ECOLOGICAL CODE OF THE REPUBLIC OF KAZAKHSTAN

The Code of the Republic of Kazakhstan dated January 2, 2021 No.400-VI LRK.

Unofficial translation

GENERAL PART SECTION 1. BASIC PROVISIONS Chapter 1. GENERAL PROVISIONS Article 1. Relations regulated by this Code

1. This Code regulates public relations in the field of interaction between human and nature (environmental relations) arising in connection with the implementation of activities by individuals and legal entities that have or can have an impact on the environment.

Relations regulated by this Code also include public relations in the field of monitoring the state of the environment, meteorological and hydrological monitoring, which are aimed at meeting the needs of the state, individuals and legal entities in environmental and hydrometeorological information.

2. Public relations arising in the field of the use of natural resources, as well as, to the extent applicable, their conservation, restoration and reproduction, are regulated depending on the type of natural resource, respectively, by the land, water, forest legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on subsoil and subsoil use, in the field of protection, reproduction and use of wildlife and other legislation of the Republic of Kazakhstan in the field of protection and use of natural resources.

3. Public relations arising in the field of environmental protection, and also to the extent that is necessary to ensure the sanitary and epidemiological well-being of the population and do not contradict this Code, are regulated by the legislation of the Republic of Kazakhstan in the field of healthcare.

4. Public relations in the field of environmental protection arising from the definition, establishment, application and implementation of mandatory and voluntary requirements for products, services, product life cycle processes (hereinafter referred to as processes), assessment and confirmation of conformity, accreditation in the field of technical regulation and in the field of standardization, as well as to the extent that does not contradict this Code, are regulated respectively by the legislation of the Republic of Kazakhstan on technical regulation and standardization.

5. Public relations in the field of the use of atomic energy and ensuring the radiation safety of the population are regulated by the special legislation of the Republic of Kazakhstan in the field of the use of atomic energy, ensuring radiation safety in the part that does not contradict this Code.

6. Public relations in the field of biological waste management are regulated by the special legislation of the Republic of Kazakhstan in the field of veterinary medicine in the part that does not contradict this Code.

7. The subjects of relations regulated by this Code are individuals and legal entities, the state, state bodies and officials.

Article 2. Environmental legislation of the Republic of Kazakhstan

1. The environmental legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. This Code is valid throughout the territory of the Republic of Kazakhstan, including on the continental shelf and in the exclusive economic zone of the Republic of Kazakhstan in accordance with the norms of international law.

3. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Code, then the rules of the international treaty apply. International treaties ratified by the Republic of Kazakhstan apply directly to environmental relations, except when it follows from an international treaty that its application requires the issuance of a legislative act of the Republic of Kazakhstan.

4. It is prohibited to include the norms regulating environmental relations in other laws of the Republic of Kazakhstan, except for the cases provided for by this Code. In the event of a conflict between this Code and other laws of the Republic of Kazakhstan containing norms regulating environmental relations, the provisions of this Code apply.

5. The civil legislation of the Republic of Kazakhstan applies to environmental relations in cases where they are not regulated by the norms of this Code.

Article 3. Purpose and tasks of environmental legislation of the Republic of Kazakhstan

1. The purpose of the environmental legislation of the Republic of Kazakhstan is to determine the legal framework, tasks and principles, as well as mechanisms for implementation of a unified state environmental policy in the Republic of Kazakhstan.

2. Tasks of the environmental legislation of the Republic of Kazakhstan are:

1) ensuring a high level of environmental protection through the implementation of state regulation aimed at preventing environmental pollution, preventing environmental damage in any form and ensuring the elimination of the consequences of environmental damage, as well as the gradual reduction of negative anthropogenic impact on the environment;

2) ensuring a favorable environment for human life and health;

3) ensuring the environmental foundations for sustainable development of the Republic of Kazakhstan;

4) ensuring the contribution of the Republic of Kazakhstan to strengthening the global response to the threat of climate change in the context of sustainable development, as well as to the implementation of international, regional and transboundary programs for environmental protection, adaptation to climate change and transition to a "green" economy;

5) protection, preservation and restoration of the environment, including territories and objects of special ecological, scientific, historical, cultural and recreational value;

6) formation of an effective system of public administration in the field of environmental protection, providing for the interaction and coordination of the activities of all state bodies;

7) encouragement and stimulation by the state of attracting "green" investments and the widespread use of the best available techniques, resource-saving technologies and practices, reducing the volume and reducing the level of danger of waste generated and effectively managing it, using renewable energy sources, water conservation, as well as implementing measures to improve energy efficiency , sustainable use, restoration and reproduction of natural resources;

8) ensuring the constant and systematic collection, accumulation, storage, analysis and dissemination of environmental information for the public, including using modern digital technologies, as well as observing the right of each person to access environmental information, determining the basic conditions, procedure and features of the implementation of this rights;

9) ensuring transparency and full participation of the public in resolving issues of environmental protection and sustainable development of the Republic of Kazakhstan;

10) ensuring effective environmental monitoring and environmental control;

11) creation of conditions for attracting investments in the environmental protection measures, modernization of existing and construction of new infrastructure that ensures a high level of environmental protection;

12) ensuring the fulfillment of international contractual and other obligations of the Republic of Kazakhstan, development of international cooperation in the field of environmental protection;

13) formation of ecological culture in society, promotion of environmental knowledge at all levels of education, development of environmental education and enlightenment in order to ensure sustainable development;

14) strengthening law and order in the field of environmental protection and ensuring environmental safety.

Article 4. Ecological safety and ecological foundations of sustainable development of the Republic of Kazakhstan

1. Sustainable development is recognized as the socio-economic development of the Republic of Kazakhstan, achieved without violating environmental sustainability, while ensuring environmental safety and environmentally balanced use of natural resources in order to equitably meet the needs of present and future generations.

2. The environmental foundations for sustainable development of the Republic of Kazakhstan are:

1) the formation and maintenance of sustainable models of production and consumption, characterized by an increase in the welfare and quality of life of the population while minimizing the anthropogenic impact on the environment, reducing the consumption of non-renewable natural resources, reducing the level of generation and disposal of waste, as well as stimulating their use as secondary resources;

2) sustainable functioning of natural ecological systems, conservation and sustainable use of biological diversity (hereinafter referred to as biodiversity), prevention of degradation of the natural environment and implementation of measures to improve it, combating desertification;

3) participation of the Republic of Kazakhstan in the global response to the threat of climate change by implementing measures to prevent climate change and adapt to climate change, as well as to protect the ozone layer of the Earth's atmosphere;

4) international cooperation of the Republic of Kazakhstan in order to preserve, protect and restore the healthy state and integrity of the Earth's ecosystem;

5) harmonization of the environmental legislation of the Republic of Kazakhstan with the principles and norms of international law and promotion of the development of international environmental law;

6) containment, prevention of transfer and transfer to the Republic of Kazakhstan from other states and from the Republic of Kazakhstan to other states of any types of activities and substances that cause environmental damage or harm to human life and (or) health, as well as taking preventive measures in accordance with the principle of precautions.

3. Environmental security as an integral part of national security is understood as the state of protection of the rights and vital interests of a person, society and the state from threats arising from anthropogenic and natural impacts on the environment.

Article 5. Principles of environmental legislation of the Republic of Kazakhstan

Legal regulation of environmental relations is based on the following principles:

1) the principle of prevention: any activity that causes or may cause pollution of the environment, degradation of the natural environment, causing environmental damage and harm to life and (or) health of people is allowed within the limits established by this Code, only if all necessary measures are taken at the source of impact on the environment to prevent the occurrence of these consequences;

2) the principle of correction: environmental damage is subject to elimination in full. If it is impossible to completely eliminate the environmental damage caused, its consequences, as far as possible with the current level of scientific and technological development, should be minimized. To the extent that the consequences of the environmental damage caused have not been eliminated or minimized, their replacement is ensured through alternative remediation in accordance with this Code;

3) the principle of precaution: if there is a risk of causing environmental damage due to any activity that has significant and irreversible consequences for the natural environment and (or) its individual components, or harm to life and (or) human health, effective and proportionate measures must be taken to prevent the occurrence of such consequences at economically acceptable costs, despite the lack of modern scientific and technical knowledge, the ability to substantiate and sufficiently accurately assess the likelihood of the occurrence of these negative consequences;

4) the principle of proportionality: environmental protection measures are provided to the extent that they are sufficient to achieve the purpose and tasks of the environmental legislation of the Republic of Kazakhstan. In this case, preference is given to the option that is the least burdensome;

5) the “polluter pays” principle: a person whose activity causes or may cause pollution of the environment, degradation of the natural environment, causing environmental damage in any form or harm to life and (or) health of people, bears all costs for implementation of requirements of the environmental legislation of the Republic of Kazakhstan for prevention and control of the negative consequences of their activities, including the elimination of environmental damage caused in accordance with the principle of correction;

6) the principle of sustainable development: nature and its resources constitute the wealth of the Republic of Kazakhstan and their use must be sustainable. The state ensures balanced and rational management of natural resources for the benefit of present and future generations. When making decisions on environmental protection, priority is given to the preservation of natural ecological systems and ensuring their sustainable functioning, water saving, energy saving and energy efficiency, reducing the consumption of non-renewable energy and raw materials, using renewable energy sources, minimizing waste generation, as well as their use as secondary resources;

7) the principle of integration: the state policy of the Republic of Kazakhstan in all spheres of economic and social activity is formed and implemented subject to a balance between the tasks of socio-economic development and the need to ensure the environmental foundations of sustainable development of the Republic of Kazakhstan, including a high level of environmental protection and improvement of its quality;

8) the principle of accessibility of environmental information: the state, based on international treaties of the Republic of Kazakhstan, ensures that the public's right to access environmental information is observed on the grounds, conditions and within the limits established by law;

9) the principle of public participation: the public has the right to participate in decision-making affecting the issues of environmental protection and sustainable development of the Republic of Kazakhstan, on the terms and in the manner established by this Code. Public participation in decision-making on issues affecting the interests of environmental protection and sustainable development of the Republic of Kazakhstan is ensured from an early stage, when all possibilities are open for consideration of various options and when effective public participation can be ensured. State bodies and officials ensure the publicity of decisions planned for adoption that can have an impact on the state of the environment, on conditions that allow the public to express their opinion, which is taken into account in their adoption;

10) the principle of the ecosystem approach: when planning and making decisions by state bodies and officials, as a result of which negative consequences for the state of the environment occur or may occur, the integrity and natural interconnections of natural ecological systems, living organisms, natural landscapes, other natural, natural-anthropogenic and anthropogenic objects and the need to preserve the natural balance of the natural environment must be taken into account. At that, priority should be given to the conservation of natural landscapes, natural complexes and biodiversity, the conservation and sustainable functioning of natural ecological systems, as well as the prevention of negative impact on the services provided by such ecological systems.

Chapter 2. GENERAL PROVISIONS ON ENVIRONMENT AND ITS PROTECTION Article 6. Environment

1. The environment is a set of conditions, substances and objects of the material world surrounding a person, including the natural environment and the anthropogenic environment.

2. The components of the natural environment are atmospheric air, surface and underground waters, the earth's surface and soil layer, subsoil, flora, fauna and other organisms, all layers of the Earth's atmosphere, including the ozone layer, as well as the climate, providing in their interaction the favorable conditions for the existence of life on Earth.

The components of the natural environment do not include anthropogenic objects, as well as living organisms artificially reproduced by humans and not living in a state of natural freedom.

3. The set of individual interrelated components of the natural environment, having certain boundaries, conditions and mode of existence, is distinguished into natural and natural-anthropogenic objects.

4. Natural objects are recognized as natural ecological systems and natural landscapes, as well as their constituent elements that have retained their natural properties.

Functionally and naturally interconnected natural objects, united by geographical and other relevant features, constitute separate natural complexes.

5. Natural and anthropogenic objects include:

1) natural objects specially modified as a result of human activity, but retaining the properties of a natural object;

2) artificially created objects having the properties of a natural object, having a recreational value and (or) performing a protective function for the natural environment.

6. Anthropogenic environment is a set of artificially created conditions and anthropogenic objects, which is a daily human habitat. Anthropogenic objects are recognized as objects of the material world created or modified by man to meet his social needs and that do not have the properties of natural objects.

Article 7. Quality of environment

1. The quality of the environment is understood as a set of properties and characteristics of the environment, which are determined on the basis of physical, chemical, biological and other indicators that reflect the state of its components in their interaction.

2. The environment is considered favorable for human life and health if its quality ensures environmental safety and the natural balance of the natural environment, including the sustainable functioning of ecological systems, natural and natural-anthropogenic objects and natural complexes, as well as the conservation of biodiversity.

Article 8. Environmental protection

Environmental protection is a system of measures implemented by the state, individuals and legal entities aimed at preserving and restoring the natural environment, preventing environmental pollution and damage in any form, minimizing the negative anthropogenic impact on the environment and eliminating its consequences, ensuring other environmental foundations of sustainable development of the Republic of Kazakhstan.

Article 9. Objects of environmental protection

1. All components of the natural environment, biodiversity, gene pool and genetic resources of living organisms, natural and natural-anthropogenic objects are to be protected from destruction, degradation, depletion, damage, pollution or other harmful effects.

2. Separate objects are subject to special protection in accordance with the legislation of the Republic of Kazakhstan in the field of specially protected natural areas.

Article 10. General provisions on anthropogenic impact on environment

1. Anthropogenic impact on the environment means the direct or indirect impact of human activities on the environment in the form of:

1) emissions, which are understood as the pollutants released from anthropogenic objects into the atmospheric air, water, on the ground or under its surface;

2) physical effects of objects on the environment, which are understood as the effects of noise, vibration, electromagnetic fields, ionizing radiation, temperature and other physical factors that cause a change in the natural temperature, energy, wave, radiation and other physical properties of the components of the environment;

3) waste disposal, their illegal placement on the earth's surface or discharge into water bodies;

4) discharge of greenhouse gases released from anthropogenic objects into the atmospheric air;

5) construction and operation of objects (buildings, structures, facilities, communications), as well as post-utilization (demolition) of objects that have exhausted their resource;

6) use of natural resources and beneficial properties of the natural environment, including through their temporary or irretrievable withdrawal;

7) introduction into the natural environment of objects of the animal and plant world, including deliberate release into the environment and sale (placement) on the market of genetically modified organisms;

8) holding events on environmental protection.

2. Harmful are any forms of anthropogenic impact on the environment, as a result of which harm may be caused to human life and (or) health, property and (or) which leads or may lead to environmental pollution, environmental damage and (or) other negative changes in the quality of the natural environment, including in the form of:

1) depletion or degradation of components of the natural environment;

2) destruction or disruption of the sustainable functioning of natural and natural-anthropogenic objects and their complexes;

3) loss or reduction of biodiversity;

4) the occurrence of obstacles to the use of the natural environment, its resources and properties for recreational and other purposes permitted by law;

5) reducing the aesthetic value of the natural environment.

Article 11. Pollution of environment

1. Environmental pollution is understood as the presence in the atmospheric air, surface and ground waters, soil or on the earth's surface of pollutants, heat, noise, vibrations, electromagnetic fields, radiation in quantities (concentrations, levels) exceeding the environmental quality standards established by the state.

2. Pollutants are any substances in solid, liquid, gaseous or vapor state, which, when they enter the environment, due to their qualitative or quantitative characteristics, violate the natural balance of the natural environment, degrade the quality of the components of the natural environment, and are capable of causing environmental damage or harm to human life and (or) health.

Substances in this Code mean chemical elements present in their natural state in the natural environment or formed as a result of human activities, their compounds, mixtures, solutions and aggregates.

The list of pollutants whose emissions are subject to environmental regulation (hereinafter referred to as the list of pollutants) is approved by the authorized body in the field of environmental protection for a period of ten years and is subject to revision based on updated scientific knowledge about the environment and anthropogenic factors affecting its quality, and also taking into account the development of methods, techniques and technologies for monitoring and controlling pollutants. The list of pollutants is also subject to revision no later than the first year after the entry into force of the international obligations of the Republic of Kazakhstan in the field of environmental protection, requiring the adoption of state regulation measures in relation to pollutants that are not in the current list at that time.

3. The list of pollutants is determined based on the following criteria:

1) taking into account the level of toxicity, carcinogenic and (or) mutagenic properties of substances, including those that tend to accumulate in the environment, as well as their ability to convert in the environment into compounds with greater toxicity;

2) taking into account the natural properties of the natural environment and its ability to maintain and restore its quality by absorbing, cleaning, otherwise eliminating pollution and other forms of negative impact in a certain area without human intervention;

3) taking into account the data of state environmental monitoring and sanitary and epidemiological monitoring;

4) in the presence of scientifically based methods (methods), techniques and technologies for measuring the quantitative and qualitative characteristics of pollutants.

Article 12. Categories of objects that have a negative impact on environment

1. Objects that have a negative impact on the environment, depending on the level and risk of such impact, are divided into four categories:

1) objects that have a significant negative impact on the environment (objects of category I);

2) objects that have a moderate negative impact on the environment (objects of category II);

3) objects that have an insignificant negative impact on the environment (objects of category III);

4) objects that have a minimal negative impact on the environment (objects of category IV).

2. Appendix 2 to this Code establishes the types of activities and other criteria on the basis of which objects that have a negative impact on the environment are classified as objects of categories I, II or III.

Types of activities that are not listed in Appendix 2 to this Code or do not meet the criteria set forth in it, refer to objects of category IV.

3. With respect to objects of categories I and II, the term "object" means a stationary technological object (enterprise, production) within which one or more types of activities specified in section 1 (for objects of category I) or section 2 (for objects of category II) of Annex 2 to this Code are carried out, as well as technologically directly related to it any other types of activities that are carried out within the same industrial site where such an object is located.

With respect to category III facilities, the term "facility" means a building, structure, their complex, site or territory within which the activities specified in section 3 of Annex 2 to this Code are carried out.

The criteria according to which construction and installation works and works on reclamation and (or) liquidation carried out at facilities of various categories belong to category I, II, III or IV are established in the instructions for determining the category of an object that has a negative impact on the environment.

4. The assignment of an object to categories is carried out in accordance with the requirements of paragraph 2 of this article:

1) in relation to the planned activity subject to mandatory environmental impact assessment in accordance with this Code - when conducting a mandatory environmental impact assessment;

2) in relation to the planned activity, in accordance with this Code, subject to mandatory screening of the impacts of the planned activity, - when screening the impacts of the planned activity;

3) in relation to other planned activities not specified in subparagraph 1) or 2) of this paragraph - independently by the operator, taking into account the requirements of this Code.

The instruction for determining the category of an object that has a negative impact on the environment is approved by the authorized body in the field of environmental protection.

5. When assigning objects to the appropriate category, the following are taken into account:

1) levels of negative impact on the environment by type of activity (industry, part of the industry, production, facility);

2) the level of toxicity, carcinogenic and mutagenic properties of pollutants contained in emissions, discharges of pollutants, as well as the classification of waste.

6. The operator of an object in this Code means an individual or legal entity that owns or otherwise legally uses an object that has a negative impact on the environment.

Individuals and legal entities are not recognized as the object’s operators, involved by the object operator to perform certain works and (or) provide certain services during the construction, reconstruction, operation and (or) liquidation (post-utilization) of an object that has a negative impact on the environment.

Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Chapter 3. RIGHTS AND OBLIGATIONS OF ENTITIES IN ENVIRONMENTAL PROTECTION AREA Article 13. Fundamental rights and obligations of entities in environmental protection area

1. Everyone has the right to a favorable environment.

2. In order to ensure the right of every person of present and future generations to live in a favorable environment, the state recognizes and guarantees the following rights of the public:

1) access to timely, complete and reliable environmental information in accordance with the laws of the Republic of Kazakhstan;

2) participation in the process of making decisions by state bodies and officials on issues relating to the environment, in the manner prescribed by this Code;

3) participation in the discussion of draft regulatory legal acts on environmental protection and submission of their comments to the developers for consideration in accordance with the Law of the Republic of Kazakhstan "On legal acts";

4) to apply to the authorized body in the field of environmental protection and other state bodies, officials in accordance with their competence with a statement about any alleged facts of causing environmental damage, violation of the requirements of the environmental legislation of the Republic of Kazakhstan or other circumstances that create a threat of such consequences, as well as receive answers from relevant state bodies and officials on the results of consideration of applications and decisions taken in the manner prescribed by the laws of the Republic of Kazakhstan;

5) to apply to the court with an application to challenge the legality of actions (inaction) and decisions of state bodies, local governments, officials and civil servants on environmental issues, including those related to the elimination of environmental damage caused and the suppression of violations of the requirements of environmental legislation of the Republic of Kazakhstan;

6) to apply to the court in accordance with the civil and civil procedural legislation of the Republic of Kazakhstan to protect property or non-property benefits and rights that have been harmed as a result of violation by third parties of the requirements of the environmental legislation of the Republic of Kazakhstan.

3. In this Code, the public means one or more individuals or legal entities, non-profit organizations, as well as associations, unions or other associations.

4. Preservation of nature and careful attitude to its resources are the duty and obligation of all individuals and legal entities.

Individuals and legal entities are required to comply with the requirements of the environmental legislation of the Republic of Kazakhstan, and must also promote measures to protect the environment.

5. Legal entities and individual entrepreneurs take at their own expense the necessary measures to protect the environment, including the prevention of environmental pollution, degradation of the natural environment, environmental damage in any form and threats related to human life and (or) health which may arise as a result of their activities, as well as bear other obligations in the field of environmental protection established by this Code.

6. Individuals and legal entities have other rights and bear other obligations established by the laws of the Republic of Kazakhstan.

Article 14. Rights of non-profit organizations in the field of environmental protection

Non-profit organizations in carrying out their activities in the field of environmental protection, in addition to the rights provided for in Article 13 of this Code, also have the right to:

1) at the expense of own or borrowed funds, develop, promote and implement measures in the field of environmental protection, involve individuals and legal entities on a voluntary basis, on a gratuitous or reimbursable basis, in vigorous activities in the field of environmental protection;

2) to carry out work to protect the environment and improve its quality;

3) to apply for protection of the rights, freedoms and legitimate interests of individuals and legal entities, including in court, as well as to appeal against the legality of actions (inaction) and decisions of state bodies, local governments, officials and civil servants in the interests of an indefinite number of persons;

4) together with the authorized state bodies in the field of environmental protection, protection, reproduction and use of natural resources, to take part in ensuring the protection, reproduction and sustainable use of natural resources, protection of specially protected natural areas and objects of the state natural reserve fund;

5) to initiate and organize public hearings in accordance with this Code;

6) to carry out activities on environmental education and environmental awareness, conduct research in the field of environmental protection in accordance with the legislation of the Republic of Kazakhstan.

Article 15. Public participation in decision-making

1. The public concerned has the right to participate, on the terms and in the manner established by this Code, in the process of conducting an environmental assessment and making other decisions on environmental issues by state bodies and officials.

2. The public concerned in this Code means the public whose interests are affected or may be affected by the decisions taken on issues relating to the environment, or which is interested in participating in the process of making these decisions.

Non-profit organizations whose statutory goals include promoting the protection of the environment as a whole or its individual elements are considered the interested organizations.

3. Within the framework of the procedures defined by this Code, representatives of the public concerned have the right to submit any comments, information, analysis or opinions that they consider to be relevant to the planned activity or the decision being made, in written or electronic form and orally, including during public hearings when their conduct is provided for by this Code.

4. Appropriate decisions taken by a state body or official on environmental issues must reflect the results of public participation.

5. State bodies or officials who have made a decision on issues relating to the environment are obliged to immediately inform the public concerned about this by submitting to it, in the manner prescribed by this Code, the text of the decision, together with an indication of the reasons and arguments that formed the basis of this decision.

Article 16. System of state measures to ensure rights in the field of environmental protection

1. State bodies, local self-government bodies and officials are obliged to assist the public in implementation of its rights in the field of environmental protection.

2. Officials who do not ensure, within their competence, the implementation of the rights of the public provided for by this Code, or hinder their implementation, are liable in accordance with the laws of the Republic of Kazakhstan.

Chapter 4. ENVIRONMENTAL INFORMATION Article 17 Environmental information

1. Environmental information means any information in written, visual, audio, electronic or any other material form:

1) on the state of the components of the natural environment, natural and natural-anthropogenic objects, natural complexes, objects of the state natural reserve fund, biodiversity, including genetically modified organisms, and the interaction between them, as well as on ecosystem services, the gene pool and genetic resources of living organisms;

2) on the factors that have and (or) are capable of influencing the elements specified in subparagraph 1) of this paragraph;

3) on the administrative, legislative, program and other measures taken by the state, including the developed regulatory legal acts, policies, plans, programs and agreements in the environment area that have and (or) may have an impact on the elements and factors specified in subparagraphs 1) and 2) of this paragraph, including the planned, ongoing or implemented measures and actions aimed at protecting the elements specified in subparagraph 1) of this paragraph;

4) on the activities of state bodies, individuals and legal entities that have and (or) are capable of influencing the elements and factors specified in subparagraphs 1) and 2) of this paragraph, as well as planned, ongoing or implemented measures and actions aimed at protecting such elements;

5) on the environmental legislation of the Republic of Kazakhstan and reports on its application;

6) on cost-benefit analysis, other types of economic analysis and assumptions used when making decisions by state bodies and officials within the framework of planned measures and carrying out activities provided for in subparagraphs 3) and 4) of this paragraph;

7) on the state of human health, environmental safety, including, if applicable, the concentration of pollutants in the food chain, the environmental conditions of human habitation, the state of cultural objects, buildings and structures to the extent that they are affected or may be affected by the state of environmental elements specified in subparagraph 1) of this paragraph, or through these elements, the factors, activities or measures specified in subparagraphs 2), 3) and 4) of this paragraph;

8) on vulnerability to climate change, on existing and projected impacts of climate change, as well as on measures to adapt to climate change.

2. Environmental information is publicly available and is not subject to restriction and classification.

Article 18. Access to environmental information

1. The public has the right to access complete, reliable and timely environmental information held by state bodies, including those produced or received by them, or possessed by any individual or legal entity acting on behalf of a state body.

2. Holders of environmental information are obliged to provide environmental information upon request, except for the cases provided for in Article 20 of this Code. No one has the right to demand from the applicant, who has submitted a request for the provision of environmental information, to provide a justification for his interest in obtaining such information.

3. The following are recognized as holders of environmental information:

1) bodies and institutions of the legislative, executive and judicial branches of state power, local state administration and self-government;

2) state institutions that are not state bodies, whose activities or services are related to the environment;

3) entities of the quasi-public sector whose activities or services are related to the environment;

4) individuals and legal entities - in terms of environmental information, possessed by them.

4. The public also has the right to free and free access to public electronic information resources containing environmental information.

Article 19. Form of provision of environmental information

1. Environmental information must be provided to the applicant in the form specified in the relevant request for environmental information, unless:

1) there are objective and reasonable grounds for providing it in a different form, indicating such grounds;

2) it was previously provided to the public in a different form.

2. If there is such an indication in the request for the provision of environmental information, the applicant must also be provided with copies of the actual documentation containing or including the relevant environmental information.

Article 20. Terms and procedure for providing environmental information

1. The terms, procedure for providing and refusing to provide environmental information are established by the Administrative Procedural Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On access to information”, subject to the requirements of this Code.

2. Access to environmental information related to the environmental impact assessment procedure and the decision-making process for the planned activity is provided in accordance with this Code.

3. Granting access to environmental information must be denied:

1) if the content of the request does not allow establishing the requested environmental information;

2) if the request does not meet the requirements of the Law of the Republic of Kazakhstan "On access to information";

3) if this entails a violation of the legislation of the Republic of Kazakhstan on personal data and their protection;

4) if the request raises the issue of legal assessment of acts adopted by the holder of environmental information, analysis of the activities of the holder of environmental information or subordinate bodies and organizations or other analytical work before its completion;

5) until a decision is made on the results of inspections carried out within the framework of state control and supervision;

6) until the adoption of a final decision, developed on the basis of the results of interdepartmental and intradepartmental correspondence or meetings in state bodies;

7) until the adoption of a mutual agreement on the conditions for disclosing the content of documents received from foreign states or international organizations;

8) if this entails a violation of intellectual property rights;

9) if this entails a violation of the confidentiality of primary statistical data.

Information on quantitative and qualitative indicators of emissions into the environment cannot be recognized as a commercial or other secret protected by law.

4. In cases where information not subject to disclosure under paragraph 3 of this article can be separated from other information without prejudice to its confidentiality, the latter must be provided to the applicant.

5. In cases where the state body does not have the requested environmental information, the received request, within the time limits established by the legislation of the Republic of Kazakhstan, is redirected to the relevant state body with the notification of the applicant about it.

Article 21. Collection and dissemination of environmental information

1. The state provides measures for the collection and dissemination of environmental information, including through:

1) maintaining and placing in the public domain the register of emissions and transfers of pollutants of the Republic of Kazakhstan;

2) development and publication of the National report on the state of the environment and on the use of natural resources of the Republic of Kazakhstan;

3) maintaining a state fund of environmental information and providing free access to it;

4) regular dissemination of environmental information in the media, in periodicals and special print publications and other information products, on Internet resources, using other publicly available information and communication tools, as well as within the framework of environmental education activities carried out by state bodies.

2. State bodies are obliged to support the public in obtaining access to information, including by providing full information on the type and scope of environmental information held by the relevant state bodies, and on the conditions and procedure for providing such information and access to it.

3. The local executive body of the region, the city of republican significance, the capital, annually until May 1, posts on the official Internet resource information for the previous year:

1) on the approved environmental quality targets and the actual results of all relevant indicators;

2) on the progress of the state environmental policy at the local level;

3) on the progress of the action plan for environmental protection and the costs of the local budget for such activities;

4) on the total amount of payment for the negative impact on the environment received by the local budget.

4. The authorized body in the field of environmental protection annually, before May 1, posts on the official Internet resource information for the previous year:

1) on the progress of the state environmental policy;

2) on the implemented measures for remediation of environmental damage;

3) on expenditures of the republican budget for environmental protection measures;

4) on the results of state environmental control and the total amount of fines collected to the budget for violation of the requirements of the environmental legislation of the Republic of Kazakhstan.

Article 22. Pollutant release and transfer register

1. Pollutant release and transfer register - a structured electronic database on the state of emissions of pollutants into the environment and levels of environmental pollution, posted in the public domain on the official Internet resource, which is maintained to ensure the right of everyone to access environmental information and participation of the public in the process of decision-making on matters relating to the environment, as well as promoting the prevention and reduction of environmental pollution.

2. Authorized body in the field of environmental protection organizes the maintenance of a pollutant release and transfer register.

The register of emissions and transfer of pollutants is maintained by a subordinate organization of the authorized body in the field of environmental protection.

The rules for maintaining the register of emissions and transfer of pollutants are approved by the authorized body in the field of environmental protection.

3. For the purposes of this article, in relation to a pollutant release and transfer register:

1) the term "pollutant" means a substance or group of substances that may be harmful to the environment, life and (or) human health due to their properties and as a result of the introduction of such substances into the environment and which are included in the list of pollutants for reporting by sections of industry, established by the rules for maintaining the register of emissions and transfers of pollutants;

2) the term "release" means any introduction of pollutants into the environment as a result of any activity, regardless of whether it is intentional or accidental, planned or unplanned, including spills on the earth's surface and water bodies, emissions into the atmospheric air, discharges of pollutants into water bodies, injection of pollutants into the subsoil, burial of wastes or their placement on the earth's surface or through sewerage systems without final wastewater treatment;

3) the term "transfer" means the movement outside the facility of pollutants or wastes intended for removal or recovery, as well as pollutants contained in wastewater intended for treatment;

4) the term "facility" means one or more industrial installations on the same site or adjacent sites, which are owned by the same person or operated by the same person.

4. The information of the register of releases and transfers of pollutants is given with reference to the relevant cartographic materials in order to visualize it on the ground.

5. The pollutant release and transfer register is maintained:

1) in relation to specific objects - in relation to reporting on stationary organized sources;

2) separately for each type of pollutant and each type of waste - according to the list of pollutants for reporting by sections of industry, established by the rules for maintaining the pollutant release and transfer register;

3) based on the determination of emissions into the environment - in accordance with the instructional and methodological documents.

Instructional and methodological documents for determining emissions into the environment, including methods for calculating emissions of heavy metals and persistent organic pollutants, are approved by the authorized body in the field of environmental protection.

6. The register of emissions and transfers of pollutants contains information on the environmental quality standards in force in the Republic of Kazakhstan, the impact of pollutants on public health and the environment, other scientifically based information on emissions and transfers of pollutants, as well as information on facilities that emit pollutants in the Republic of Kazakhstan.

7. Information about each object submitted to the pollutant release and transfer register must contain:

1) name, business identification number, postal address, geographical location (object coordinates) and type or types of activity of the object for which reporting is submitted, as well as the name and surname of the first head;

2) name and identification number of each pollutant for which reporting is required;

3) the amount of each pollutant released at the facility during the reporting year (both in aggregate and broken down by emissions into air, water or land, including the injection of pollutants into the subsoil);

4) the amount of waste transferred outside the facility during the reporting year (in case the transfer outside the facility exceeds two tons per year for hazardous waste or two thousand tons per year for non-hazardous waste), with a distinction between hazardous and non-hazardous waste, indicating, respectively, the note “ B" or "U" (depending on the purpose of the waste for recovery or disposal), and in the case of transboundary transfer of hazardous waste - the name and address of the entity carrying out the recovery or disposal of waste, the geographical location of the object to which the transfer is received;

5) the amount of each pollutant in the wastewater that is required to be reported and transferred off-site during the reporting year;

6) the type of methodology used to obtain information on the amount of pollutants and wastes, indicating whether the information is based on measurements, calculations or estimates.

8. Operators of the facilities referred to in paragraph 9 of this Article are obliged to submit reports annually by April 1 to the pollutant release and transfer register for the previous calendar year containing information in accordance with paragraph 7 of this Article.

The reporting year is the calendar year to which such information relates.

9. The reporting obligation established by paragraph 8 of this article applies to facility operators, that carry out one or more activities in excess of the applicable production capacity thresholds set out in the rules for maintaining a pollutant release and transfer register and meet any of the following criteria:

1) emit any pollutants in quantities exceeding the applicable thresholds;

2) transfer any pollutant in the wastewater outside the industrial site occupied by the facility intended for treatment in quantities exceeding the applicable threshold values.

Applicable threshold values ​​for the amount of releases and transfers of pollutants in the Republic of Kazakhstan in accordance with part one of this paragraph are established by the rules for maintaining the register of releases and transfers of pollutants.

10. Information is provided to the pollutant release and transfer register by operators by filling out a reporting form in the information system of the pollutant release and transfer register and signing this form with an electronic digital signature of a person authorized by the relevant operator to provide information on his behalf to the specified register.

11. Determination of releases and transfers of pollutants is carried out by the operator using the best available information, which is determined in accordance with the rules for maintaining a register of releases and transfers of pollutants. The data from which the reporting information was obtained, as well as a description of the data collection methodology used, must be kept by the operator for a period of five years from the end of the relevant reporting year.

12. The authorized body in the field of environmental protection places in the public domain the information provided by operators to the pollutant release and transfer register.

The operator is responsible for the completeness and quality of the information provided.

13. Information must be included in the register of releases and transfers of pollutants and be available to the public no later than fifteen months from the end of each reporting year.

14. The pollutant release and transfer register data is available to the public for at least ten previous reporting years from the date of introduction of the pollutant release and transfer register.

15. The pollutant release and transfer register should provide for the possibility of searching for releases and transfers of pollutants and their identification by:

1) the object and its geographical location;

2) type of activity;

3) object operator;

4) pollutant and (or) waste;

5) each component of the environment into which emissions are made;

6) the end point of the transfer of pollutants and, as appropriate, by type of operation for removal or recovery of waste.

Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 23. National report on the state of environment and on the use of natural resources of the Republic of Kazakhstan

1. The National report on the state of the environment and on the use of natural resources of the Republic of Kazakhstan (hereinafter referred to as the National report) is an analytical report on the state of the environment and on the use of natural resources of the Republic of Kazakhstan, which is compiled on an annual basis in order to inform the population about the actual environmental situation on the territory of the Republic of Kazakhstan and measures taken to improve it.

2. The rules for development of the National report, as well as the development and maintenance of the Interactive report on the state of the environment and on the use of natural resources of the Republic of Kazakhstan, are approved by the authorized body in the field of environmental protection.

3. The National report reflects the following information:

1) on the qualitative and quantitative characteristics of the environment and natural resources;

2) on anthropogenic impact on the environment, including the main socially significant environmental problems;

3) on the environmental situation in the regions, including information on target indicators of the quality of environment;

4) on changes made to the environmental legislation of the Republic of Kazakhstan for the reporting period;

5) on implementation of the state environmental policy and policy in the field of the use of natural resources of the Republic of Kazakhstan, including in terms of the transition of the Republic of Kazakhstan to a "green" economy and sustainable development;

6) on the impacts of climate change, projected impacts of climate change, vulnerability to climate change and measures to adapt to climate change;

7) on fulfillment of international obligations of the Republic of Kazakhstan in the field of environmental protection.

4. Central state bodies and local executive bodies annually, before March 1 of the year following the reporting one, provide information for the preparation of the National report in accordance with the rules for development of the National and Interactive reports on the state of the environment and on the use of natural resources of the Republic of Kazakhstan.

5. The authorized body in the field of environmental protection on the basis of available data, as well as information provided by central state bodies and local executive bodies, organizes the development of the National report and its publication on the official Internet resource.

The National report is developed by the subordinate organization of the authorized body in the field of environmental protection.

Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 24. Interactive report on the state of environment and on the use of natural resources of the Republic of Kazakhstan

1. In order to disseminate information on the state of the environment and on the use of natural resources in a form understandable to a wide range of people, and to expand public access to such information, the authorized body in the field of environmental protection organizes the annual development of an Interactive report on the state of the environment and on the use of natural resources of the Republic of Kazakhstan (hereinafter referred to as the Interactive report).

2. An interactive report is developed on the basis of the National report for the previous year and posted on the official Internet resources of the person responsible for its development and the authorized body in the field of environmental protection.

Article 25. State fund for environmental information

1. The State environmental information fund is a system of centralized collection, accounting, systematization, storage, dissemination of environmental information and other regulatory, statistical, accounting, reporting, scientific and analytical information relating to environmental issues, natural resources, sustainable development and ecology, in written, electronic, audiovisual or other forms.

2. The State environmental information fund is maintained in order to ensure the realization of the public's right to access to environmental information, environmental education and improvement of the environmental culture of the population, as well as information support for state bodies.

3. The rules for maintaining the state environmental information fund are approved by the authorized body in the field of environmental protection.

4. The authorized body in the field of environmental protection shall organize the maintenance of the state environmental information fund.

The state environmental information fund is maintained by a subordinate organization of the authorized body in the field of environmental protection.

5. Information of the state environmental information fund in electronic form is placed in open access on the Internet resource in accordance with the rules for maintaining the state environmental information fund.

6. State bodies provide information to the state environmental information fund in accordance with the rules for maintaining the state environmental information fund.

7. Sources of information of the state environmental information fund are:

1) state cadastres of natural resources;

2) state cadastre of waste;

3) state cadastre of consumption of ozone-depleting substances;

4) state carbon cadastre;

5) state register of carbon units;

6) National plan for carbon quotas;

7) nationally determined contributions of the Republic of Kazakhstan to reduce greenhouse gas emissions;

8) an action plan to reduce greenhouse gas emissions for the relevant period and reports on implementation of nationally determined contributions of the Republic of Kazakhstan to reduce greenhouse gas emissions;

9) pollutant release and transfer register;

10) national report of the Republic of Kazakhstan on cadastre of anthropogenic emissions from sources and removals by sinks of greenhouse gases not regulated by the Montreal protocol on substances that deplete the ozone layer;

11) state register of objects of historical pollution;

12) materials of environmental impact assessment and state ecological expertise, including protocols of public hearings;

13) materials on strategic environmental assessment in accordance with paragraph 7 of Article 60 of this Code;

14) international treaties on environmental issues, to which the Republic of Kazakhstan is a party;

15) documents of the State Planning System in the Republic of Kazakhstan, affecting the issues of environmental protection and the use of natural resources;

16) regulatory legal acts and regulatory and technical documents in the field of environmental protection and the use of natural resources;

17) reference books on best available techniques developed in accordance with the requirements of this Code;

18) information related to the impacts of climate change, projected impacts of climate change, vulnerability to climate change and measures to adapt to climate change;

19) reports on implementation of research and development work related to environmental protection and the use of natural resources;

20) national reports on the state of the environment and on the use of natural resources of the Republic of Kazakhstan;

21) maps of environmental sensitivity for oil spill response at sea, inland waters and in the buffer zone of the Republic of Kazakhstan;

22) reports on the results of control and law enforcement activities in the field of environmental protection and the use of natural resources;

23) the issued environmental permits, including programs to improve environmental efficiency, waste management programs, action plans for environmental protection, industrial environmental control programs, reports on the results of industrial environmental control, as well as submitted environmental impact declarations;

24) data of state environmental monitoring;

25) register (list) of genetically modified organisms and products;

26) scientific, technical and analytical literature in the field of ecology;

27) action plans for environmental protection, approved by local representative bodies of regions, cities of republican significance, the capital, and reports on their implementation;

28) other materials and documents containing environmental information.

Footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

SECTION 2. STATE ADMINISTRATION IN THE FIELD OF ENVIRONMENTAL PROTECTION Article 26. Competence of the Government of the Republic of Kazakhstan in the field of environmental protection

In the field of environmental protection, the Government of the Republic of Kazakhstan:

1) develops the main directions of the state environmental policy and organizes their implementation;

2) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication);
3) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication);
4) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication);
5) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication);
Footnote. Article 26 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (effective after ten calendar days after the date of its first official publication).

Article 27. Competence of the authorized body in the field of environmental protection

1. The authorized body in the field of environmental protection is the central executive body, managing and conducting an inter-sectoral coordination in the field of environmental protection, meteorological and hydrological monitoring.

2. The authorized body in the field of environmental protection forms and implements a unified state environmental policy through:

1) development and approval of regulatory legal acts in the field of environmental protection in cases provided for by this Code;

2) coordination within their competence of the activities of central and local executive bodies in terms of their activities in the field of environmental protection;

3) licensing activities in the field of environmental protection;

4) issuance of environmental permits within its competence established by this Code;

5) receiving notifications about the beginning or termination of entrepreneurial activity in the cases provided for by this Code;

6) conduct of the state ecological expertise within its competence established by this Code;

7) implementation of state environmental control;

8) development and organization of the environmental protection measures that are important at the republican level;

9) implementation of state regulation in the field of emissions and removals of greenhouse gases;

10) implementation of state regulation in the field of protection of the ozone layer of the Earth;

11) coordination of action plans for environmental protection of local executive bodies of regions, cities of republican significance, the capital;

12) implementation of international cooperation in the field of environmental protection;

12-1) implementation of the state policy on fulfillment of obligations under international treaties of the Republic of Kazakhstan in the field of climate change;

13) performance of other functions assigned to it by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

The distribution of functions and powers provided for in subparagraphs 4) - 7) of part one of this paragraph, as well as Chapter 7 of this Code, between the authorized body in the field of environmental protection, its departments and territorial divisions shall be established by the authorized body in the field of environmental protection.

Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 28. Implementation of the unified state environmental policy

1. The unified state environmental policy of the Republic of Kazakhstan is implemented in the main directions developed by the Government of the Republic of Kazakhstan.

2. Local executive bodies of regions, cities of republican significance, the capital, taking into account the approved target indicators of quality of environment, are responsible for implementation of state environmental policy at the local level in accordance with the legislation of the Republic of Kazakhstan.

3. When implementing the state environmental policy at the central and local levels, the right of the public concerned to participate in the decision-making process on issues related to environmental protection, in accordance with this Code, must be ensured.

4. State bodies and officials, within their competence, provide measures for environmental education and improve the environmental culture of individuals and legal entities, as well as create the necessary conditions for their involvement on a voluntary basis in the implementation of the state environmental policy.

Article 29. Measures for environmental protection, financed at the expense of the budget funds

1. Environmental protection measures are a set of technological, technical, organizational, social and economic measures aimed at environmental protection and improvement of its quality.

2. Environmental protection measures financed from budgetary funds are determined in accordance with the directions established by the documents of the State Planning System in the Republic of Kazakhstan, as well as decisions of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and local representative bodies.

3. Measures for environmental protection are organized:

1) at the local level - by local executive bodies of regions, cities of republican significance, the capital;

2) at the republican level - by the authorized body in the field of environmental protection.

4. Measures for environmental protection include the measures:

1) aimed at ensuring environmental safety;

2) improving the state of environmental components by improving the quality characteristics of the environment;

3) contributing to the stabilization and improvement of the state of ecological systems, the conservation and sustainable use of biodiversity, the reproduction of natural resources;

4) preventing environmental pollution, degradation of the natural environment, causing environmental damage in any form and related threats to human life and (or) health;

5) aimed at ensuring the safe management of hazardous chemicals, including persistent organic pollutants, reducing the level of chemical, biological and physical impacts on the environment, both anthropogenic and natural;

6) improving methods and technologies aimed at environmental protection, sustainable use of natural resources and introduction of international standards for environmental management;

7) increasing the efficiency of industrial environmental control;

8) forming information systems in the field of environmental protection and facilitating the provision of environmental information;

9) contributing to the promotion of environmental knowledge, environmental education and enlightenment for sustainable development;

10) aimed at reducing greenhouse gas emissions and (or) increasing the removal of greenhouse gases.

5. Measures for environmental protection of local executive bodies of regions, cities of republican significance, the capital are carried out on the basis of and in accordance with the action plans for environmental protection.

The action plan for environmental protection is developed for a three-year period by the local executive body of the region, city of republican significance, the capital based on the standard list of environmental protection measures provided for in Appendix 4 to this Code.

The participation of the public concerned in the development of an action plan for environmental protection is ensured in accordance with the rules for holding public hearings.

After agreement with the authorized body in the field of environmental protection, the action plan for environmental protection is approved by the relevant local representative body of the region, city of republican significance, the capital.

The procedure for developing an action plan for environmental protection is developed and approved by the authorized body in the field of environmental protection.

6. Local executive bodies of regions, cities of republican significance, the capital annually submit a report on implementation of the environmental protection action plan to the relevant local representative body of the region, city of republican significance, the capital and the authorized body in the field of environmental protection no later than February 1 after the end of the reporting period.

7. The approved action plan for environmental protection is implemented at the expense of budgetary funds in the amount of at least the amount of fees for the negative impact on the environment received by the local budget during the three years preceding the year of development and approval of this action plan.

In case of insufficiency of funds formed from the received amounts of payment for the negative impact on the environment and directed to environmental protection measures, the approved environmental protection action plan may be changed only upon agreement with the authorized body in the field of environmental protection.

8. Measures for environmental protection of local executive bodies of regions, cities of republican significance, the capital may be additionally carried out at the expense of other sources not prohibited by the legislative acts of the Republic of Kazakhstan.

Article 30. Interdepartmental interaction in the field of environmental protection

In order to implement the state environmental policy, state bodies and officials are obliged, within their competence, to assist the authorized body in the field of environmental protection in performance of its functions.

SECTION 3. STATE REGULATION OF ENVIRONMENTAL RELATIONS Article 31. Forms and means of state regulation of environmental relations

State regulation of environmental relations is carried out through the establishment by the state of environmental requirements that are mandatory for the subjects of relations regulated by this Code, and the use of tools of state regulation in the field of environmental protection in accordance with this Code.

Article 32. General provisions on environmental requirements

Environmental requirements are understood as the rules, requirements, restrictions and prohibitions established by the environmental legislation of the Republic of Kazakhstan, which are aimed at ensuring environmental protection.

Article 33. Types of instruments of state regulation in the field of environmental protection

1. Instruments of state regulation in the field of environmental protection are understood as a set of measures, actions and procedures aimed at ensuring compliance with environmental requirements.

2. Instruments of state regulation in the field of environmental protection are:

1) licensing of activities in the field of environmental protection;

2) environmental regulation;

3) technical regulation in the field of environmental protection;

4) environmental assessment;

5) state ecological expertise;

6) environmental permits and environmental impact declarations;

7) monitoring of the environment and natural resources;

8) state environmental control;

9) notification procedure for collection, sorting and (or) transportation of waste;

10) instruments of state regulation in the field of emissions and removals of greenhouse gases.

Article 34. Licensing of activities in the field of environmental protection

1. Types of works and services of individuals and legal entities in the field of environmental protection, subject to licensing, are determined in accordance with the Law of the Republic of Kazakhstan "On permits and notifications".

2. Qualification requirements for a licensed type of activity in the field of environmental protection for their subtypes are approved by the authorized body in the field of environmental protection.

Chapter 5. ENVIRONMENTAL REGULATION Article 35. General provisions

1. Environmental regulation consists in establishing environmental quality standards, environmental quality target indicators and standards for permissible anthropogenic impact on the environment.

2. Environmental regulation is carried out by the state in order to guarantee the preservation of a favorable environment and ensure the environmental safety of state regulation of human activity in order to prevent and (or) reduce its negative impact on the environment and human health.

3. When developing and approving a regulatory legal act or adopting a non- regulatory legal act, the implementation of which results and (or) may result in a negative impact on the environment, the state body is obliged, based on the principle of integration, to take into account the need to achieve environmental quality standards and environmental quality target indicators established for the respective administrative-territorial units.

During the urban planning for development of territories, it is not allowed to place new residential areas within zones in which compliance with environmental quality standards aimed at protecting human health is not ensured.

4. Decisions, actions (inaction) of a state body or official that violate the requirement of paragraph 3 of this article may be challenged in the manner prescribed by the legislation of the Republic of Kazakhstan.

Article 36. Environmental quality standards

1. Environmental quality standards mean a set of quantitative and qualitative characteristics established by the state in relation to the state of individual components of the environment, the achievement and maintenance of which are necessary to ensure a favorable environment.

2. On the basis of environmental quality standards, an assessment of the current state of the environment is carried out and standards for the permissible anthropogenic impact on it are established.

3. Environmental quality standards are developed and established in accordance with this Code separately for each of the following components of the environment:

1) atmospheric air;

2) surface and ground waters;

3) soils and lands.

4. Environmental quality standards include:

1) standards established for chemical indicators of the state of the components of environment;

2) standards established for physical environmental factors;

3) standards established for biological indicators of the state of the components of environment.

5. Environmental quality standards for chemical indicators of the state of the components of environment are established in the form of maximum permissible concentrations of pollutants.

The maximum permissible concentration of a pollutant is understood as the maximum amount (mass) of a pollutant included in the list of pollutants per unit of volume or mass of atmospheric air, surface or ground water, soil or per unit of area of ​​the earth's surface, which (that) during permanent or temporary impact on a person does not affect his health and does not cause adverse hereditary changes in offspring, as well as degradation of environmental objects, does not violate the stability of ecological systems and biodiversity.

Environmental quality standards for chemical indicators of the state of the components of environment are set separately in terms of the impact on human health and the natural environment (ecosystems, flora and fauna).

6. Environmental quality standards for physical environmental factors are established in the form of maximum permissible levels of negative physical impacts on the environment.

The maximum permissible level of negative physical impact is understood as the maximum level of certain types of physical impact (noise, vibration, electric, electromagnetic, magnetic fields, radiation, heat), at which there is no harmful effect on the state of animals, plants, ecological systems and biodiversity.

7. Environmental quality standards for biological indicators of the state of the components of environment are established in relation to individual species and groups of plants, animals and other organisms used as indicators of the quality of the natural environment at the level of their natural indicators or in the form of an interval of permissible deviation from such natural indicators, taking into account the properties of the natural environment and its ability to maintain and restore its quality.

8. Environmental quality standards in terms of impact on the natural environment are established taking into account the natural conditions formed under the influence of natural factors, typical for a particular territory or water area, as well as the purpose of using such territories or water areas, established in accordance with the legislation of the Republic of Kazakhstan.

9. When establishing environmental standards for the quality of waters of transboundary reservoirs and watercourses, the requirements of the relevant international treaties ratified by the Republic of Kazakhstan should be taken into account.

10. The norms and standards in the field of the use of natural resources, which are established in accordance with the legislation of the Republic of Kazakhstan on the use of the relevant type of natural resources, do not apply to environmental standards.

11. In order to preserve and improve specially protected natural areas for these areas, taking into account their special nature protection status, in accordance with this Code, more stringent environmental quality standards may be developed and approved than those established for the entire territory of the Republic of Kazakhstan.

12. Environmental quality standards are developed by the authorized body in the field of environmental protection on the basis of the results of laboratory tests, scientific research and international experience, as well as for specific territories and water areas - on the basis of long-term (at least five years) observations of the state of the environment in such territories and in such water areas.

13. Environmental quality standards are established in terms of indicators, control over compliance with which is ensured by the presence of control and measuring equipment and relevant measurement techniques (methods), methods of indication, testing and (or) control, approved in accordance with the legislation of the Republic of Kazakhstan.

14. Environmental quality standards are developed and established taking into account the values ​​of the natural background of the corresponding component of the natural environment. The natural background of a component of the natural environment is determined on the basis of the results of long-term (at least five years) observations of the state of the environment and sampling and (or) measurements of chemical, biological and physical indicators of the component of the natural environment in reference areas.

15. A territory, water area or part thereof, which are located within a representative specially protected natural area (water area), and in the absence of such a specially protected natural area (water area) - on a territory or in a water area that has similar natural features, and the state of which is characterized by the absence of signs of oppression of the living elements of the natural ecological system (plants, animals and other organisms) is taken as a reference site.

The criteria and procedure for selecting a territory, water area or part thereof as a reference site are determined in the rules for the development and revision of environmental quality standards approved by the authorized body in the field of environmental protection.

16. Environmental quality standards are approved by the authorized body in the field of environmental protection for a period of ten years and are subject to revision after the expiry of the specified period on the basis of updated scientific knowledge about the environment, natural and anthropogenic factors affecting its quality, as well as taking into account the development of methods, techniques and technologies for monitoring and control. Environmental quality standards are also subject to revision no later than the first year after the entry into force of the international obligations of the Republic of Kazakhstan on environmental protection, requiring measures to be taken to introduce more stringent environmental quality standards.

Article 37. Environmental quality target indicators

1. The environmental quality target indicators (hereinafter - the quality target) are understood as a set of quantitative and qualitative characteristics of the state of individual components of the environment and other indicators characterizing the level of provision of measures for environmental protection and efficient waste management, which must be achieved over a certain period of time.

2. Quality targets are set at the level of each region, city of republican significance and the capital.

3. Local executive bodies of regions, cities of republican significance, the capital are obliged to develop quality targets for each five-year period.

4. The developed quality targets are subject to agreement with the authorized body in the field of environmental protection and are approved by local representative bodies of the relevant administrative-territorial units.

5. Quality targets developed and approved for each region should contain relevant indicators both for the region as a whole and for the following territories within the region:

1) districts;

2) settlements with a population exceeding 100,000 people;

3) other settlements within which, according to the results of monitoring the state of the environment, a violation of environmental quality standards was revealed;

4) specially protected natural areas;

5) other territories (water areas), within which, according to the results of monitoring the state of the environment, a violation of environmental quality standards has been revealed.

6. The rules for developing quality targets, including the minimum list of indicators for which quality targets are set, are approved by the authorized body in the field of environmental protection, taking into account the provisions of this Code.

7. The list of minimum indicators for which quality targets are set must include:

1) air quality;

2) quality of surface and ground waters;

3) quality of lands and soils;

4) the total areas of forests and green spaces, taking into account the climate and soil conditions of each individual region;

5) reduction of land degradation and desertification;

6) total emissions by types of pollutants;

7) the total volume of discharges by types of pollutants and for each individual water body and basin;

8) by types of municipal waste - the share of their separate collection, preparation for reuse, processing, recycling and disposal (destruction and (or) dumping);

9) total volumes of reductions of greenhouse gas emissions.

8. For administrative-territorial units, territories (water areas) on (in) which environmental quality standards are not observed, quality targets must be set in such a way as to ensure the gradual achievement of environmental quality standards within a period not exceeding ten years.

9. In the territories of the respective administrative-territorial units where environmental quality standards are observed, quality targets can be set that provide a higher level of environmental quality compared to environmental quality standards, including for indicators that are not included in the list of minimum indicators for which quality targets are set.

Article 38. Standards for permissible anthropogenic impact on environment

1. Standards for permissible anthropogenic impact on the environment - environmental standards that are established for indicators of the impact of anthropogenic activities on the environment.

2. The standards of permissible anthropogenic impact on the environment include:

1) emission standards;

2) technological standards;

3) waste accumulation limits, waste disposal limits;

4) standards for permissible physical impacts on the natural environment;

5) limits on placement of sulfur in open form on sulfur maps;

6) standards for permissible total anthropogenic load on the environment.

3. Compliance with the standards of permissible anthropogenic impact on the environment, with the exception of technological standards, must ensure compliance with environmental quality standards.

4. Emission requirements for various environmental classes of vehicles and internal combustion engines and for the content of pollutants in fuels are established in the technical regulations of the Eurasian Economic Union.

Article 39. Emission standards

1. Emission standards are understood as a set of limiting quantitative and qualitative indicators of emissions established in an environmental permit.

2. The emission standards include:

1) standards for permissible emissions;

2) standards for permissible discharges.

3. Emission standards are established for the types of pollutants included in the list of pollutants in accordance with part three of paragraph 2 of Article 11 of this Code.

4. Emission standards are established for individual stationary sources related to objects of categories I and II, at levels not exceeding:

1) in the case of a mandatory environmental impact assessment - the relevant limit values ​​specified in the conclusion based on the results of the environmental impact assessment in accordance with subparagraph 3) of paragraph 2 of Article 76 of this Code;

2) in the event of a screening of the impacts of the planned activity in accordance with this Code, which resulted in a conclusion that there is no need for a mandatory environmental impact assessment - the corresponding values ​​specified in the application for the planned activity in accordance with subparagraph 9) of paragraph 2 of Article 68 of this Code.

For objects in respect of which an integrated environmental permit is issued, emission standards are set for individual stationary sources belonging to objects of categories I and II, at levels not exceeding the corresponding limit values ​​for emissions of marker pollutants associated with the use of the best available techniques given in the conclusions for the best available techniques.

5. Emission standards for the period of operation of the facility, including when significant changes are made to the activity, are calculated and justified in the form of a separate document – draft emission standards (draft standards of permissible emissions, draft standards of permissible discharges), which is developed in conjunction with the relevant design documentation for the operation of the facility.

Emission standards for the period of construction and installation works and works on reclamation and (or) liquidation are calculated and justified as part of the section "Environmental protection", which is developed in relation to the relevant project documentation.

6. The determination of emission standards is carried out by calculation in accordance with the requirements of this Code according to the methodology approved by the authorized body in the field of environmental protection.

7. The development of draft emission standards is carried out for objects of category I by a person who has a license to perform work and provide services in the field of environmental protection.

8. Emission standards are established for the period of validity of the environmental permit.

9. Volumes of emissions into the environment, the indicators of which exceed the emission standards established by the environmental permit, are recognized as excess.

10. Emissions made during the conduct of the measures to eliminate emergency situations of a natural or man-made nature and their consequences in accordance with the legislation of the Republic of Kazakhstan on civil protection, as well as due to the application of oil spill response methods that comply with the requirements of this Code, are not subject to rationing and are not considered as excess.

11. Emission standards are not established for objects of categories III and IV.

Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 40. Technological standards

1. Technological standards in this Code mean environmental standards established in a comprehensive environmental permit in the form of:

1) the maximum amount (mass) of marker pollutants per unit of volume of emissions;

2) the amount of consumption of electrical and (or) thermal energy, other resources per unit of time or unit of output (goods), work performed, service rendered.

Marker pollutants are understood as the most significant pollutants for emissions of a particular type of production or technological process, which are selected from a group of pollutants typical for such production or technological process and with the help of which it is possible to estimate the values ​​of emissions of all pollutants included in the group.

Marker pollutants, levels of emissions of marker pollutants and levels of consumption of energy and (or) other resources associated with the use of the best available techniques are determined in the conclusions for the best available techniques.

2. Technological standards include:

1) technological emission standards;

2) technological standards for discharges;

3) technological specific standards for water consumption;

4) technological specific standards for consumption of thermal and (or) electrical energy.

3. Technological standards are established in the integrated environmental permit and should not exceed the relevant technological indicators (if any) associated with the use of the best available techniques for specific areas of their application, set in the conclusions for the best available techniques.

4. The rationale for technological standards is provided in the draft technological standards submitted to the authorized body in the field of environmental protection by the operator of the facility along with an application for a receipt of a comprehensive environmental permit.

Article 41. Waste accumulation limits, waste disposal limits

1. In order to ensure the protection of the environment and favorable conditions for human life and (or) health, reduce the amount of waste to be disposed and stimulate their preparation for reuse, processing and disposal, the following are established:

1) waste accumulation limits;

2) waste disposal limits.

2. Waste accumulation limits are established for each specific waste accumulation site, which is part of objects of categories I and II, in the form of a maximum amount (mass) of waste by type, allowed for storage in the corresponding accumulation site, within the period established in accordance with this Code.

3. Waste disposal limits are set for each specific waste landfill, which is part of objects of categories I and II, in the form of a maximum amount (mass) of waste by type, permitted for disposal at the corresponding landfill.

4. Waste accumulation limits and waste disposal limits are set in the environmental permit. The waste disposal limit is set for each calendar year in accordance with the production capacity of the respective landfill.

5. Waste accumulation limits and waste disposal limits are substantiated by the operators of facilities of categories I and II in the waste management program upon receipt of an environmental permit in accordance with this Code.

6. A waste management program for objects of category I is developed by a person who has a license to perform work and provide services in the field of environmental protection.

7. The methodology for calculating waste accumulation limits and waste disposal limits is approved by the authorized body in the field of environmental protection.

8. Waste accumulation limits and waste disposal limits are not set for objects of categories III and IV.

Operators of facilities of category III are required to provide information on waste as part of the environmental impact declaration submitted in accordance with this Code.

Article 42. Standard of permissible physical impact on environment

The standard of permissible physical impact on the environment is understood as an environmental standard, which is established for each source in the form of permissible levels of exposure to heat, noise, vibration, ionizing radiation, electromagnetic field strength and other physical impacts on the components of the natural environment, in which the negative physical impact from such source in combination with all other sources will not lead to exceeding the established maximum permissible levels of physical impacts on the environment.

Article 43. Limits of sulfur placement in open form on sulfur maps

1. In order to reduce the accumulation of sulfur generated during exploration and (or) production of hydrocarbons, and to stimulate its involvement in economic circulation, the limits are set for placement of sulfur in open form on sulfur maps.

2. This article applies to technical gas sulfur in any state of aggregation, formed during the exploration and (or) production of hydrocarbons.

3. Limits for the placement of sulfur in open form on sulfur maps are established for each special site (sulfur map) equipped for open surface storage of sulfur, in the form of a maximum amount (mass) of sulfur allowed (permitted) for loading and other open placement on such a sulfur map.

The storage of sulfur in a closed way in tanks, silos, other tanks and structures (warehouses) that exclude its impact on the environment is not subject to environmental regulation.

4. Limits for the placement of sulfur in open form on sulfur maps are set in an environmental permit for each calendar year.

5. Limits of the placement of sulfur in open form on sulfur maps are substantiated in the draft standards for open sulfur placement on sulfur maps, which is developed on the basis of data on production volumes in accordance with the approved methodology and submitted along with an application for a receipt of an environmental permit.

The methodology for development of draft standards for the placement of sulfur in an open form on sulfur maps is approved by the authorized body in the field of environmental protection.

Article 44. Standards of permissible total anthropogenic load on environment

1. The standards of the permissible total anthropogenic load on the natural environment are understood as environmental standards that are established in accordance with the value of the permissible total impact of all sources of anthropogenic impact on the environment and (or) individual components of the natural environment within specific territories and (or) water areas (or parts thereof) and subject to which the sustainable functioning of natural ecological systems is ensured and biodiversity is preserved.

The standards for the permissible total anthropogenic load on individual components of the natural environment within specific territories and (or) water areas (or parts thereof) are established by the authorized body in the field of environmental protection.

2. The authorized body in the field of environmental protection approves the standards for the permissible total anthropogenic load on the environment as a result of emissions of individual pollutants within the entire territory of the Republic of Kazakhstan, if such obligations are accepted in accordance with international treaties of the Republic of Kazakhstan.

3. The rules for development of standards for the permissible total anthropogenic load are approved by the authorized body in the field of environmental protection.

Chapter 6. TECHNICAL REGULATION AND STANDARDIZATION IN THE FIELD OF ENVIRONMENTAL PROTECTION Article 45. Objects and procedure for confirming compliance in the field of environmental protection

The objects and procedure for confirming compliance in the field of environmental protection are determined by the legislation of the Republic of Kazakhstan in the field of technical regulation.

Article 46. Introduction and application of international standards in the field of environmental protection

1. The introduction and application of international standards in the field of environmental protection are carried out in accordance with the legislation of the Republic of Kazakhstan in the field of standardization, taking into account the requirements of this Code.

2. The authorized body in the field of environmental protection reviews draft documents on standardization within its competence, as well as prepares proposals for the development, amendment, revision and cancellation of national, interstate standards, national classifiers of technical and economic information and recommendations for standardization for submission to the authorized body in the field of standardization.

3. The introduction by individuals and legal entities of international standards of the environmental management system is stimulated by:

1) dissemination of information on international standards of the environmental management system applied in the Republic of Kazakhstan;

2) reduction by the authorized body in the field of environmental protection of the degree of risk within the framework of state environmental control for persons who have introduced international standards of the environmental management system and have a document confirming such introduction;

3) application of economic incentive measures provided for by the laws of the Republic of Kazakhstan for introduction of international standards of the environmental management system.

Article 47. Environmental labeling

1. Environmental labeling means a statement informing about the environmental aspects of products, works or services in the form of a text, sign or graphic image on a product label or packaging, in accompanying documentation, technical description, advertising brochure, public information leaflet or other form.

In this article, environmental aspects refer to elements of an organization's activities, products or services that may have an impact on the environment.

2. Environmental labeling, except for the cases specified in paragraph 3 of this article, is carried out by the manufacturer of products (contractor of works, services) on a voluntary basis after confirmation of compliance by persons accredited in the manner established by the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment.

3. Producers of agricultural products, aquaculture and fisheries products, food products, products from wild plants and products of their processing carry out environmental labeling on a voluntary basis in accordance with the Law of the Republic of Kazakhstan "On production of organic products".

4. The objectives of environmental labeling are:

1) informing consumers about the environmental aspects of the products, works and services they purchase;

2) stimulating an increase in the acquisition and consumption (use) of environmentally friendly products, works and services in order to reduce the negative anthropogenic impact on the environment;

3) prevention or minimization of negative anthropogenic impact on the environment throughout the life cycle of products;

4) promoting exports and increasing the competitiveness of domestic products.

5. Environmental labeling must take into account all aspects of the life cycle of a product, work or service.

Chapter 7. ENVIRONMENTAL ASSESSMENT Paragraph 1. General provisions on environmental assessment Article 48. The concept of environmental assessment

1. Environmental assessment means the process of identifying, studying, describing and evaluating possible direct and indirect significant impacts of the implementation of the planned and ongoing activities or a document being developed on the environment.

2. The purpose of the environmental assessment is the preparation of materials necessary for making decisions that meet the goals and objectives of the environmental legislation of the Republic of Kazakhstan on the implementation of the planned activity or the document being developed.

3. Environmental assessment by its types is organized and carried out in accordance with this Code and the instruction approved by the authorized body in the field of environmental protection (hereinafter referred to as the instruction for organizing and conducting of an environmental assessment).

Article 49. Types of environmental assessment

1. Environmental assessment, depending on the subject of assessment, is carried out in the form of:

1) strategic environmental assessment;

2) environmental impact assessments;

3) transboundary impact assessments;

4) environmental assessment according to the simplified procedure.

2. Strategic environmental assessment and (or) environmental impact assessment include the assessment of transboundary impacts on environment in the cases provided for by this Code.

3. An environmental assessment according to a simplified procedure is carried out for planned and ongoing activities that are not subject to mandatory environmental impact assessment in accordance with this Code, during:

1) development of draft emission standards for objects of categories I and II;

2) development of the section "Environmental protection" as part of the design documentation for the planned activity and in the preparation of the declaration on the impact on the environment.

The requirements and procedure for conducting an environmental assessment in a simplified manner are determined by the instructions for organizing and conducting of an environmental assessment.

Article 50. Principles of environmental assessment

In addition to the general principles set out in Article 5 of this Code, environmental assessment is carried out in compliance with the following special principles:

1) the principle of potential environmental hazard: an environmental assessment is carried out based on the assumption that the implementation of the planned activity or the document being developed may cause negative environmental impacts, and the need to study such potential impacts, their significance and likelihood of occurrence in order to determine the necessary measures to prevent, minimize or mitigate them;

2) the principle of a preventive function: the use of environmental assessment to form environmentally sound decisions at the earliest stages of planning of the planned activity or developing a document;

3) the principle of alternativeness: the assessment of impacts should be based on the mandatory consideration of several alternative options for implementation of the planned activity or the document being developed, including the option of refusing to implement them (“zero” option);

4) the principle of long-term forecasting: environmental assessment should take into account the impact of the implementation of the planned activity or the document being developed, taking into account the objectively forecast socio-economic development and environmental quality in the long term;

5) the principle of complexity: consideration within the framework of an environmental assessment in the interrelation of all environmental, technological, technical, organizational, industrial, social and economic aspects of the implementation of the planned activity or the document being developed;

6) the principle of compatibility: the implementation of the planned activity or the document being developed should not lead to a deterioration in the quality of life of the local population and the conditions for the implementation of other types of activities, including in the areas of agriculture, water and forestry;

7) the principle of flexibility: the types of environmental impacts to be considered in the framework of an environmental assessment, as well as the scale, depth and directions of the necessary studies are determined individually in each case, depending on the specific nature of the planned activity or document being developed, including by determining the scope in accordance with this Code.

Paragraph 2. Strategic environmental assessment Article 51. General provisions on strategic environmental assessment

1. Strategic environmental assessment means the process of identifying, studying, describing and evaluating, on the basis of relevant studies of the possible significant impacts of the implementation of state programs in the sectors listed in paragraph 3 of Article 52 of this Code, territorial development programs and master plans for settlements (hereinafter for the purposes of this chapter of the Code – the Documents) on the environment, which includes the stages provided for in Article 53 of this Code.

2. Strategic environmental assessment is carried out throughout the entire process of developing the Document and should be initiated at the initial stage of its development, which allows timely identification and study of all significant negative environmental impacts that may be caused by the implementation of such a Document, and taking into account, during further development and approval of the Document, of all necessary measures to prevent or, if complete prevention is not possible, to minimize such impacts.

3. Approval, implementation of the Document and financing of the measures envisaged by it without carrying out a strategic environmental assessment, if the obligation to conduct it is provided for by this Code or determined as a result of the screening of the impacts of the Documents, is prohibited.

4. The results of the strategic environmental assessment of the higher level Documents must be taken into account when conducting the strategic environmental assessment of the lower level Documents.

5. The results of the strategic environmental assessment of the Documents developed at lower levels should be taken into account when conducting a strategic environmental assessment of the Documents developed at higher levels.

6. Strategic environmental assessment, as well as screening of the impacts of the Documents is carried out in accordance with this Code and instructions for organizing and conducting of an environmental assessment.

Article 52. Subject of strategic environmental assessment

1. The subject of the strategic environmental assessment is the draft Documents, the implementation of which may have a significant impact on the environment, as well as changes and (or) additions to the existing Documents, the implementation of which may have a significant impact on the environment.

2. In the event of changes and (or) additions to the current Document, the implementation of which may have a significant impact on the environment, such a current Document is subject to strategic environmental assessment together with a draft that provides for the introduction of changes and (or) additions to it.

3. The Documents aimed at the development of agriculture, forestry, fisheries, energy, industry (including exploration and mining), transport, waste management, water management, telecommunications, tourism, planning the development of urban and rural areas, use and protection of land, except for the cases provided for in paragraphs 5 and 6 of this article, are subject to mandatory strategic environmental assessment.

4. Draft Documents that are not subject to paragraph 3 of this article are subject to mandatory strategic environmental assessment if they provide for provisions that are or may become conditions for issuing permits or receiving notifications in the manner prescribed by the Law of the Republic of Kazakhstan "On permits and notifications" , in relation to activities that have an impact on the environment, and if the need for a strategic environmental assessment is established based on the results of the screening of the impacts of the Documents, carried out in accordance with Article 55 of this Code.

The provisions of part one of this paragraph are not applied to the documents referred to in paragraph 6 of this article.

5. Strategic environmental assessment is not carried out when changes and (or) additions are made to the Documents listed in paragraph 3 of this article, if the absence of the need for a strategic environmental assessment of such changes and (or) additions is established based on the results of screening of the impacts of the Documents.

6. The following do not require a mandatory strategic environmental assessment:

1) documents in the financial and budgetary areas;

2) documents, the sole purpose of which is to ensure defense, national security, measures for civil protection, prevention and elimination of emergency situations.

Article 53. Stages of strategic environmental assessment

Strategic environmental assessment consists of the following stages:

1) determining the need for a strategic environmental assessment based on the criteria established by this Code, including in cases provided for by this Code, based on the results of screening the impacts of the Document;

2) defining the scope of the strategic environmental assessment report;

3) preparation of a strategic environmental assessment report;

4) assessment of the quality of the strategic environmental assessment report;

5) consideration of the draft Document prior to its approval for compliance with the strategic environmental assessment report;

6) monitoring of significant impacts of the Document on the environment.

Article 54. Subjects responsible for the conduct of strategic environmental assessment

1. Responsibility for ensuring the conduct of a strategic environmental assessment lies with the state body - developer of the Document.

2. The state body - developer of the Documents, in accordance with the requirements of the environmental legislation of the Republic of Kazakhstan, participates in ensuring the public's right to access environmental information and the right of the public concerned to participate in decision-making on issues related to the environment, at all stages of the development and approval of the Document.

3. The preparation of a report on a strategic environmental assessment, the performance of other works and the provision of other services in the process of conducting a strategic environmental assessment are provided by the state body - developer independently and (or) with the involvement of external experts in the manner established by the legislation of the Republic of Kazakhstan on public procurement.

Article 55. Screening of impacts of the Documents

1. Screening of impacts of the Documents is a process of identifying potential significant impacts on the environment during the implementation of the Documents, carried out in order to determine, based on the criteria established by paragraph 3 of this article, the need or lack of need for a strategic environmental assessment.

2. The screening of the effects of the Documents is mandatory for all Documents subject to paragraph 4 or 5 of Article 52 of this Code.

3. The screening of impacts of the Document is based on the following criteria:

1) the relevance of the Document in terms of the need to take into account the risks associated with the impact on the environment and ensure that the Document complies with the goals of promoting sustainable development;

2) opportunity for implementation of the types of activities established by the Document, taking into account the place, type, scale, conditions of activity, the availability of natural resources and conditions for their use;

3) the degree of impact of such a Document on the implementation of other Documents;

4) environmental risks in the implementation of the Document, including in terms of impact on public health;

5) the relevance of the Document in terms of fulfilling the requirements of the legislation of the Republic of Kazakhstan and its international obligations in the field of environmental protection;

6) features of the environmental consequences of the implementation of the Document, such as the likelihood, duration, frequency and reversibility of consequences, the cumulative nature of the consequences, the magnitude and spatial extent of the impact (geographical area and the number of affected population);

7) the transboundary nature of the consequences in the implementation of the Document;

8) the degree and nature of the possible consequences of the implementation of the Document for specially protected natural areas, objects of the state natural reserve fund, elements of the ecological network associated with the system of specially protected natural areas, natural habitats of rare and endangered species of animals and plants, objects of historical cultural heritage, lands of health-improving, recreational and historical and cultural purposes;

9) the need to assess the possible environmental consequences of the implementation of the Document, in respect of which the strategic environmental assessment was not previously carried out or was carried out, but did not provide sufficient study of all possible environmental consequences of the implementation of the Document;

10) the nature of the proposed changes to the Document, in respect of which a strategic environmental assessment has previously been carried out.

4. Conducting screening of the impacts of the Documents is organized by the state body - developer of the Document at the initial stage of the development of the Document.

5. Screening of the impacts of the Documents is carried out by the authorized body in the field of environmental protection, taking into account:

1) comments and proposals received from the public concerned and interested state bodies in the manner established by Articles 59 and 60 of this Code, and in accordance with the instructions for organizing and conducting of an environmental assessment;

2) the need to conduct an assessment of transboundary impacts in the presence of the grounds provided for in subparagraph 2) of paragraph 1 of Article 80 of this Code.

6. To initiate the screening of the impacts of the Document, the state body that developed the Document sends the following documents to the authorized body in the field of environmental protection:

1) draft Document, including information on the main directions and terms of its implementation;

2) description of the territory where the implementation of the Document is planned;

3) a general description of the potential impact on the environment, life and (or) human health during the implementation of the Document.

7. Within two working days after receiving the documents specified in paragraph 6 of this article, the authorized body in the field of environmental protection places them on the official Internet resource and reports to all state bodies that the authorized body in the field of environmental protection has determined as those interested in accordance with Article 59 of this Code, and the state body-developer informs the interested public about it in the same period by the methods provided for in paragraph 5 of Article 60 of this Code.

8. The authorized body in the field of environmental protection considers the received documents on the basis of the criteria defined in paragraph 3 of this article, and taking into account the comments and suggestions received from interested state bodies and the public, prepares a conclusion on the need or lack of need for a strategic environmental assessment (hereinafter – conclusion on the results of the screening of impacts of the Document).

If the authorized body in the field of environmental protection concludes that the possible environmental consequences of the implementation of the Document are insignificant, the conclusion on the results of the screening of the impacts of the Document indicates the conclusion that there is no need to conduct a strategic environmental assessment of such a Document.

If the authorized body in the field of environmental protection comes to the conclusion about possible significant environmental consequences of the implementation of the Document, the conclusion on the results of the screening of the impacts of the Document indicates the conclusion that it is necessary to conduct a strategic environmental assessment of such a Document.

9. Not later than the period specified in paragraph 10 of this article, the authorized body in the field of environmental protection sends a conclusion on the results of screening of the impacts of the Document to the state body - developer and places a copy of such conclusion on the official Internet resource.

10. The term for screening of the impacts of the Document is fifteen working days from the date of receipt by the authorized body in the field of environmental protection of the documents referred to in paragraph 6 of this article.

Article 56. Determining the scope of the strategic environmental assessment report

1. In determining the scope of the strategic environmental assessment report, the scope and level of detail of information to be included in the strategic environmental assessment report are established based on the nature and content of the Document.

The scoping of a strategic environmental assessment report is carried out in order to:

1) determine the scale of potential impacts on the environment, human life and (or) health during the implementation of the Document;

2) identify the justified and practically applicable alternative solutions that can be included in the Document, including solutions that are the best in terms of environmental protection;

3) inform the public about the planned Document, possible alternative solutions that may be included in it, and the expected results of its implementation;

4) identify the public concerned in relation to a particular Document;

5) provide the state body - developer with the information necessary to justify the costs of preparing a strategic environmental assessment report;

6) determine the range of initial data and other information, which is necessary to obtain during the strategic environmental assessment;

7) identify significant impacts of the planned Document on specially protected natural territories, other territories and objects subject to protection in accordance with the legislation of the Republic of Kazakhstan and (or) international treaties of the Republic of Kazakhstan and having local, national or international significance;

8) determine the likelihood of transboundary impacts on the environment during the implementation of the planned Document;

9) define goals in the field of environmental protection, including those related to ensuring a favorable environment for human life and health, related to the Document and established at the international, national and (or) local levels.

2. Determination of the scope of a strategic environmental assessment report is carried out by the authorized body in the field of environmental protection, taking into account the comments and suggestions received from interested state bodies and the public in accordance with Articles 59 and 60 of this Code.

3. The procedure for determining the scope of the strategic environmental assessment report is established by the instructions for organizing and conducting of an environmental assessment.

4. The results of determining the scope of a strategic environmental assessment report are drawn up by the authorized body in the field of environmental protection in the form of a conclusion (hereinafter - the conclusion on determining the scope of a strategic environmental assessment report).

Article 57. Strategic environmental assessment report

1. The strategic environmental assessment report identifies, describes and evaluates the likely significant environmental impacts of the implementation of the Document, as well as reasonable alternatives to the solutions proposed therein, taking into account the objectives and geographical scope of the Document.

2. The content of the strategic environmental assessment report should be consistent with the conclusion on the scoping of the strategic environmental assessment report.

3. The strategic environmental assessment report must contain the information specified in paragraph 4 of this article, corresponding to the level of modern knowledge and assessment methods, the content and level of detail of the Document.

4. The strategic environmental assessment report should include:

1) a summary of the content, main objectives of the Document and its relationship with other Documents;

2) assessment of the current quality of the environment and its likely change in case of refusal to accept the Document;

3) assessment of the quality of the environment in the territories that may be significantly affected by the implementation of the Document;

4) existing environmental problems, the risk of their aggravation or the emergence of new environmental problems during the implementation of the Document, including in terms of the impact of the quality of environment on public health and impacts on specially protected natural areas;

5) goals in the field of environmental protection, including those related to ensuring a favorable environment for human life and health, relevant to the Document, established at the international, national and (or) local levels, as well as the procedure for accounting for these goals and other issues related to environmental protection during the development of the Document;

6) a description of the likely significant environmental consequences of the implementation of the Document, including side, cumulative, short-term, medium-term and long-term, permanent and temporary, positive and negative consequences;

7) measures to prevent, reduce, compensate for any significant negative impacts on the environment during the implementation of the Document;

8) justification for the choice of decisions made in the Document from among the alternative options that were considered during the strategic environmental assessment, and a description of the assessment process, including any difficulties associated with the lack of necessary methodologies or gaps in knowledge, lack of information or technical means in the assessment process;

9) a program for monitoring significant impacts on the environment during the implementation of the Document, including a description of specific measures for its implementation;

10) description of probable transboundary impacts on the environment during the implementation of the Document (if any), comments and suggestions of interested state bodies and the public, including those received during the assessment of transboundary impacts;

11) a summary of the strategic environmental assessment report, including brief and generalized conclusions on subparagraphs 1) - 10) of this paragraph and presented in a form understandable to the public.

5. The state body - developer, within the framework of the development of the Document, ensures the preparation of a strategic environmental assessment report, including, if necessary, with the involvement of external experts in the manner prescribed by the legislation of the Republic of Kazakhstan on public procurement.

6. The state body - developer is obliged to submit a strategic environmental assessment report for quality assessment to the authorized body in the field of environmental protection. The term for development of a strategic environmental assessment report is determined by the state body - developer independently, provided that such a period should provide an opportunity to complete the strategic environmental assessment before the Document is approved and the results of the strategic environmental assessment are taken into account in it.

7. Within two working days after the receipt from the state body - developer of the strategic environmental assessment report, the authorized body in the field of environmental protection places it on the official Internet resource and informs all state bodies that the authorized body in the field of environmental protection has determined as interested in accordance with Article 59 of this Code, and the state body-developer informs the interested public about it in the same period by the methods provided for in paragraph 5 of Article 60 of this Code.

8. The authorized body in the field of environmental protection accepts comments and proposals from interested state bodies and the public within thirty calendar days from the date of posting the strategic environmental assessment report on the official Internet resource.

9. The authorized body in the field of environmental protection considers the strategic environmental assessment report received from the state body - developer for its quality and compliance with the conclusion on determining the scope of the strategic environmental assessment report, taking into account the comments and suggestions received from interested state bodies and the public.

10. Based on the results of the assessment of the quality of the strategic environmental assessment report, the authorized body in the field of environmental protection, within five working days after the expiration of the period specified in paragraph 8 of this article, issues a conclusion on satisfactory or unsatisfactory quality of the strategic environmental assessment report.

If the quality of the strategic environmental assessment report is recognized as unsatisfactory, the conclusion of the authorized body in the field of environmental protection must indicate the aspects of the report that are recognized as unsatisfactory, including with reference to the comments and suggestions received from interested state bodies and the public, as well as recommendations on measures, which must be adopted when finalizing the strategic environmental assessment report in order to recognize its quality as satisfactory.

If the strategic environmental assessment report is recognized as unsatisfactory, the state body-developer finalizes it and, if necessary, the draft Document and submits them to the authorized body in the field of environmental protection for a re-assessment of the quality in the manner prescribed by this article.

Approval of a Document subject to strategic environmental assessment in accordance with this Code is allowed only if there is a strategic environmental assessment report, the quality of which is recognized as satisfactory based on the conclusion of the authorized body in the field of environmental protection.

11. Within two working days after receiving the conclusion of the authorized body in the field of environmental protection on the quality of the strategic environmental assessment report, the state body-developer places a copy of such conclusion on the official Internet resource and informs the public about it in the ways provided for in paragraph 5 of Article 60 of this Code.

Article 58. Consideration of the Document for compliance with strategic environmental assessment report

1. The state body - developer, after recognizing the strategic environmental assessment report as satisfactory in accordance with paragraph 10 of Article 57 of this Code, if necessary, finalizes the Document, taking into account the conclusions of the strategic environmental assessment report.

2. After the completion of the Document in accordance with paragraph 1 of this article, the state body - developer submits the draft Document for public hearings.

Public hearings are held in accordance with the rules for holding public hearings approved by the authorized body in the field of environmental protection.

Article 59. Consultations with interested state bodies as part of strategic environmental assessment

1. Interested state bodies include state bodies, local executive bodies, the functions of which may be affected during the implementation of the Document.

2. The list of interested state bodies in each specific case is determined by the authorized body in the field of environmental protection. At the same time, the authorized body in the field of healthcare, as well as local executive bodies of administrative-territorial units, within the territories of which the Document is supposed to be implemented, is included in the number of interested state bodies without fail.

3. For certain types of Documents, the list of state bodies, local executive bodies subject to mandatory classification as interested state bodies may be established by regulatory legal acts regulating the procedure for development and approval of such Documents.

4. Consultations with interested state bodies represent the process of receiving, considering and taking into account the comments and proposals of interested state bodies when:

1) screening the impacts of the Document;

2) defining the scope of the strategic environmental assessment report;

3) determining the quality of the strategic environmental assessment report;

4) consideration of the draft Document prior to its approval for compliance with the strategic environmental assessment report, the quality of which is recognized as satisfactory in accordance with paragraph 10 of Article 57 of this Code.

5. Consultations with interested state bodies are carried out in accordance with this article and the instructions for organizing and conducting of an environmental assessment.

6. The authorized body in the field of environmental protection is obliged to consider all the comments and suggestions of interested state bodies received by it in the course of screening of the impacts of the Document, determining the scope of the strategic environmental assessment report and determining the quality of the strategic environmental assessment report, if such comments and suggestions are submitted within the relevant time limits established by the instruction for organizing and conducting of an environmental assessment.

State bodies, local executive bodies, referred in accordance with this article to the number of interested state bodies, are obliged to submit their comments and suggestions or a letter of their absence in accordance with the requirements of this Code and instructions for organizing and conducting of an environmental assessment.

7. Based on the results of consultations with interested state bodies, held in accordance with this article, the authorized body in the field of environmental protection draws up a protocol of consultations with interested state bodies, which reflects all the comments and proposals received from them.

The authorized body in the field of environmental protection is obliged to provide interested state bodies with information on how their comments and suggestions were taken into account at the relevant stages of the strategic environmental assessment, as well as the reasons why certain comments and suggestions were not taken into account.

8. Protocols of consultations with interested state bodies are brought to the attention of the public in the ways provided for in paragraph 5 of Article 60 of this Code.

Article 60. Participation of the public concerned in strategic environmental assessment

1. The public concerned has the right to express comments or suggestions regarding:

1) draft Document - at any stage of the strategic environmental assessment;

2) the need or lack of need for a strategic environmental assessment - at the stage provided for in Article 55 of this Code;

3) the scope of the strategic environmental assessment report - at the stage provided for in Article 56 of this Code;

4) the quality of the strategic environmental assessment report - at the stage provided for in Article 57 of this Code;

5) programs for monitoring the significant impacts of the Document on the environment - at the stage provided for in Article 63 of this Code.

2. The state body - developer is obliged to ensure the possibility of participation of the public concerned at all stages of the strategic environmental assessment in accordance with the requirements of this Code and the instructions for organizing and conducting of an environmental assessment, starting from the initial stage of developing the Documents, where a choice of solutions from among the available alternatives is possible.

3. The state body-developer ensures the participation of the public concerned in the strategic environmental assessment by:

1) determining the public concerned;

2) setting reasonable deadlines that provide the public concerned with the opportunity to make comments and suggestions in a timely manner and with due efficiency at all stages of the strategic environmental assessment;

3) informing the public concerned in the cases provided for by this Code, by the methods provided for in paragraph 5 of this article;

4) provision of information to the public concerned on the basis of its requests;

5) informing the public concerned about the possibility of its participation in consultations in cases of transboundary impact assessment;

6) taking into account its comments and suggestions in the process of conducting a strategic environmental assessment.

4. The criteria for determining the public concerned are determined by the instructions for organizing and conducting of an environmental assessment.

5. Mandatory means of informing the public in the process of strategic environmental assessment include:

1) posting information on the official Internet resource of the state body - developer;

2) placement of information on the official Internet resource of the authorized body in the field of environmental protection;

3) in relation to the information specified in subparagraphs 1), 2), 3) and 11) of paragraph 6 of this article - placement of information in at least one mass media (in a print periodical, through a TV channel or radio channel) distributed on the entire territory affected by the implementation of the Document, as well as on paper in places publicly accessible to the public (on bulletin boards of the authorized body in the field of environmental protection and its territorial divisions, local executive bodies and in places specially designed for posting announcements);

4) sending letters to legal entities in charge of specially protected natural areas, if they may be affected as a result of the implementation of the Document.

6. Information to be provided to the public concerned in the process of conducting a strategic environmental assessment in the manner prescribed by the instructions for organizing and conducting of an environmental assessment includes:

1) information on the beginning of the development of the Document, its name, main directions and terms of implementation;

2) the name and location of the state body (official) responsible for receiving and taking into account comments and suggestions from the public concerned;

3) the timing, place and method of receiving comments and suggestions from the public concerned at various stages of the strategic environmental assessment;

4) draft Documents prior to their approval;

5) conclusions about the results of screening of the impacts of the Document;

6) statements and conclusions on the definition of the scope of strategic environmental assessment reports;

7) strategic environmental assessment reports;

8) protocols of consultations with interested state bodies conducted in the course of screening of the impacts of the Document, determining the scope of the strategic environmental assessment report, as well as assessing the quality of the strategic environmental assessment report and the draft Document;

9) reports on monitoring significant impacts on the environment during the implementation of the Documents;

10) announcements about holding public hearings;

11) protocols of public hearings on draft Documents and strategic environmental assessment reports;

12) certificates, including a summary of the comments and proposals of the public concerned, received during public hearings;

13) information on the assessment of transboundary impacts carried out as part of the strategic environmental assessment;

14) conclusions on the quality of strategic environmental assessment reports;

15) approved Documents;

16) other documents and information provided to the authorized body in the field of environmental protection in connection with the strategic environmental assessment.

7. Information on strategic environmental assessment, specified in subparagraphs 5) - 16) of paragraph 6 of this article, must be submitted by the state body - developer to the state environmental information fund.

Article 61. Assessment of transboundary impacts carried out in the course of a strategic environmental assessment

1. If there are grounds provided for by subparagraph 2) of paragraph 1 of Article 80 of this Code, in the course of a strategic environmental assessment, an assessment of transboundary impacts is carried out.

2. Assessment of transboundary impacts is carried out in accordance with paragraph 4 of this chapter and international treaties of the Republic of Kazakhstan.

Article 62. Features of Documents subject to strategic environmental assessment

A document subject to a strategic environmental assessment should take into account the data of the strategic environmental assessment report, comments and suggestions of interested state bodies and the public, including the results of public hearings, and in cases of transboundary impact assessment, the results of such an assessment.

Article 63. Monitoring of significant impacts of the Documents on environment

1. The state body - developer is responsible for ensuring that the monitoring of the significant impacts of the Document on the environment is carried out in accordance with the monitoring program, which is part of the strategic environmental assessment report.

2. The objectives of monitoring of the significant impacts of the Documents on the environment are:

1) timely detection of significant adverse impacts of the Document on the environment that were not previously taken into account, and ensuring the possibility of taking appropriate measures to prevent and eliminate them;

2) assessment of the level of achievement of favorable impacts on the environmental stated in the Document;

3) ensuring compliance of the Document with the objectives of the environmental legislation of the Republic of Kazakhstan, including those related to the impact of the quality of environment on human life and health, established at the international, national and local levels and related to this Document.

3. The procedure for monitoring significant impacts on the environment as a result of the implementation of the Documents is established by the instructions for organizing and conducting of an environmental assessment.

4. The state body - developer of the Document, on an annual basis within the period established in the monitoring program, ensures the preparation of a report on monitoring significant impacts on environment during the implementation of the Documents and submits it to the authorized body in the field of environmental protection, and also informs the public concerned about the results of such monitoring in accordance with paragraph 5 of Article 60 of this Code and the instructions for organizing and conducting of an environmental assessment.

Paragraph 3. Environmental impact assessment Article 64. Environmental impact assessment

1. Environmental impact assessment means the process of identifying, studying, describing and evaluating, on the basis of relevant studies, possible significant impacts on environment in the course of the implementation of the planned activity, which includes the stages provided for in Article 67 of this Code.

2. The planned activity in this Code is understood as the planned activity of individuals and legal entities related to the construction and further operation of production and other facilities, with other kinds of interference with the environment, including through subsoil use operations, as well as introducing significant changes into such activity.

Article 65. Mandatory nature of environmental impact assessment

1. Environmental impact assessment is mandatory:

1) for the types of activities and facilities listed in section 1 of Appendix 1 to this Code, taking into account the quantitative threshold values ​​specified therein (if any);

2) for the types of activities and facilities listed in section 2 of Appendix 1 to this Code, taking into account the quantitative threshold values ​​specified therein (if any), if the obligation to conduct an environmental impact assessment in relation to such activities or such facilities is established in the conclusion on results of screening of the impacts of the planned activity;

3) when making significant changes to the types of activities and (or) the activities of the facilities specified in subparagraphs 1) and 2) of this paragraph, in respect of which an environmental impact assessment was previously carried out;

4) when making significant changes to the types of activities and (or) the activities of the facilities listed in section 2 of Appendix 1 to this Code, in respect of which a conclusion was previously issued on the results of screening of the impacts of the planned activity with the conclusion that there is no need to conduct an environmental impact assessment, in cases where the obligation to conduct an environmental impact assessment of such significant changes is established in the conclusion on the results of the screening of the impacts of the planned activity.

2. For the purposes of conduct of an environmental impact assessment or screening of the impacts of a planned activity, significant changes in an activity are understood any changes that result in:

1) the growth of the volume or capacity of production;

2) the growth of the amount and (or) the change of the type of natural resources, fuel and (or) raw materials used in the activity;

3) the growth of the area of ​​disturbed lands or lands are subject to disturbance that were not previously taken into account when assessing the impact on the environment or screening of the impacts of the planned activity;

4) the technology, the management of the production process are changed in another way, as a result of which the quantitative and qualitative indicators of emissions may deteriorate, the area of ​​influence of such emissions may change and (or) the amount of waste generated may increase.

3. Environmental impact assessment is not mandatory for the types and objects of activities not specified in paragraph 1 of this article, and may be carried out on a voluntary basis at the discretion of the initiators of such activities or operators of facilities.

4. The planned activity or its part, as well as the introduction of changes into it, including significant ones are not subject to mandatory environmental impact assessment, if its implementation or introduction of appropriate changes into it is necessary in connection with the prevention, liquidation or elimination of the consequences of an emergency or emergency situations, the introduction of martial law or in connection with emergency measures to ensure the defense or national security of the Republic of Kazakhstan.

5. It is prohibited to carry out the planned activity, including the issuance of an environmental permit for the implementation of the planned activity, without a preliminary environmental impact assessment, if such an assessment is mandatory for the planned activity in accordance with the requirements of this Code.

Based on the conclusion on determining the scope of the environmental impact assessment, prepared by the authorized body in the field of environmental protection in accordance with Article 71 of this Code, the initiator of the planned activity has the right, in the manner established by the land legislation of the Republic of Kazakhstan, to apply for the reservation of a land plot (land plots ) for the implementation of the planned activities for the period of the mandatory environmental impact assessment.

In cases where the planned activity involves the use of land plots that are in private ownership or land use by third parties, the relationship of the initiator with such persons is regulated by the civil legislation of the Republic of Kazakhstan.

Article 66. Types and objects of impacts to be taken into account when assessing the impact on environment

1. In the process of environmental impact assessment, the following types of impacts should be taken into account:

1) direct impacts - impacts that can be directly made by the main and accompanying types of the planned activity;

2) indirect impacts - impacts on the environment and public health caused by indirect (secondary) factors that may arise as a result of the implementation of the planned activity;

3) cumulative impacts - impacts that may arise as a result of constantly increasing negative changes in the environment, caused in the aggregate by previous and existing impacts of an anthropogenic or natural nature, as well as reasonably foreseeable future impacts accompanying the implementation of the planned activities.

2. In the process of assessing the impact on the environment, an assessment of the impact on the following objects is carried out, including in their relationship and interaction:

1) atmospheric air;

2) surface and ground waters;

3) surface of the bottom of reservoirs;

4) landscapes;

5) land and soil cover;

6) flora;

7) wildlife;

8) state of ecological systems and ecosystem services;

9) biodiversity;

10) the state of health and living conditions of the population;

11) objects of special ecological, scientific, historical, cultural and recreational value.

3. In cases where the planned activity may have an impact on specially protected natural areas, in the process of assessing the impact on the environment, an assessment of the impact on the relevant natural complexes, including the lands of specially protected natural areas, as well as those located on these lands and lands of other categories of objects of the state natural reserve fund, is also carried out.

4. When conducting an environmental impact assessment, other environmental impacts that may be caused by the occurrence of emergency situations of an anthropogenic and natural nature, emergency environmental pollution are also subject to assessment, possible measures and methods are determined to prevent and reduce the harmful impact of the planned activity on the environment, as well as the required volume of industrial environmental monitoring.

5. In the process of conducting an environmental impact assessment, negative and positive effects of the impact on the environment and public health should be taken into account.

6. In the process of an environmental impact assessment, the impact caused by greenhouse gas emissions is not taken into account.

Article 67. Stages of environmental impact assessment

Environmental impact assessment includes the following stages:

1) consideration of the application for the planned activity in order to determine its compliance with the requirements of this Code, as well as in the cases provided for by this Code, screening of the impacts of the planned activity;

2) defining the scope of the environmental impact assessment;

3) preparation of a report on possible impacts;

4) assessment of the quality of the report on possible impacts;

5) issuance of a conclusion based on the results of the environmental impact assessment and its accounting;

6) post-project analysis of the actual impacts during the implementation of the planned activity, if the need for its implementation is determined in accordance with this Code.

Article 68. Application for the planned activity

1. A person intending to carry out activities for which this Code provides for a mandatory environmental impact assessment or mandatory screening of the impacts of the planned activity is obliged to submit an application for the planned activity to the authorized body in the field of environmental protection, after which this person is recognized respectively as the initiator of the assessment of the impact on the environment or screening of the impacts of the planned activity (hereinafter referred to as the initiator).

2. An application for the planned activity is submitted in electronic form and must contain the following information:

1) for an individual: last name, first name, patronymic (if it is indicated in an identity document), address of residence, individual identification number, telephone number, e-mail address;

2) for a legal entity: name, location address, business identification number, information about the first manager, phone number, e-mail address;

3) a general description of the types of planned activities and their classification in accordance with Appendix 1 to this Code or a description of significant changes made to such types of activities in accordance with paragraph 2 of Article 65 of this Code;

4) information about the proposed location for the planned activity, the rationale for choosing a location and the possibilities for choosing other locations;

5) general expected technical characteristics of the planned activity, including the capacity (productivity) of the facility, its estimated size, product characteristics;

6) a brief description of the proposed technical and technological solutions for the planned activity;

7) estimated dates for the start of the implementation of the planned activities and its completion;

8) description of the types of resources necessary for the implementation of activities, including water resources, land resources, soil, minerals, vegetation, raw materials, energy, indicating their expected quantitative and qualitative characteristics;

9) a description of the expected types, volumes and qualitative characteristics of emissions into the environment and waste that may be generated as a result of the planned activity;

10) a list of permits, the availability of which is expected to be required for the implementation of the planned activity, and state bodies whose competence includes issuing such permits;

11) description of possible alternatives to achieve the goals of the specified planned activity and options for its implementation (including the use of alternative technical and technological solutions and the location of the facility);

12) a description of the possible forms of negative and positive impacts on the environment as a result of the implementation of the planned activity, their nature and expected scale, taking into account their probability, duration, frequency and reversibility;

13) description of possible forms of transboundary impacts on the environment, their nature and expected scale, taking into account their probability, duration, frequency and reversibility;

14) a brief description of the current state of the environmental components in the territory and (or) in the water area, within which the planned activity is supposed to be carried out, as well as the results of baseline studies, if any, from the initiator;

15) the proposed measures to prevent, eliminate and reduce possible forms of adverse impact on the environment, as well as to eliminate its consequences.

3. For the purposes of submitting an application for a planned activity, screening of the impacts of a planned activity or assessing the environmental impact, the initiator does not need to have rights in relation to the land plot necessary for the implementation of the planned activity.

4. Excluded by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (it is put into effect after sixty calendar days after the day of its first official publication).

5. Within two working days after receiving an application for the planned activity, the authorized body in the field of environmental protection checks it for the presence of the information specified in paragraph 2 of this article, and:

1) if the application for the planned activity lacks one or more details required in accordance with paragraph 2 of this article, informs the initiator of the need to eliminate the deficiencies and re-submit the application for the planned activity;

2) if the initiator submits an application on the planned activity containing all the necessary information in accordance with paragraph 2 of this article, places the application on the planned activity on the official Internet resource and sends a copy of it to the relevant interested state bodies.

In this paragraph, the interested state bodies are understood as the departments of the authorized body in the field of environmental protection, the authorized body in the field of health care, state bodies whose competence includes the regulation of one or more types of activities that are part of the planned activity, issuing permits or receiving notifications for such types of activities, as well as local executive bodies of administrative-territorial units, which are wholly or partially located within the affected territory.

The affected area in this paragraph means the area within which the environment and the population may be subject to significant impacts of the planned activity.

6. Local executive bodies of the relevant administrative-territorial units, within two working days after receiving from the authorized body in the field of environmental protection, of a copy of the application for planned activities, place it on official Internet resources.

7. The statement on the planned activity, after posting it on the Internet resources of the authorized body in the field of environmental protection and local executive bodies of the relevant administrative-territorial units, must remain continuously available to the public on such Internet resources until the deadline for receiving comments and suggestions specified in part two of paragraph 9 of this Article.

An application for the planned activity posted on the Internet resource must be accompanied by an official notice to the public about the acceptance of comments and proposals regarding the application for the planned activity, indicating the type of the planned activity, postal address and email addresses at which comments and proposals are received, as well as the end date for receiving comments and suggestions.

8. Local executive bodies of the relevant administrative-territorial units, no later than three working days from the date of placement of the application for the planned activities on official Internet resources, additionally organize the distribution of the official announcement specified in part two of paragraph 7 of this article in one of the mass media, and also in other ways in accordance with the Law of the Republic of Kazakhstan "On access to information".

9. Acceptance of comments and proposals of interested state bodies and the public regarding the application for the planned activities is carried out by the authorized body in the field of environmental protection.

Interested state bodies and the public have the right to submit their comments and suggestions regarding the application for planned activities within fifteen working days from the date of posting the application for planned activities on the official Internet resource of the authorized body in the field of environmental protection.

Comments and proposals of interested state bodies and the public, received after the deadline for receiving comments and proposals, specified in part two of this paragraph, are not accepted by the authorized body in the field of environmental protection for consideration.

10. Within five working days from the date of expiry of the deadline for receiving comments and suggestions, the authorized body in the field of environmental protection shall submit all comments and suggestions to the application for planned activities accepted for consideration from interested state bodies and the public in a protocol drawn up in the form of a summary table of comments and suggestions, and also, within the same period, places it on the official Internet resource of the authorized body in the field of environmental protection, together with an opinion on determining the scope of environmental impact assessment and (or) an opinion on the results of screening the impacts of the planned activity and sends copies of them to the local executive bodies of the relevant administrative-territorial units.

The local executive bodies of the relevant administrative-territorial units, within two working days after receiving from the authorized body in the field of environmental protection the copies of the protocol and the conclusion (conclusions) specified in part one of this paragraph, post them on their official Internet resources.

11. If there are grounds for initiating an assessment of transboundary impacts, the authorized body in the field of environmental protection initiates an assessment of transboundary impacts in accordance with Article 80 of this Code.

Footnote. Article 68 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 69. Screening of the impacts of the planned activity

1. Screening of the impacts of the planned activity is a process of identifying potential significant impacts on the environment during the implementation of the planned activity, carried out in order to determine the need or lack of the need to conduct an environmental impact assessment based on the criteria established by Article 70 of this Code.

2. Submission of an application for a planned activity for the purpose of screening of its impacts is mandatory:

1) for the types of planned activities and facilities listed in section 2 of Appendix 1 to this Code, taking into account the quantitative threshold values ​​indicated therein (if any);

2) when significant changes are made to the types of activities and (or) the activities of the facilities listed in section 2 of Appendix 1 to this Code, in respect of which the screening of the impacts of the planned activity was previously carried out with the conclusion that there is no need to conduct a mandatory environmental impact assessment.

The implementation of such activities without the screening of the impacts of the planned activity is prohibited.

3. Screening of the impacts of the planned activity is organized by the authorized body in the field of environmental protection in accordance with paragraphs 5-11 of Article 68 of this Code, this Article and instructions for organizing and conducting of an environmental assessment.

4. The deadline for screening the effects of the planned activity is twenty-two working days from the date of registration of the application for the planned activity with the authorized body in the field of environmental protection.

5. When screening the impacts of the planned activity, the authorized body in the field of environmental protection takes into account all comments and suggestions received for consideration in accordance with paragraph 9 of Article 68 of this Code.

6. Not later than the period specified in paragraph 4 of this article, the authorized body in the field of environmental protection issues a conclusion on the results of the screening of the impacts of the planned activity and sends it to the initiator and interested state bodies, followed by posting a copy of it on the official Internet resource within two working days.

7. The conclusion on the results of the screening of the impacts of the planned activity should contain conclusions about the need or lack of the need for a mandatory environmental impact assessment and their reasoned justification.

8. If the conclusion on the results of the screening of the impacts of the planned activity says that it is necessary to conduct a mandatory environmental impact assessment, the authorized body in the field of environmental protection, together with the conclusion on the results of the screening, sends to the initiator a conclusion on determining the scope of the environmental impact assessment, prepared in accordance with Article 71 of this Code.

9. If the application for the planned activity contains alternative options for the implementation of the planned activity, a separate conclusion is drawn up in the conclusion on the results of screening of the impacts of the planned activity for each of the options.

10. Individuals and legal entities have the right to challenge the conclusion on the results of screening of the impacts of the planned activity in the manner prescribed by the legislation of the Republic of Kazakhstan.

Footnote. Article 69 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 70. Criteria of significance of impact on environment

1. When screening the impacts of the planned activity, the following criteria are considered that characterize the planned activity and the significance of its possible impact on the environment:

1) parameters of the planned activity, taking into account:

the type and scale of the planned activity (volume of production, capacity and other indicators in respect of which section 1 of Appendix 1 to this Code provides for quantitative threshold values);

cumulation of its impact with the impacts of other known activities (implemented, designed, planned) in the area where the proposed facility is located;

types and quantities of natural resources used;

types and quantities of generated waste;

the level of risk of environmental pollution and harm to human life and (or) health;

the level of risk of an emergency and (or) an accident, taking into account the provisions of the legislation of the Republic of Kazakhstan on civil protection;

the level of risk of biodiversity loss;

2) parameters of the affected area, taking into account:

the current designated purpose of the relevant lands and the priorities of the state policy in the field of ensuring sustainable land use;

the relative representation, quantity, quality and capacity for natural regeneration of natural resources in the affected area;

the ability of the natural environment to bear the load, with special attention to the territorial system of ecological stability of the landscape, specially protected natural areas, ecological "corridors" and migration routes of wild animals, important elements of the landscape, objects of historical and cultural heritage, areas of historical, cultural or archaeological significance, densely populated territories and territories experiencing loads in excess of the permissible limit (including previous loads);

3) the potential significance of the impact of the planned activity on the life and (or) health of people and the environment, taking into account the scope of the impact (territory and population), its transboundary nature (in terms of its spread beyond the borders of the state), size, complexity, probability, duration and frequency, as well as the reversibility of consequences (the possibility of restoring the environment or its individual object to a state close to the original).

2. Consideration of the criteria provided for in paragraph 1 of this article is carried out in accordance with the instructions for organizing and conducting of an environmental assessment.

Article 71. Determining the scope of the environmental impact assessment

1. The purpose of defining the scope of an environmental impact assessment is to determine the level of detail and types of information that should be collected and studied in the course of an environmental impact assessment, research methods and the procedure for providing such information in a report on possible impacts.

2. In respect of activities subject to mandatory environmental impact assessment in accordance with this Code, within twenty-two working days from the date of registration of the application for the planned activity, but not earlier than the expiration of the period established by part two of paragraph 9 of Article 68 of this Code, the authorized body in the field of environmental protection issues an opinion on determining the scope of environmental impact assessments based on the information contained in the statement of planned activities, taking into account the comments and suggestions of interested state bodies and the public received for consideration in accordance with paragraph 9 of Article 68 of this Code, and sends such an opinion to the initiator with a copy of it posted on the official Internet resource.

3. When determining the scope of the environmental impact assessment, the current level of knowledge, advanced research methods, existing technical capabilities in the relevant sector of the economy and the availability of data on the state of the environment should be taken into account.

4. The conclusion on determining the scope of the environmental impact assessment, taking into account the type, localization, nature and scale of possible environmental impacts, as well as the comments and suggestions of interested state bodies and the public, which were included in the protocol in accordance with paragraph 10 of Article 68 of this Code, may include requirements for a report on possible impacts regarding:

1) alternative options for achieving the goals of the planned activity and its implementation, which should be studied when performing an environmental impact assessment;

2) types of impacts and objects of impact that require detailed study;

3) areas of impact assessment and its methods.

Footnote. Article 71 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 72. Report on possible impacts

1. In accordance with the conclusion on determining the scope of the environmental impact assessment, the initiator ensures the conduct of the activities necessary to assess the environmental impact of the planned activity and the preparation of a report on possible impacts based on their results.

2. The preparation of a report on possible impacts is carried out by individuals and (or) legal entities licensed to perform works and provide services in the field of environmental protection (hereinafter referred to as compilers of the report on possible impacts).

3. Organization and financing of work on environmental impact assessment and preparation of a draft report on possible impacts is provided by the initiator at his own expense.

4. Taking into account the content of the conclusion on determining the scope of the environmental impact assessment, the draft report on possible impacts should contain:

1) a description of the planned activity in respect of which the report is drawn up, including:

description of the proposed location of the planned activity, its coordinates determined according to the geographic information system, with vector files, as well as a description of the state of the environment in the proposed location of the planned activity at the time of the report;

information on the category of lands and the purpose of land use during the construction and operation of facilities necessary for the implementation of the planned activities;

information on the indicators of the facilities necessary for implementation of the planned activity, including their capacity, dimensions (area of ​​occupied land, height), information on the production process, including the expected productivity of the enterprise, its need for energy, natural resources, raw materials and materials;

description of work on post-utilization of existing buildings, structures, facilities, equipment and methods for their implementation, if these works are necessary for the purposes of implementing the planned activity;

information on the expected types, characteristics and amount of emissions into the environment, other negative anthropogenic impacts on the environment associated with the construction and operation of facilities for the implementation of the activity in question, including the impact on water, atmospheric air, soil, subsoil, as well as vibration, noise, electromagnetic, thermal and radiation effects;

information on the expected types, characteristics and amount of waste that will be generated during the construction and operation of facilities as part of the planned activity, including waste generated as a result of the post-utilization of existing buildings, structures, facilities, equipment;

2) a description of possible options for the implementation of the planned activity, taking into account its features and possible impact on the environment, including:

the option chosen by the initiator of the planned activity for application, substantiation of his choice, description of other possible rational options, including the rational option that is the most favorable in terms of protecting the life and (or) health of people, the environment;

3) information on the components of the natural environment and other objects that may be subject to significant impacts of the planned activity, including the life and (or) health of people, the conditions of their living and activities, biodiversity (including flora and fauna, genetic resources, natural habitats of plants and wildlife, wildlife migration routes, ecosystems), land (including land acquisition), soil (including organic composition, erosion, compaction, other forms of degradation), water (including hydromorphological changes, quantity and quality of waters), atmospheric air, resistance of ecological and socio-economic systems to climate change, tangible assets, objects of historical and cultural heritage (including architectural and archaeological), landscapes, as well as the interaction of these objects;

4) description of possible significant impacts (direct and indirect, cumulative, transboundary, short-term and long-term, positive and negative) of the planned activity on the facilities listed in subparagraph 3) of this paragraph, resulting from:

construction and operation of facilities intended for the implementation of the planned activities, including post-utilization of existing facilities, if necessary;

use of natural and genetic resources (including land, subsoil, soil, water, objects of flora and fauna - depending on the availability of these resources and their location, migration routes of wild animals);

emissions into the environment, waste accumulation and disposal;

cumulative impacts from existing and planned production and other facilities;

in the process of the planned activities, application of technical, technological, organizational, managerial and other design solutions, including in the cases provided for by this Code, - the best available techniques in the relevant areas of their application;

5) substantiation of limiting quantitative and qualitative indicators of emissions, physical impacts on the environment;

6) justification of the maximum amount of waste accumulation by their types;

7) justification of the maximum volumes of waste disposal by their types, if such disposal is envisaged within the framework of the planned activity;

8) information on determining the probability of occurrence of accidents and natural hazards, typical, respectively, for the planned activity and the proposed place of its implementation, within the framework of the planned activity, a description of possible significant negative impacts on the environment associated with the risks of accidents and natural hazards, taking into account the possibility of taking measures to prevent and eliminate them;

9) a description of the measures envisaged for the periods of construction and operation of the facility to prevent, reduce, mitigate the identified significant impacts of the planned activity on the environment, including the proposed waste management measures, as well as, if there is uncertainty in the assessment of possible significant impacts - the proposed measures for monitoring of the impacts (including the need to conduct a post-project analysis of actual impacts after the implementation of the planned activity in comparison with the information provided in the report on possible impacts);

10) assessment of possible irreversible impacts on the environment and justification of the need to perform operations that entail such impacts, including a comparative analysis of losses from irreversible impacts and benefits from operations that cause these losses, in environmental, cultural, economic and social contexts;

11) methods and measures for restoration of the environment in case of termination of the planned activity, determined at the initial stage of its implementation;

12) description of the measures aimed at ensuring compliance with other requirements specified in the conclusion on determining the scope of the environmental impact assessment;

13) description of the research methodology and information about the sources of environmental information used in the preparation of the report on possible impacts;

14) description of the difficulties that arose during the conduct of research and related to the lack of technical capabilities and the insufficient level of modern scientific knowledge;

15) a brief non-technical summary summarizing the information specified in subparagraphs 1) - 12) of this paragraph, in order to inform the public concerned in connection with its participation in the environmental impact assessment.

5. The information contained in the report on possible impacts must meet the requirements for the quality of information, including being reliable, accurate, complete and up-to-date. The information contained in the report on possible impacts is publicly available, except for the information specified in paragraph 8 of this article.

6. A draft report on possible impacts must be submitted to the authorized body in the field of environmental protection no later than three years from the date the authorized body in the field of environmental protection issues a conclusion on determining the scope of the environmental impact assessment. If the initiator misses the specified period, the authorized body in the field of environmental protection terminates the environmental impact assessment process, returns the draft report on possible impacts to the initiator and informs him of the need to submit a new application for the planned activity.

7. After the completion of the development of the draft report on possible impacts, the initiator or compiler of the draft report on possible impacts, acting under an agreement with the initiator, sends to the authorized body in the field of environmental protection:

1) a draft report on possible impacts in order to assess its quality and determine the need for revision, taking into account the comments and suggestions of interested state bodies and the public, the results of public hearings and, in the case provided for in paragraph 19 of Article 73 of this Code, the protocol of the expert commission;

2) a cover letter indicating the places, dates and time of the start of public hearings, agreed with the local executive bodies of the relevant administrative-territorial units, or a signed protocol of the relevant public hearings held in accordance with Article 73 of this Code;

3) if there is a commercial, official or other legally protected secret in the report - the documents specified in part one of paragraph 8 of this Article.

8. If there is a commercial, official or other legally protected secret in the report, the initiator or the compiler of the report on possible impacts acting under an agreement with the initiator, together with the draft report on possible impacts, submitted to the authorized body in the field of environmental protection for the purpose of assessing its quality in accordance with paragraph 7 of this Article or to the subordinate organization of the authorized body in the field of environmental protection and local executive bodies of the relevant administrative-territorial units for the purpose of organizing public hearings in accordance with Article 73 of this Code, submits the following:

1) an application, which should indicate specific information in the draft report on possible impacts that is not subject to disclosure, and an explanation is given to which legally protected secret the specified information relates;

2) a second copy of the draft report on possible impacts, in which the relevant information should be deleted and replaced with the text "Confidential Information".

At the same time, in order to ensure the public's right to access environmental information, respectively, the authorized body in the field of environmental protection, the subordinate organization of the authorized body in the field of environmental protection and local executive bodies of the relevant administrative-territorial units must provide public access to a copy of the report on possible impacts specified in subparagraph 2) of part one of this paragraph.

The information on the quantitative and qualitative indicators of emissions, physical impacts on the environment, as well as on the waste generated, accumulated and to be disposed, specified in the report on possible impacts, cannot be recognized as a commercial or other secret protected by law.

9. The authorized body in the field of environmental protection, the subordinate organization of the authorized body in the field of environmental protection and the local executive bodies of the relevant administrative-territorial units bear responsibility, established by the laws of the Republic of Kazakhstan, for ensuring the confidentiality of information specified by the initiator.

10. The authorized body in the field of environmental protection, within two working days after receiving the documents specified in paragraph 7 of this article, sends a draft report on possible impacts to the interested state bodies.

The interested state bodies shall send to the authorized body in the field of environmental protection in writing (on paper or electronic media) their comments and suggestions on the draft report on possible impacts within ten working days from the date of sending by the authorized body in the field of environmental protection the draft report on possible impacts.

Comments and suggestions in writing (on paper or electronic media) received from interested state bodies within the time limit established by part two of this paragraph shall be entered by the authorized body in the field of environmental protection in a summary table, which is posted on the official Internet resource of the authorized body in the field of environmental protection together with the conclusion based on the results of environmental impact assessments in accordance with subparagraph 1) of paragraph 4 of Article 76 of this Code.

Footnote. Article 72 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 73. Public hearing on draft report of possible impacts

1. The draft report on possible impacts shall be submitted by the initiator to public hearings before or during the assessment of its quality by the authorized body in the field of environmental protection. Public hearings are conducted in accordance with this article and the rules of public hearings approved by the authorized body in the field of environmental protection (hereinafter – the rules of public hearings).

If the public hearings are completed before the start of the quality assessment process of the draft report on possible impacts, such a draft should be sent to the authorized body in the field of environmental protection no later than six months from the date of signing the protocol of the public hearings.

2. In order to organize public hearings, the initiator:

1) in accordance with the rules of public hearings, coordinates with the local executive bodies of the relevant administrative-territorial units the places, dates and time of public hearings;

2) sends the following to the subordinate organization of the authorized body in the field of environmental protection and local executive bodies of the relevant administrative-territorial units for posting on official Internet resources:

a draft report on possible impacts;

if there is a commercial, official or other legally protected secret in the report - the documents specified in part one of paragraph 8 of Article 72 of this The Code;

announcement of the holding of public hearings indicating the places, dates and time of the beginning of the public hearings, agreed with the local executive bodies of the relevant administrative-territorial units.

3. The subordinate organization of the authorized body in the field of environmental protection and local executive bodies of the relevant administrative-territorial units, after receiving the documents specified in subparagraph 2) of paragraph 2 of this article, within two working days, post a draft report on possible impacts together with an announcement of public hearings on official Internet resources.

The draft report on possible impacts should be available for review on the official Internet resources of the authorized body in the field of environmental protection and local executive bodies of the relevant administrative-territorial units for at least thirty calendar days from the date of publication.

4. The initiator is obliged to organize the distribution of the announcement of public hearings in the Kazakh and Russian languages ​​in at least one newspaper and through at least one television or radio channel distributed on the territory of the relevant administrative-territorial units, wholly or partially located within the affected territory.

The announcement of holding public hearings must be distributed by the methods specified in part one of this paragraph no later than twenty working days before the start date of public hearings. Start date of the public hearings must be scheduled no earlier than the date of expiration of the period established by part two of paragraph 3 of this article.

The announcement of public hearings must contain the following information:

1) the subject of public hearings;

2) the place, date and time of the start of public hearings;

3) a link to the page of the Internet resource of the authorized body in the field of environmental protection, where the draft report on possible impacts, a copy of the application on the planned activity are available;

4) details and contact details of the initiator of the planned activity;

5) email address and phone number to get additional information about the planned activity, holding public hearings, as well as request copies of documents related to the planned activity;

6) the e-mail address and postal address of the local executive body of the relevant administrative-territorial unit, for which the interested public can send in writing (on paper or electronic media) their comments and suggestions to the draft report on possible impacts.

5. The initiator is obliged to provide the public, at its request, with copies of the application on the planned activity, the protocol prepared in accordance with paragraph 10 of Article 68 of this Code, the conclusion on the results of the screening of the impacts of the planned activity (if it is carried out), the conclusion on determining the scope of the environmental impact assessment and draft report on possible impacts (in electronic form).

6. The costs of organizing public hearings, including the distribution of announcements about holding public hearings in the media, providing a venue for such hearings, providing the necessary equipment and materials, are covered by the initiator.

7. Interested state bodies and the public have the right to send their comments and suggestions to the local executive body of the relevant administrative-territorial unit in writing (on paper or electronic media) to the draft report on possible impacts no later than three working days before the start date of the public hearings or to voice their comments and suggestions orally during the public hearings.

Comments and suggestions in writing (on paper or electronic media) received from interested state bodies and the public are entered by the local executive body of the relevant administrative-territorial unit in a summary table, which is submitted to public hearings together with a draft report on possible impacts.

8. When conducting public hearings, the comments and suggestions of the interested state bodies and the public that are not formulated specifically and do not reflect the essence of the comments and suggestions or are clearly not related to the issues to be studied as part of the environmental impact assessment are not taken into account.

9. Public hearings are open to any person wishing to take part in them, regardless of their place of residence. In the process of holding public hearings, any person participating in them has the right to voice their comments and suggestions on the draft report on possible impacts in accordance with the established rules for holding public hearings.

10. The procedure for holding public hearings, including approval of the regulations, execution of the protocol, submission of the protocol to the authorized body in the field of environmental protection and bringing the protocol to the attention of the public, is established by the rules for holding public hearings.

11. Public hearings are held under the chairmanship of a representative of the local executive body of the relevant administrative-territorial unit.

The local executive body of the relevant administrative-territorial unit provides video and audio recording of the entire course of public hearings. Electronic media with video and audio recording of public hearings is attached to the protocol of public hearings.

12. The term of public hearings should not exceed five consecutive working days.

13. After the completion of public hearings, a protocol is drawn up in the form established by the rules for holding public hearings, which must include:

1) all comments and suggestions of interested state bodies and the public, submitted in writing in accordance with paragraph 7 of this article or voiced during public hearings, with the exception of comments and suggestions that were removed by their authors during public hearings;

2) responses and comments of the initiator on each remark and proposal entered into the protocol in accordance with subparagraph 1) of this paragraph;

3) information on the right to appeal the protocol in the manner prescribed by the legislation of the Republic of Kazakhstan.

14. The secretary of public hearings draws up the protocol of public hearings and is responsible for the completeness and accuracy of the information reflected in it. Protocol is signed by the chairman and secretary of public hearings within two working days from the date of completion of public hearings.

15. The local executive body of the relevant administrative-territorial unit posts the signed protocol on the official Internet resource no later than two working days after its signing.

16. After signing the protocol of public hearings:

1) in the absence of comments and proposals of interested state bodies and the public in the protocol, which were not removed by their authors during the public hearings, the chairman of the public hearings, within two working days, sends the signed protocol to the authorized body in the field of environmental protection to prepare a conclusion on the results of the environmental impact assessment in accordance with Article 76 of this Code;

2) if there are comments and suggestions from interested state bodies and the public in the protocol, which were not removed by their authors during the public hearings, the initiator ensures that the draft report on possible impacts is finalized in accordance with such comments and suggestions and sends the finalized draft report on possible impacts to the authorized body in the field of environmental protection.

17. In case of repeated submission of the draft report on possible impacts to the authorized body in the field of environmental protection, repeated public hearings are not required, except in the following cases:

1) if the re-submitted draft report on possible impacts contains significant changes to the planned activities provided for in paragraph 2 of Article 65 of this Code, which have not previously been considered at public hearings;

2) if the protocol of previously held public hearings contain comments and (or) suggestions from the public that were not withdrawn by their authors during such public hearings;

3) if, during the public hearings, violations of the requirements of the environmental legislation of the Republic of Kazakhstan to the procedure for holding public hearings were committed.

Repeated public hearings shall be held in accordance with paragraphs 1 - 15 and 18 of this article.

18. In the process of conducting repeated public hearings, the draft report on possible impacts is considered in the part finalized in accordance with the comments and suggestions made in the protocol of the initial public hearings, as well as in terms of significant changes to the planned activities provided for in paragraph 2 of Article 65 of this Code, which were made to the draft report on possible impacts and that had not previously been considered at public hearings. If, when finalizing the draft report on possible impacts, any comments and suggestions made in the protocol of the initial public hearings were not taken into account, the reasons for the initiator's refusal to finalize the draft report on possible impacts in this part are also considered during the repeated public hearings.

In the process of conducting repeated public hearings, any person participating in them has the right to voice his comments and suggestions within the scope of issues to be considered during repeated public hearings in accordance with part one of this paragraph. Comments and suggestions that do not relate to these issues are not subject to consideration during repeated public hearings.

If violations of the requirements of the environmental legislation of the Republic of Kazakhstan to the procedure for holding public hearings were committed during the previous public hearings, the draft report on possible impacts is considered in full during the repeated public hearings.

19. In case of disagreement of the initiator with the comments and suggestions of interested state bodies and the public, which were not withdrawn by their authors during the repeated public hearings, the corresponding opinion of the initiator is entered into the protocol of repeated public hearings, which is sent together with an application for a meeting of the expert commission from the local executive body of the relevant administrative-territorial unit to the authorized body in the field of environmental protection, after that, disagreements on controversial issues are resolved in accordance with Article 74 of this Code.

Footnote. Article 73 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 74. Expert commission

1. The authorized body in the field of environmental protection within two working days from the date of receipt of the application for holding a meeting of the expert commission and the protocol of repeated public hearings in the case specified in paragraph 19 of Article 73 of this Code:

1) creates an expert commission chaired by a representative of the department of the authorized body in the field of environmental protection;

2) sends copies of the finalized draft report on possible impacts and protocols of initial and repeated public hearings to the members of the expert commission;

3) sets the dates for the meeting of the expert commission.

To form an expert commission, the authorized body in the field of environmental protection sends an invitation to accredited non-profit organizations. The final composition of the expert commission includes one representative from accredited non-profit organizations that have confirmed in writing their desire to participate in the work of the expert commission.

2. Expert commissions are collegiate, advisory bodies convened to consider each individual draft report on possible impacts.

3. Expert commissions act in accordance with this Code and the regulation on expert commissions approved by the authorized body in the field of environmental protection.

4. Members of the expert commission are:

1) the chairman of the expert commission represented by a representative of the department of the authorized body in the field of environmental protection, performing the functions of environmental regulation and control;

2) one representative from each interested state body;

3) one representative of the National Chamber of Entrepreneurs of the Republic of Kazakhstan;

4) a representative of accredited non-profit organizations that have expressed a desire to participate in the work of the expert commission.

5. The initiator, members of the expert commission have the right to invite to the meetings of the expert commission the independent experts from among the representatives of the expert community (scientists, recognized practitioners) with relevant professional knowledge and practical experience on issues to be considered by the expert commission. Independent experts invited to the meetings of the expert commission present their independent opinion on the issues under consideration within the scope of their professional knowledge and practical experience at the meetings of the expert commission and are not entitled to take part in the voting of the expert commission.

6. The meeting of the expert commission must be started no later than twenty working days after sending copies of the draft report on possible impacts and protocols of public hearings to the members of the expert commission.

7. Within a period not exceeding ten working days after the members of the expert commission receive copies of the draft report on possible impacts and protocols of public hearings, all members of the expert commission send their comments and suggestions to the chairman on the controversial issues submitted for consideration of the expert commission.

8. The chairman of the expert commission notifies the initiator of the place and time of the meeting of the expert commission and submits to him the comments and proposals of the members of the commission no later than seven working days before the date of the meeting.

9. The meeting of the expert commission is held with the participation of the initiator and compiler of the draft report on possible environmental impacts.

10. During the meeting of the expert commission:

1) the initiator and compiler of the report on possible impacts make a report on:

the planned activity;

its expected significant impacts on the environment and the necessary measures to prevent, reduce and (or) mitigate such impacts;

measures taken to finalize the draft report on possible impacts in accordance with the comments and suggestions received during the public hearings;

proposals and comments submitted during the public hearings to the draft report on possible impacts, which were taken into account when finalizing the draft report on possible impacts;

controversial comments and suggestions presented during the public hearings, but not taken into account when finalizing the draft report on possible impacts, and the reasons why such comments and suggestions were not taken into account;

2) members of the expert commission, the initiator and compiler of the report on possible impacts conduct a discussion on controversial issues submitted for consideration of the expert commission, hear the opinions of invited independent experts;

3) the expert commission, by open vote, decides on controversial issues related to the planned activity and its possible environmental impacts, and on the need or lack of need in connection with this to finalize the draft report on possible impacts.

11. Decisions of the expert commission are taken by at least two thirds of all members of the expert commission and recorded in the protocol of the meeting of the expert commission.

Members of the expert commission who voted against the adoption of the decision of the expert commission have the right to draw up a dissenting opinion on the controversial issue, which is attached to the protocol of the meeting of the expert commission.

12. The meeting of the expert commission must be completed no later than five calendar days from the date of its commencement.

Based on the results of the meeting of the expert commission, a protocol of the meeting of the expert commission is drawn up, which reflects all the comments and suggestions made during the meeting by the members of the expert commission, the initiator and compiler of the report, the opinions of invited independent experts, as well as the decisions taken. The protocol is signed by the chairman and all members of the expert commission who participated in the meeting, no later than the period specified in part one of this paragraph.

13. The protocol of the meeting of the expert commission is considered by the authorized body in the field of environmental protection in the process of preparing a conclusion on the draft report on possible impacts.

14. If the expert commission makes a decision on the need to finalize the draft report on possible impacts, the authorized body in the field of environmental protection sends the draft report to the initiator for revision, after which the provisions of Article 73 of this Code are applied again.

15. Members of the expert commission are not entitled to disclose information constituting state secrets, commercial and other secrets protected by law, obtained by them within the framework of the work of the expert commission, except as provided by the laws of the Republic of Kazakhstan, as well as environmental information, the publicity of which is guaranteed by this Code.

Footnote. Article 74 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 75. Assessment of transboundary impacts carried out in the course of environmental impact assessment

1. If there are grounds provided for by subparagraph 1) of paragraph 1 of Article 80 of this Code, in the course of environmental impact assessment, an assessment of transboundary impacts is carried out.

2. Assessment of transboundary impacts is carried out in accordance with paragraph 4 of this chapter and international treaties of the Republic of Kazakhstan.

Article 76. Conclusion based on the results of the environmental impact assessment

1. If there are comments on the draft report on possible impacts, the authorized body in the field of environmental protection sends such comments to the initiator within seventeen working days from the date of registration of the application for an environmental impact assessment. Such comments must be eliminated by the initiator within five working days from the date of sending comments.

The authorized body in the field of environmental protection, within thirty working days from the date of registration of the application for an environmental impact assessment, issues to the initiator an opinion on the results of an environmental impact assessment with a conclusion on the admissibility or inadmissibility of the implementation of the planned activity.

If the signed protocol of public hearings is not submitted to the authorized body in the field of environmental protection before the expiration of the period for eliminating comments established by part one of this paragraph, an opinion is issued on the results of an environmental impact assessment with a conclusion on inadmissibility of the implementation of the planned activity.

The conclusion of the authorized body in the field of environmental protection based on the results of the environmental impact assessment should be based on the draft report on possible impacts, taking into account its possible revision in accordance with this Code, the protocol of public hearings, which established the absence of comments and suggestions from the public, the protocol of the meeting of the expert commission (if any), and in the case of the need for an assessment of transboundary impacts - based on the results of such an assessment.

2. The conclusion based on the results of the environmental impact assessment should contain the following information:

1) description of the types of operations envisaged within the framework of the proposed activity, and the place of their implementation;

2) conclusion about:

possible significant impacts on the environment during the implementation of the proposed activity;

the admissibility of the implementation of the planned activity, subject to the conditions specified in the conclusion;

3) terms under which the implementation of the planned activity is recognized as permissible, including:

terms for the protection of the environment, life and (or) health of people, the observance of which is mandatory for the initiator in the implementation of the proposed activity, including the stages of design, construction, reconstruction, operation, post- utilization of facilities and elimination of consequences in the implementation of the proposed activity, as well as information on the necessary measures aimed at ensuring compliance with such conditions for the protection of life and (or) health of people, the environment, which should be taken into account by the authorized state bodies when making decisions related to the planned activity;

limiting quantitative and qualitative indicators of emissions, physical impacts on the environment;

the maximum amount of waste accumulation by their types;

the maximum amount of waste disposal by type, if such disposal is envisaged as part of the implementation of the planned activity;

if the report on possible impacts establishes the need to conduct a post -project analysis: the objectives, scope and timing of its conduct, requirements for its content, the timing of submission of reports on post -project analysis to the authorized body in the field of environmental protection and, if necessary, to other state bodies;

terms and necessary measures aimed at preventing accidents, limiting and eliminating their consequences;

the obligations of the initiator to prevent, reduce and (or) mitigate negative impacts on the environment during the implementation of the proposed activity, as well as eliminate possible environmental damage, if the implementation of the planned activity may cause such damage;

4) information on the results of the assessment of transboundary impacts (if any).

3. A justification containing the following is attached to the conclusion based on the results of the environmental impact assessment:

1) the main arguments and conclusions that served as the basis for the conclusion;

2) information on the holding of public hearings (distribution of announcements about holding public hearings, providing the public with information and documents, the process of holding public hearings), consideration of the comments and suggestions of the public and on the conclusions obtained as a result of the consideration;

3) generalization of information obtained as a result of consultations with interested state bodies, holding public hearings and assessing transboundary impacts (if any), reviewing a draft report on possible impacts by an expert commission, with an explanation of how this information was taken into account when making conclusions based on the results of the environmental impact assessment.

4. The authorized body in the field of environmental protection within two working days following the day of issuing a conclusion on the results of the environmental impact assessment:

1) posts an opinion on the results of the environmental impact assessment, as well as a summary table with comments and suggestions from interested state bodies on the official Internet resource;

2) excluded by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication);

3) sends the conclusion on the results of the environmental impact assessment to the local executive bodies of the relevant administrative-territorial units located wholly or partially within the affected territory, which post the conclusion on official Internet resources no later than one working day following the day the conclusion was received.

5. The conclusions and terms contained in the conclusion based on the results of the environmental impact assessment are necessarily taken into account by all state bodies when issuing permits, accepting notifications and other administrative procedures related to the implementation of the relevant planned activity.

6. The design documents developed for the implementation of the planned activity should provide for technical, technological, organizational, managerial and other design solutions, including the use of the best available techniques in cases specified by this Code, ensuring compliance with the environmental legislation of the Republic of Kazakhstan and compliance with the conclusions and conditions contained in the conclusion based on the results of the environmental impact assessment.

7. The conclusion on the results of the environmental impact assessment is valid indefinitely, except for the case provided for in part two of this paragraph.

If, within three years from the date of issuing an opinion on the results of an environmental impact assessment, the initiator or his legal successor does not begin to carry out the relevant planned activities, including for activities involving construction and installation works, to perform such works, - then such an opinion on the results of an environmental impact assessment after the specified period is considered invalid.

Footnote. Article 76 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 77. Responsibility for the content of the report on possible impacts

1. The compiler of the report on possible impacts bears civil liability to the initiator for the quality of the report on possible impacts and other results of the environmental impact assessment obtained by the compiler in accordance with the agreement concluded between them.

2. The compiler of the report on possible impacts, the initiator shall bear responsibility, provided for by the laws of the Republic of Kazakhstan, for concealing the information received on environmental impacts and providing false information when conducting an environmental impact assessment.

3. Control over compliance with the requirements of the environmental legislation of the Republic of Kazakhstan during the environmental impact assessment shall be carried out by the authorized body in the field of environmental protection.

Article 78. Post-project analysis of actual impacts during the implementation of the planned activities

1. A post-project analysis of the actual impacts in the implementation of the proposed activity (hereinafter referred to as the post- project analysis) shall be carried out by the compiler of the report on possible impacts in order to confirm the compliance of the implemented planned activity with the report on possible impacts and the conclusion based on the results of the environmental impact assessment.

The post -project analysis should be started no earlier than twelve months and completed no later than eighteen months after the start of operation of the relevant facility that has a negative impact on the environment.

Post -project analysis shall be carried out by the operator of the relevant facility at his own expense.

2. Not later than the period specified in part two of paragraph 1 of this article, the compiler of the report on possible impacts prepares and signs a conclusion based on the results of the post- project analysis, in which a conclusion is made on the compliance or non-compliance of the implemented planned activity with the report on possible impacts and the conclusion based on the results of the impact assessment on the environment. If inconsistencies are identified, the conclusion based on the results of the post- project analysis provides a detailed description of such inconsistencies.

The compiler sends the signed conclusion on the results of the post- project analysis to the operator of the relevant facility and to the authorized body in the field of environmental protection within two working days from the date of signing the conclusion on the results of the post- project analysis.

The authorized body in the field of environmental protection, within two working days from the date of receipt of the conclusion based on the results of the post- project analysis, places it on the official Internet resource.

3. The procedure for conducting a post -project analysis and the form of a conclusion based on the results of a post- project analysis are determined and approved by the authorized body in the field of environmental protection.

The receipt by the authorized body in the field of environmental protection of a conclusion based on the results of a post- project analysis is the basis for conducting preventive control without visiting the subject (object) of control.

4. The compiler bears administrative and criminal liability, provided for by the laws of the Republic of Kazakhstan, for concealing information obtained during the post -project analysis, and providing false information in the conclusion based on the results of the post -project analysis.

Article 79. Methodological support for the environmental impact assessment

1. Environmental impact assessment is carried out in accordance with the instructional and methodological documents for conducting environmental impact assessment, approved by the authorized body in the field of environmental protection.

2. The authorized body in the field of environmental protection, within its competence, exercises control over compliance with the requirements of instructive and methodological documents for conducting an environmental impact assessment by persons licensed to perform work and provide services in the field of environmental protection.

Paragraph 4. Assessment of transboundary impacts Article 80. Grounds for conducting a transboundary impact assessment

1. An assessment of transboundary impacts is carried out if:

1) the planned activity, the implementation of which is provided for on the territory of the Republic of Kazakhstan, may have a significant negative transboundary impact on the environment on the territory of another state;

2) the implementation of the Document on the territory of the Republic of Kazakhstan may have a significant negative transboundary environmental impact on the territory of another state;

3) the implementation of the proposed activity or the implementation of the Document outside the territory of the Republic of Kazakhstan may have a significant negative transboundary impact on the environment in the territory of the Republic of Kazakhstan.

2. The assessment of transboundary impacts is carried out on the condition that it is provided for by international treaties of the Republic of Kazakhstan, and in accordance with the provisions of such treaties and the legislation of the Republic of Kazakhstan.

3. The grounds specified in subparagraphs 1) and 2) of paragraph 1 of this article are identified:

1) by the initiator of the proposed activity, the implementation of which is expected on the territory of the Republic of Kazakhstan, when preparing an application for the proposed activity or later in the course of assessing the impact of such activities on the environment;

2) by the state body - the developer of the Document of the Republic of Kazakhstan during the strategic environmental assessment;

3) by the authorized body in the field of environmental protection in the course of performing its functions in carrying out environmental impact assessment and strategic environmental assessment.

4. The state body-developer begins collecting information necessary to assess the likelihood, nature and extent of possible transboundary environmental impacts during the implementation of the Document, before submitting an application for screening of the impacts of the Document or, if the Document is not subject to screening, at the stage of determining the scope of the report on strategic environmental assessment.

The initiator begins collecting information on possible significant negative transboundary environmental impacts of the proposed activity before submitting an application for a decision on the results of the assessment.

As additional information becomes available, the grounds listed in subparagraphs 1) and 2) of paragraph 1 of this article may be identified in the course of further strategic environmental assessment or environmental impact assessment.

The authorized body in the field of environmental protection checks the existence of the grounds listed in subparagraphs 1) and 2) of paragraph 1 of this article during the screening of impacts during the implementation of the Document or the proposed activity, as well as in the process of strategic environmental assessment or environmental impact assessment.

5. Responsibility for the assessment of transboundary impacts lies with the authorized body in the field of environmental protection.

Article 81. Initiation of the assessment of transboundary impacts in cases where the party of their origin is the Republic of Kazakhstan

1. Upon revealing the grounds listed in subparagraphs 1) and 2) of paragraph 1 of Article 80 of this Code, the authorized body in the field of environmental protection issues an order to start assessing transboundary impacts.

2. The order to start the assessment of transboundary impacts (hereinafter referred to as the order) must contain:

1) a decision to start a transboundary impact assessment and suspend all previously initiated administrative procedures related to strategic environmental assessment or environmental impact assessment;

2) for strategic environmental assessment - a list of documents and (or) information requested from the state body - developer, including:

a statement about the screening of the impacts of the Document;

a statement defining the scope of the strategic environmental assessment report;

conclusion on the results of screening the impacts of the Document;

conclusion on the scoping of the strategic environmental assessment report;

draft concept of the Document, if its development is provided for by the legislation of the Republic of Kazakhstan;

information on the main directions and terms of implementation of the Document, for which the preliminary development of the concept is not provided for by the legislation of the Republic of Kazakhstan;

a fragment of the draft Document containing information on possible transboundary impacts on the environment during its implementation;

a fragment of the strategic environmental assessment report containing information on possible transboundary environmental impacts during the implementation of the Document;

3) for environmental impact assessment - a list of documents and (or) information requested from the initiator of the proposed activity, including:

application of the initiator for making a decision based on the results of the transboundary impact assessment;

statement of planned activities;

conclusion on the results of the screening of the impacts of the proposed activity;

conclusion on the definition of the scope of the environmental impact assessment;

an excerpt from the report on possible impacts containing information on possible transboundary impacts on the environment during the implementation of the proposed activity;

4) the requirements for the documents and (or) information listed in subparagraphs 2) and 3) of this paragraph, specified in paragraph 3 of this article.

3. Documents and (or) information listed in subparagraphs 2) and 3) of paragraph 2 of this article must be submitted in electronic form in Kazakh or Russian.

4. The authorized body in the field of environmental protection, no later than the working day following the day of the adoption of the order, sends or hands over a copy of it to the state body - the developer or initiator.

5. The authorized body in the field of environmental protection, within three working days following the day of receipt from the state body - the developer or initiator of documents that meet the requirements specified in the order, sends the following documents to the Ministry of Foreign Affairs of the Republic of Kazakhstan for further transfer to the affected parties:

1) a letter containing:

information about the Document or the proposed activity, including all available information on the possible transboundary impact of the document being developed or the proposed activity on the environment;

information on the procedure and legal consequences of approving the Document or making a decision based on the results of the assessment;

information on the procedure for conducting a strategic environmental assessment or environmental impact assessment, including the deadlines for submitting comments and proposals by interested state bodies and the public;

notification of the deadline for the affected parties to submit a response about their intention to participate in the transboundary impact assessment, which should not exceed fifteen calendar days;

2) documents and (or) information provided by the state body - the developer or initiator in accordance with the requirements of the order;

3) additional materials, if they are available and may influence the decision of the affected party to participate in the assessment of transboundary impacts.

6. If the affected parties refuse to participate in the assessment of transboundary impacts or if they fail to provide a response within the period specified in the notification, the authorized body in the field of environmental protection, within the working day following this period, shall issue an order to terminate the assessment of transboundary impacts and resume previously started administrative procedures related to strategic environmental assessment or environmental impact assessment, with notification of this to the relevant state body - the developer or initiator of the proposed activity.

7. If at least one of the affected parties, which received the documents sent to it in accordance with paragraph 5 of this article, informed within the period specified in the notification of its intention to take part in the assessment of transboundary impacts, the authorized body in the field of environmental protection environment, within five working days, organizes initial consultations with such a party in order to exchange information and establish the procedure, timing, place for further consultations, the language of documents to be submitted to the affected party, and (or) information, other conditions for conducting a transboundary impact assessment.

The total period for holding consultations with affected parties on the assessment of transboundary impacts should not exceed one hundred and eighty calendar days.

Article 82. Procedure for conducting a transboundary impact assessment

1. The authorized body in the field of environmental protection organizes consultations with affected parties in accordance with the procedure and conditions agreed during the initial consultations.

During consultations, the parties may agree on the procedure and conditions for the participation of the public of affected parties in the strategic environmental assessment or environmental impact assessment along with the public of the Republic of Kazakhstan.

2. After the completion of the preparation of the report on the strategic environmental assessment and assessment of its quality or the completion of the preparation of the report on possible impacts, the authorized body in the field of environmental protection determines the fragments of the Document, the report on the strategic environmental assessment, the report on possible impacts, other documentation and (or) information related to the strategic environmental assessment or environmental impact assessment, which must be translated into the language determined during the consultations of the Republic of Kazakhstan with the affected parties, and notifies the state body - the developer or initiator of the proposed activity.

3. The state body - the developer or initiator of the proposed activity within fifteen working days following the day of receipt of the notification specified in paragraph 2 of this article, shall submit fragments from the Document, the strategic environmental assessment report or the report on possible impacts with other documentation and (or ) information related to the strategic environmental assessment or environmental impact assessment, with their notarized translation into the language specified in the notification, to the authorized body in the field of environmental protection.

The authorized body in the field of environmental protection, within five working days following the day of receipt of information and other documents that meet the requirements of part one of this paragraph, sends them to the Ministry of Foreign Affairs of the Republic of Kazakhstan for further transfer to the affected parties involved in the assessment of transboundary impacts.

4. On the basis of the Document, the strategic environmental assessment report, the report on possible impacts, as well as other information and documents related to the possible transboundary impact of the Document or the planned activity on the environment, the authorized body in the field of environmental protection organizes consultations with the affected parties including a discussion of:

possible alternative provisions of the Document or options for the implementation of the proposed activity;

possible measures to reduce transboundary impacts and monitor the consequences of applying such measures at the expense of the party of origin;

other forms of mutual assistance of the parties in reducing any transboundary impact on the environment during the implementation of the Document or the proposed activity.

5. In the course of consultations with affected parties, the collection of comments and proposals from interested authorities and the public of affected parties can be organized in the manner and terms agreed upon during consultations, as well as the participation of interested authorities and the public of affected parties in public hearings held on the draft Document, a strategic environmental assessment report and a report on possible impacts in accordance with this Code and the rules for conducting public hearings.

6. The authorized body in the field of environmental protection ensures consideration and consideration of comments and proposals received during consultations with affected parties, as well as submitted by interested bodies and the public of affected parties, when performing its functions in the process of strategic environmental assessment or environmental impact assessment.

When preparing a draft Document and a report on a strategic environmental assessment or a report on possible impacts, the state body - the developer and initiator is obliged to consider and take into account the results of consultations with affected parties, comments and suggestions of interested authorities and the public of affected parties.

The state body authorized to approve the Document is obliged to take into account the results of consultations with affected parties, comments and suggestions of interested authorities and the public of affected parties when approving the Document.

7. The state body - the developer and the initiator are obliged to submit to the authorized body in the field of environmental protection the following documents and (or) information with a notarized translation into the language determined in the course of consultations with the affected parties:

fragments of the environmental report in the final version and the approved Document;

fragments of the decision on the results of the assessment;

a statement explaining how the results of consultations with affected parties, comments and suggestions of interested authorities and the public of affected parties were taken into account in preparing the strategic environmental assessment report, approving the Document or making a decision on the results of the assessment, as well as indicating the reasons why the provisions of the approved Document or decision based on the results of the assessment were selected from among the available alternatives;

a copy of the permit or coupon on acceptance of the notification issued or adopted by the state body on the basis of the decision on the results of the assessment (in the event that the implementation of the proposed activity subject to environmental impact assessment requires obtaining permits or sending notifications to state bodies in accordance with the legislation of the Republic of Kazakhstan permissions and notices).

Fragments of the documents specified in paragraphs two and three of part one of this paragraph are determined by the authorized body in the field of environmental protection.

8. The state body - the developer and the initiator are obliged to submit to the authorized body in the field of environmental protection reports on post -project analysis (if the need for it is established by a decision based on the results of the assessment or an agreement with the affected party) or reports on monitoring significant environmental impacts during the implementation of the Document with a notarized translation into the language determined in consultation with the affected parties.

9. The authorized body in the field of environmental protection, within five working days following the day of submission of the documents specified in paragraphs 7 and 8 of this article, sends them to the Ministry of Foreign Affairs of the Republic of Kazakhstan for further transfer to the affected parties involved in the assessment of transboundary impacts.

10. In the event that the state body - developer, initiator or interested bodies of the Republic of Kazakhstan receives additional information that affects the results of the transboundary impact assessment, or receives a message from the affected party about the appearance of such information, the authorized body in the field of environmental protection conducts with the affected party consultations, during which the parties consider the issue of making appropriate changes to the approved Document, a decision based on the results of the assessment, or taking measures to eliminate or reduce significant negative transboundary impacts.

Article 83. Initiation of the assessment of transboundary impacts in cases where the party of their origin is the Republic of Kazakhstan

1. The initiator and the state body-developer have the right to take part in the assessment of transboundary impacts, including consultations with affected parties.

2. The initiator and the state body - the developer are responsible for:

1) identification of possible significant negative transboundary impacts on the environment during the implementation of the proposed activity or the Document;

2) reflection of complete and substantiated information on possible significant negative transboundary environmental impacts in the documents submitted for screening the impacts of the Document, determining the scope of the strategic environmental assessment report, screening the impacts of the proposed activity, determining the scope of the environmental impact assessment;

3) proper assessment of possible significant adverse transboundary impacts in a strategic environmental assessment report or a report on possible impacts;

4) submission to the authorized body in the field of environmental protection of documents intended for transfer to the affected parties that meet the requirements of this Code;

5) ensuring translation services of adequate quality in case of holding public hearings with the participation of representatives of the public of affected parties;

6) assistance to the authorized body in the field of environmental protection during the assessment of transboundary impacts;

7) taking into account the results of consultations with affected parties, as well as all comments and proposals submitted by stakeholders and the public of affected parties, including during public hearings, when preparing the strategic environmental assessment report, the Document and the report on possible impacts;

8) submission to the authorized body in the field of environmental protection for subsequent transmission to the affected parties of a copy of the permit or coupon on acceptance of the notification issued or adopted by the state body on the basis of the decision on the results of the assessment, with a notarized translation into the language determined during the consultations of the Republic of Kazakhstan with affected parties (in the event that the implementation of the proposed activity subject to environmental impact assessment requires obtaining permits or sending notifications to state bodies in accordance with the legislation of the Republic of Kazakhstan on permits and notifications).

3. The initiator bears the burden of costs associated with the assessment of transboundary impacts, if, in accordance with the legislation of the Republic of Kazakhstan, such costs are not reimbursed from the budget, or if, as a result of consultations with the party of origin of the transboundary impact, it is not established that such costs are reimbursed by this party of origin.

4. The authorized body in the field of environmental protection is obliged to:

1) place all materials related to the assessment of transboundary impacts on the official Internet resource and ensure their public availability;

2) transfer to the Ministry of Foreign Affairs of the Republic of Kazakhstan the documents intended for further transfer to the affected parties within three working days following the day they are received from the initiator or state body-developer, unless another period is provided for by this Code and agreed during consultations with the affected party involved in the transboundary impact assessment.

Article 84. Participation of the Republic of Kazakhstan as an affected party in the assessment of transboundary impacts

1. In the event that the Republic of Kazakhstan receives a notification from a foreign state about the planning of activities or the development of the Document, the implementation of which may have a significant negative transboundary impact on the environment in the Republic of Kazakhstan, the authorized body in the field of environmental protection organizes the participation of the Republic of Kazakhstan in the assessment of transboundary impacts as an affected side.

2. Within two working days following the day of receipt of the notification specified in paragraph 1 of this article, the authorized body in the field of environmental protection places a notification on the official Internet resource, as well as an invitation to the public of the Republic of Kazakhstan to express their opinion on the need to assess transboundary impacts and provide comments and suggestions on issues related to the planned activities and the developed Document.

3. If there are grounds to believe that the implementation of activities or the implementation of the Document, planned outside the territory of the Republic of Kazakhstan, may have a significant negative transboundary impact on the environment in the territory of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, on the proposal of the authorized body in the field of environmental protection, has the right to send to the state the origin of such transboundary impacts requesting a transboundary impact assessment.

4. After the start of the assessment of transboundary impacts, the authorized body in the field of environmental protection:

1) provides information to the interested public and local executive bodies of the affected territories about the assessment of transboundary impacts;

2) ensure the holding of public hearings in accordance with Article 73 of this Code;

3) conduct consultations with the state of origin of such transboundary impact within the framework of transboundary impact assessment.

5. The costs of informing the public and local executive bodies of the affected territories about the assessment of transboundary impacts shall be reimbursed from the budget, unless, as a result of consultations with the party of origin of the transboundary impact, it is established that such costs are reimbursed by the party of origin.

Chapter 8. ENVIRONMENTAL EXPERTISE Article 85. General provisions on environmental expertise in the Republic of Kazakhstan

1. An environmental review is an expert activity aimed at establishing the compliance of the documentation submitted for an environmental review with the requirements of the environmental legislation of the Republic of Kazakhstan and carried out in order to prevent possible significant adverse effects of the implementation of such documentation on public health and the environment, as well as to ensure the environmental foundations of sustainable development of the Republic of Kazakhstan.

2. The implementation of the documentation submitted for environmental review in this Code means the approval of the relevant documentation, the commencement and progress of activities in accordance with the decisions provided for by such documentation, and in relation to the draft regulatory legal act, the adoption and entry into force of such a regulatory legal act. .

3. This Code establishes requirements for the following types of environmental impact assessment:

1) state ecological expertise;

2) public ecological expertise.

Article 86. Principles of ecological expertise

In addition to the general principles set out in Article 5 of this Code, the conduct of an environmental review is based on the following special principles:

1) the principle of independence: when conducting an environmental review, experts are free in their assessments and conclusions, guided by the environmental legislation of the Republic of Kazakhstan, facts, scientific principles of their justification;

2) the principle of scientific validity and objectivity: the conclusions of the environmental review must be reasoned, comply with the requirements of the legislation of the Republic of Kazakhstan, the level of modern development of scientific knowledge and scientific and technological achievements, and be based on an impartial and objective opinion of experts.

Paragraph 1. State ecological expertise Article 87. Objects of the state ecological expertise

The following objects of the state ecological expertise are subject to obligatory state ecological expertise:

1) design documentation for the construction and (or) operation of objects of categories I and II and other design documents provided for by this Code for obtaining environmental permits;

2) design documentation for the construction and (or) operation of objects of category III and other design documents provided for by this Code, necessary when preparing an environmental impact statement;

3) draft regulatory legal acts of the Republic of Kazakhstan developed by central state bodies and local government bodies, the implementation of which may lead to negative impacts on the environment;

4) projects of natural-scientific and feasibility studies on the creation and expansion of specially protected natural areas, including their functional zoning and general infrastructure development plans, the transfer of lands of specially protected natural areas into reserve lands, the abolition or reduction of territories of state nature reserves of the republican and local significance and state protected areas of republican significance, management plans of an environmental organization, developed in accordance with the Law of the Republic of Kazakhstan "On Specially Protected Natural Territories";

5) materials of survey of territories, substantiating the assignment of these territories to zones of ecological disaster or ecological emergency;

6) projects of economic activity that may have an impact on the environment of neighboring states or for the implementation of which it is necessary to use natural objects common with neighboring states or that affects the interests of neighboring states, including the Baikonur complex, defined by international treaties of the Republic of Kazakhstan;

The procedure and mechanism for conducting an environmental impact assessment in the areas of impact of separating parts of launch vehicles are determined according to the methodology approved by the authorized body in the field of environmental protection;

7) materials of a comprehensive environmental survey of lands where nuclear weapons tests were carried out in the past, as well as which were affected by military test sites;

8) forest management projects of state forest holdings and forest management and (or) special surveys to classify the state forest fund into categories, transfer from one category to another, as well as the allocation of especially protective areas where forest use is prohibited or limited;

9) design and other documents for activities that do not require environmental permits, for which the laws of the Republic of Kazakhstan provide for the mandatory availability of a positive conclusion of the state environmental expertise.

For the objects of the state environmental review specified in subparagraph 1) of this paragraph, the state environmental review is carried out as part of the procedure for issuing environmental permits and a separate conclusion of the state environmental review is not issued.

Footnote. Article 87 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 88. Bodies Carrying out State Ecological Expertise

1. The state ecological expertise is organized and carried out by the authorized body in the field of environmental protection in relation to:

1) design documentation for the construction and (or) operation of category I facilities within the framework of the procedure for issuing environmental permits, as well as the procedure for revising integrated environmental permits;

2) project documentation for the construction and (or) operation of objects of category II within the framework of the procedure for issuing integrated environmental permits in case they are obtained by operators on a voluntary basis;

3) objects of the state ecological expertise, specified in subparagraphs 3) - 8) of the first part of Article 87 of this Code.

The competence of the authorized body in the field of environmental protection in relation to other objects of state environmental expertise, provided for by the laws of the Republic of Kazakhstan, is determined by the rules for conducting state environmental expertise, approved by the authorized body in the field of environmental protection (hereinafter referred to as the rules for conducting state environmental expertise).

The distribution of functions and powers for conducting state environmental expertise between the authorized body in the field of environmental protection, its structural and territorial divisions is established by the authorized body in the field of environmental protection.

2. The state ecological expertise is organized and carried out by local executive bodies of regions, cities of republican significance, the capital in relation to:

1) project documentation for the construction and (or) operation of category II facilities within the framework of the procedure for issuing environmental impact permits;

2) project documentation for the construction and (or) operation of category III facilities when preparing an environmental impact statement;

3) other objects of the state environmental review, provided for by the laws of the Republic of Kazakhstan, the state environmental review of which is not within the competence of the authorized body in the field of environmental protection.

Article 89. The procedure for conducting state environmental expertise

1. State ecological expertise is organized and carried out in accordance with this Code and the rules for conducting state ecological expertise.

2. Documentation for the state environmental review shall be submitted in electronic form in accordance with the rules for conducting the state environmental review.

3. The terms for conducting the state environmental review, the procedure and terms for sending the comments of experts and the elimination of such comments by the applicant are determined within the framework of:

1) procedures for issuing integrated environmental permits - Article 115 of this Code;

2) procedures for the revision of integrated environmental permits - Article 118 of this Code.

4. The terms for conducting the state environmental review, the procedure and terms for sending the comments of experts and eliminating such comments by the applicant within the framework of the procedure for issuing environmental permits for impact are determined by Article 123 of this Code.

5. With regard to the objects specified in Article 87 of this Code, with the exception of subparagraphs 1) and 2) of Article 87 of this Code, the terms for conducting the state environmental review, the procedure and terms for sending the comments of experts and eliminating such comments by the applicant, the grounds for issuing a negative opinion of the state environmental expertise are determined by the rules for conducting state environmental expertise.

6. In relation to the objects specified in subparagraph 2) of Article 87 of this Code, the period for conducting the state environmental review should not exceed fifteen working days from the date of submission of the package of documents in accordance with paragraph 2 of this Article.

The local executive body issuing the conclusion of the state environmental expertise reviews the documents for their completeness and completeness within a period of not more than three working days from the date of registration. During the specified period, the application is accepted for consideration or rejected in case of submission of an incomplete package of documents and (or) incomplete information indicating the reasons for returning such an application.

If there are comments on the projects and the materials attached to them submitted for the state environmental review, the experts within seven working days send to the person who submitted them, such comments, which are eliminated by the customer within three working days from the date of their receipt.

If the remarks are not eliminated , a negative conclusion of the state ecological expertise is issued within the time limits specified in the first part of this clause.

In case of elimination of previously sent comments, a positive conclusion of the state environmental expertise is issued.

Article 90. Conclusion of the state ecological expertise

1. The positive conclusion of the state ecological expertise contains conclusions about:

1) compliance of the documentation submitted for the state environmental review with the requirements of the environmental legislation of the Republic of Kazakhstan;

2) the admissibility of making a decision on the implementation of the documentation submitted for the state environmental review.

2. In case of non-compliance of the documentation submitted for the state environmental review with the requirements of the environmental legislation of the Republic of Kazakhstan, a negative conclusion of the state environmental review is issued.

3. The implementation of the documentation submitted for the state environmental review is prohibited until a positive conclusion from the mandatory state environmental review is received.

4. The conclusion of the state environmental expertise shall be signed by the heads of the department of the authorized body in the field of environmental protection, its territorial divisions or local executive bodies within their competence, determined in accordance with Article 88 of this Code.

5. Cancellation of a positive conclusion of the state environmental expertise is carried out by the body that issued it, on the basis of a written request or consent of the person to whom such an opinion was issued.

6. If a violation of the requirements of the environmental legislation of the Republic of Kazakhstan is revealed, the deprivation (revocation) of a positive conclusion of the state environmental review is carried out in a judicial proceeding.

Footnote. Article 90 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 91. Rights of Heads of Departments Carrying out State Ecological Expertise

1. Heads of subdivisions carrying out state environmental expertise have the right to:

1) determine the methods for conducting the state environmental review;

2) reject the documents submitted for the state environmental review that do not meet the requirements of the environmental legislation of the Republic of Kazakhstan in terms of their completeness and completeness;

3) in accordance with this Code, send reasoned comments to the documents submitted for the state environmental review, including returning for revision documents containing errors in calculations and other inconsistencies, the correction of which requires additional research, search work or other measures;

4) request additional materials necessary for the state environmental review, the submission of which is regulated by the rules for conducting the state environmental review;

5) create, in accordance with this Code, expert councils of the state environmental review, head them and organize their activities;

6) involve external experts in the process of conducting state environmental expertise to conduct special studies;

7) exercise control over the activities of units that carry out state environmental expertise, and established expert councils;

8) prepare and transfer relevant materials to law enforcement and other bodies to resolve issues of holding persons accountable for violating the requirements of the environmental legislation of the Republic of Kazakhstan in terms of conducting state environmental expertise.

2. When organizing and conducting the state environmental review, the heads of departments specified in paragraph 1 of this article are independent and act in accordance with the legislation of the Republic of Kazakhstan.

3. The independence of the heads of departments is ensured by the provisions on them, approved by the authorized body in the field of environmental protection, including conditions that do not contradict the legislation of the Republic of Kazakhstan.

Article 92. State Ecological Expertise Expert

1. An expert of the state environmental review is a civil servant of the subdivision of the authorized body in the field of environmental protection, carrying out the state environmental review.

2. A person who is in close relationship or property with the leaders of the customer or developer of the object of state environmental expertise cannot be involved in the conduct of the state environmental review.

3. The expert of the state ecological expertise shall be responsible for the expertise performed by him in accordance with the laws of the Republic of Kazakhstan.

4. It is prohibited to interfere with state bodies, individuals, legal entities and officials in the activities of an expert of the state environmental review, related to the conduct of the state environmental review.

5. The violated rights of an expert of the state ecological expertise are subject to protection, and the persons guilty of such a violation are liable in accordance with the laws of the Republic of Kazakhstan.

6. The expert of the state ecological expertise has the right:

1) request, within the period of the state environmental review, additional materials necessary for its conduct, the submission of which is regulated by the rules for conducting the state environmental review, for the purpose of a comprehensive and objective assessment of the documentation submitted for the state environmental review;

2) to initiate in the process of conducting the state environmental review the involvement of external experts to conduct special studies;

3) to submit proposals to the head of the subdivision carrying out the state environmental review on improving the organization of the work of the state environmental review, methodology, procedure and principles for its implementation;

4) form a dissenting opinion on the documentation submitted for the state environmental review, which is attached to the conclusion of the state environmental review. The dissenting opinion formed by the expert is of an exclusively informative nature and is not mandatory for compliance with the implementation of the documentation submitted for the state environmental review.

7. The expert of the state ecological expertise is obliged to:

1) ensure a comprehensive, objective and high-quality conduct of the state environmental review;

2) to carry out the state ecological expertise in compliance with the requirements of the environmental legislation of the Republic of Kazakhstan;

3) comply with the established terms and procedure for conducting the state environmental review;

4) prepare reasoned conclusions of the state environmental review and timely submit them to the bodies that decide on the implementation of the documentation submitted for the state environmental review, and to customers;

5) substantiate in a well-reasoned way the comments sent to the documents submitted for the state environmental review, indicating the specific norms and requirements of the environmental legislation of the Republic of Kazakhstan and (or) the conclusions of the conclusion based on the results of the environmental impact assessment, if, in accordance with this Code, a mandatory impact assessment is required on the environment;

6) ensure the safety of the documentation submitted for the state environmental review, and coordinate their actions with respect to confidential documents with the person who submitted them, and prevent disclosure of the information entrusted to him.

Article 93. Involvement of external experts in the process of conducting state environmental expertise

1. If the process of conducting the state environmental review requires special knowledge that is not available to the experts of the state environmental review, the bodies that carry out the state environmental review have the right to apply for expert opinions to other state bodies and organizations, as well as to individual national and international experts, with relevant knowledge and experience.

2. Involvement of external experts is carried out in accordance with the legislation of the Republic of Kazakhstan on public procurement.

Article 94. Expert Councils of the State Ecological Expertise

1. Under the authorized body in the field of environmental protection, expert councils of the state ecological expertise are created, which are permanent consultative and advisory bodies, acting in accordance with the provisions on them.

2. Regulations on expert councils of the state ecological expertise of the authorized body in the field of environmental protection, their personal composition are approved by the head of the department of the authorized body in the field of environmental protection and the heads of its territorial bodies.

3. Members of expert councils of the state ecological expertise may be officials of state bodies whose functions are related to environmental protection, scientists from research institutions, higher educational institutions, practitioners and members of the public.

4. The jurisdiction of the expert councils of the state environmental expertise includes:

1) discussion of the problems of ensuring environmental safety, issues of environmental protection, the use and reproduction of natural resources during the state environmental review;

2) consideration of draft conclusions of the state ecological expertise in relation to objects of increased environmental danger.

Article 95. Publicity of the state ecological expertise

1. Publicity of the state environmental expertise and public participation in decision-making on environmental protection and the use of natural resources are ensured through public hearings.

2. The public concerned is given the opportunity to express their opinion during the state environmental review.

3. The conclusion of the state environmental review must be posted on the Internet resource of the authorized body in the field of environmental protection or its territorial division within five working days after its issuance and be in the public domain for at least thirty working days from the date of its placement.

4. The interested public has the right to challenge the conclusion of the state environmental review in the manner prescribed by the legislation of the Republic of Kazakhstan.

Article 96. Conducting public hearings

1. Holding public hearings before or during the implementation of the state environmental assessment is mandatory.

In case of completion of public hearings before the start of the process of conducting a state environmental assessment, an application for conducting a state environmental assessment or an application for an environmental permit must be sent to the authorized body in the field of environmental protection no later than six months from the date of signing the protocol of public hearings.

2. Public hearings within the framework of the state environmental review are held in accordance with the rules for holding public hearings.

3. In case of repeated submission to the authorized body in the field of environmental protection of an application for a state environmental assessment after receiving a refusal to issue an environmental permit (in the case provided for in part two of Article 87 of this Code) or a negative conclusion of the state environmental assessment, the repeated public hearings are not required, except in the following cases:

1) if the re-submitted application and (or) the attached documents imply significant changes to the planned activities provided for in paragraph 2 of Article 65 of this Code, which have not previously been considered at public hearings;

2) if the protocol of previously held public hearings contain comments and (or) suggestions from the public that were not withdrawn by their authors during such public hearings;

3) if, during the public hearings, violations of the requirements of the environmental legislation of the Republic of Kazakhstan to the procedure for holding public hearings were committed.

Footnote. Article 96 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 97. The procedure for considering disagreements during the state environmental review

1. Disagreements during the state environmental review are considered through negotiations or in court.

2. Through negotiations, disagreements on issues of state environmental expertise are considered by the authorized body in the field of environmental protection at the request of any of the interested parties.

Paragraph 2. Public ecological expertise Article 98. Public ecological expertise

1. Public ecological expertise is carried out on a voluntary basis by expert commissions created by non-profit organizations.

2. Public ecological expertise examines any activity for compliance with public interests to preserve the environment, favorable for the life and (or) health of people.

3. Individuals and legal entities may act as initiators of public ecological expertise.

Article 99. Organizer of public ecological expertise

1. A non-profit organization is recognized as the organizer of a public environmental review, on behalf of which a notification is submitted on the conduct of a public environmental review and measures are taken to organize the activities of the expert commission.

2. The organizer of the public environmental review has the right to:

1) to request from the person whose activity is the object of public environmental expertise documents and materials necessary for conducting public environmental expertise;

2) create an expert commission to conduct a public environmental review;

3) submit to state bodies, local self-government bodies, officials, individuals and legal entities the conclusion of a public environmental review.

3. The organizer of the public environmental review is obliged to:

1) organize a public environmental review in accordance with the requirements of this Code;

2) ensure that the public is informed about the progress and results of the public environmental review and that public opinion is taken into account when preparing the conclusion of the public environmental review;

3) to ensure publicity of the conclusion of the public ecological expertise for the public.

Article 100. Experts of public ecological expertise

1. An expert of a public environmental review is an individual who has scientific and (or) practical knowledge on the issue under consideration and is involved by the organizer of the public environmental review to conduct such an review.

2. An expert of public ecological expertise cannot be:

1) a representative of a person whose activity is the object of a public environmental review;

2) representative of the compiler of the report on possible impacts;

3) an individual who is in an employment or other contractual relationship with a person whose activities are the subject of a public environmental review, or a compiler of a report on possible impacts;

4) a representative of a legal entity that is in a contractual relationship with a person whose activities are the subject of public environmental review, or the compiler of a report on possible impacts.

3. The expert of the public environmental review participates in its conduct in accordance with the legislation of the Republic of Kazakhstan and the assignment issued by the organizer of the public environmental review.

4. An expert of the public environmental review, when conducting a public environmental review, has the right to express a dissenting opinion on the object of the public environmental review, which is attached to the conclusion of the public environmental review.

5. The expert of public ecological expertise is obliged to:

1) comply with the requirements of the environmental legislation of the Republic of Kazakhstan;

2) ensure the objectivity and validity of the conclusions of the opinion on the object of public environmental expertise, as well as taking into account the comments and proposals on the object of public environmental expertise from the public concerned;

3) ensure the safety of materials and confidentiality of information submitted for public environmental review, as well as prevent violation of intellectual property rights.

Article 101. Rights and obligations of a person whose activity is the object of public environmental expertise

1. A person whose activity is the object of a public environmental review has the right to:

1) to protect legally protected confidential information contained in the documentation on planned and ongoing activities;

2) receive information and have access to information on the progress and results of the public environmental review;

3) participate in public hearings and other events held within the framework of public environmental expertise;

4) provide their explanations and comments to the conclusion of the public environmental review.

2. A person whose activity is the subject of a public environmental review must submit:

1) documents and materials required for the public environmental review;

2) a written response to the authorized body in the field of environmental protection on the recommendations set out in the conclusion of the public environmental review.

Article 102. Financing of public ecological expertise

Financing of public ecological expertise is carried out at the expense of:

1) own funds of non-profit organizations that organize and (or) conduct a public environmental review;

2) other sources not prohibited by the laws of the Republic of Kazakhstan.

Article 103. Notice of public environmental review

1. Public ecological expertise is carried out on the condition that the organizer of the expertise sends a notification about its conduct.

2. Notification of the conduct of a public environmental review shall be submitted by its organizer to the local executive bodies, on the territory of which the object of the environmental review is planned to operate.

3. The notice of the public environmental review must contain:

1) name, legal address of the organizer of the public environmental review;

2) the nature of the activities provided for by the charter of the organizer of the public environmental review;

3) information on the composition of the expert commission of public environmental expertise;

4) information about the object of public environmental expertise;

5) the period for conducting a public environmental review, which may not exceed twenty-five working days.

4. Conducting a public environmental review is not allowed if:

1) a public environmental review has previously been carried out twice in relation to this object;

2) the object of public environmental expertise contains information constituting state, commercial and other secrets protected by law;

3) the charter of the organizer of the public environmental review does not provide for the activities of this non-profit organization to conduct a public environmental review.

Article 104. Conclusion of public ecological expertise

1. The results of the public environmental review are drawn up in the form of a conclusion of the public environmental review, which is advisory in nature.

2. The conclusion of the public ecological expertise must contain:

1) the name and legal address of the organizer of the environmental review;

2) last name, first name, patronymic (if it is indicated in the identity document) or full name of the person whose activities are the object of public environmental expertise, the name and location of the object of public environmental expertise;

3) information on sending a notice of a public environmental review to the local executive body;

4) the timing of the public environmental review;

5) a list of documents submitted for public environmental expertise, as well as a list of other documents used in the process of its implementation;

6) the composition of the members of the expert commission of public environmental expertise;

7) presentation of the results of public environmental expertise;

8) description of the task for conducting a public environmental review, determined by the organizer of the public environmental review;

9) a description of the public environmental review process, including interaction with the public, the person whose activities are the subject of the public environmental review, and other interested parties;

10) conclusions of public ecological expertise.

3. The conclusions of the public environmental review must contain a conclusion on the compliance of the object of the public environmental review with the requirements of the environmental legislation of the Republic of Kazakhstan.

4. The conclusion of the public environmental review is signed by the authorized representative of the organizer of the public environmental review, the chairman and members of the expert commission.

5. The conclusion of the public environmental review is sent to:

1) to the local executive body, to which the relevant notification on the conduct of the public environmental review was previously sent;

2) to the body that carries out the state ecological expertise of this object or issued an environmental permit in respect of it;

3) a person whose activity is the object of a public environmental review;

4) to state bodies that make decisions on the implementation of the object of public environmental expertise;

5) to the media.

Article 105. Use of the results of public ecological expertise

1. A person whose activity is the object of a public environmental review is obliged, within a month from the date of receipt of the conclusion of the public environmental review, to consider the conclusions and recommendations contained therein and send their comments to the authorized body in the field of environmental protection, as well as to the organizer of the public environmental review. expertise.

2. The conclusion of the public environmental review must be considered during the state environmental review. The results of such consideration should be sent to the organizer of the public environmental review and to the authorized body in the field of environmental protection.

3. The conclusion of the public environmental review may also be taken into account when making decisions by local executive bodies, financial organizations and the person whose activity is the object of the public environmental review, when implementing the relevant activities.

4. The results of a public environmental review may also be taken into account when conducting a comprehensive non-departmental review of projects (design estimates) intended for the construction of new or reconstruction (expansion, technical re-equipment, modernization), overhaul of existing buildings and structures, their complexes, engineering and transport communications, conservation of unfinished objects and post- utilization (demolition) of objects that have exhausted their resource.

Chapter 9. ENVIRONMENTAL PERMITS Article 106. General provisions

1. Environmental permit - a document certifying the right of individual entrepreneurs and legal entities to carry out a negative impact on the environment and determining the environmental conditions for the implementation of activities.

Environmental conditions are understood as individual requirements for the construction and operation of objects of categories I and II in order to ensure compliance with the environmental requirements applicable to such activities established by the environmental legislation of the Republic of Kazakhstan, as well as the conclusions contained in the conclusions based on the results of the environmental impact assessment.

It is prohibited to include conditions in environmental permits that are not aimed at ensuring environmental protection.

2. An operator that has received an environmental permit, as well as individuals and legal entities engaged by the facility operator to perform certain works and (or) provide certain services on the territory of the relevant category I or II facility during its construction, reconstruction or operation, are required to comply with the conditions of such an environmental permits and are responsible for their non-compliance in accordance with the laws of the Republic of Kazakhstan. Obtaining by such individuals and legal entities of a separate environmental permit for the performance of work and (or) the provision of services on the territory of the relevant object of category I or II is not required.

3. An environmental permit is issued for the operation of each individual object of categories I and II and (or) construction and installation works of categories I and II, reclamation works and (or) liquidation of categories I and II.

4. The following types of environmental permits are issued in the Republic of Kazakhstan:

1) integrated environmental permit;

2) environmental permit for impact.

5. The construction and operation of objects of categories I and II without an appropriate environmental permit is prohibited.

6. Greenhouse gas emissions are not subject to environmental permits, with the exception of emissions of substances identified as pollutants in accordance with this Code.

7. Environmental permit is not required:

to carry out activities for the construction and operation of facilities of categories III and IV, except in cases when they are located within the industrial site of an object of category I or II and are technologically connected with it;

to carry out construction and installation works and works on reclamation and (or) liquidation within the industrial site of an object of category I or II, classified as category III or IV in accordance with the instructions for determining the category of an object having a negative impact on the environment.

Activities for the operation of objects of category III may be carried out subject to the submission of a declaration on the impact on the environment in accordance with Article 110 of this Code.

The rules for issuing environmental permits, submitting an environmental impact declaration are approved by the authorized body in the field of environmental protection (hereinafter referred to as the rules for issuing environmental permits).

8. The authorized body in the field of environmental protection and local executive bodies of regions, cities of republican significance, the capital maintain a register of environmental permits and declarations on the impact on the environment in the manner determined by the authorized body in the field of environmental protection.

Footnote. Article 106 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 107. Validity of the environmental permit and declaration of environmental impact when changing the operator of the facility

1. In the event of a change in the operator of the facility as a result of the alienation of the facility or its transfer to another legal use to another person, the reorganization of the facility operator by spin-off, separation or acquisition, or in other cases of universal succession, the previously issued environmental permit or submitted environmental impact declaration retains its force and becomes mandatory (obligatory) for the new operator of the object.

2. Within ten working days from the date of the occurrence of the circumstances specified in paragraph 1 of this article, the new operator is obliged to submit to the authorized body in the field of environmental protection an application for reissuing an environmental permit in accordance with Article 108 of this Code.

Article 108. Procedure for reissuing an environmental permit

1. Re-issuance of an environmental permit is carried out within five working days in the following cases:

1) change in the name, change in the organizational and legal form of the operator of the facility for which an environmental permit has been issued;

2) specified in Article 107 of this Code.

2. Re-issuance of an environmental permit is carried out on the basis of an application for re-issuance of a permit.

In case of reissuing an environmental permit on the grounds provided for in subparagraph 2) of paragraph 1 of this article, a copy of the title document confirming the change of the facility operator must be attached to the application.

Article 109. Suspension, deprivation (revocation) and cancellation of environmental permit

1. Suspension and deprivation (revocation) of an environmental permit shall be carried out on the grounds and in the manner prescribed by the laws of the Republic of Kazakhstan.

2. The authority that issued the environmental permit shall cancel the environmental permit upon receipt of the relevant written request from the operator of the facility or from the date of entry into force of a new environmental permit.

Article 110. Declaration of impact on the environment

1. Persons carrying out activities at objects of category III (hereinafter referred to as the declarant) submit to the local executive body of the relevant administrative-territorial unit a declaration on the impact on the environment.

2. The environmental impact statement is submitted in writing or in the form of an electronic document signed with an electronic digital signature.

3. The environmental impact statement must contain the following information:

1) name, legal form, business identification number and address (location) of a legal entity or last name, first name, patronymic (if it is indicated in an identity document), individual identification number, place of residence of an individual entrepreneur;

2) name and brief description of the object;

3) type of main activity, types and volume of products produced, works performed, services rendered;

4) the declared amount of emissions of pollutants, the amount and types of waste (generated, accumulated and transferred to specialized organizations for waste management);

5) for the planned activity - the number and date of issuance of a positive conclusion of the state environmental expertise for objects of category III.

4. Declaration of impact on the environment is submitted:

1) before the start of the planned activity;

2) after the commencement of activities - in the event of a significant change in the technological processes of the main industries, the qualitative and quantitative characteristics of emissions of pollutants and stationary sources, waste (generated, accumulated and transferred to specialized waste management organizations).

5. In the event of a significant change in technological processes, qualitative and quantitative characteristics of emissions of pollutants and stationary sources, waste (generated, accumulated and transferred to specialized waste management organizations), the declarant is obliged to submit a new declaration on the impact within three months from the date of the relevant significant changes. on the environment.

6. The form of the environmental impact declaration and the procedure for filling it out are established by the rules for issuing environmental permits.

7. For failure to submit an environmental impact declaration or provision of unreliable information contained in this declaration, persons shall bear liability established by the laws of the Republic of Kazakhstan.

8. On a quarterly basis, by the 5th day of the month following the reporting period, local executive bodies shall send to the territorial subdivision of the authorized body in the field of environmental protection summary data on the adopted environmental impact declarations in the form approved by the authorized body in the field of environmental protection.

Paragraph 1. Integrated environmental permit Article 111. General provisions on integrated environmental permit

1. The presence of a comprehensive environmental permit is mandatory for objects of category I.

2. Operators of other facilities not specified in paragraph 1 of this article are entitled to voluntarily obtain a comprehensive environmental permit if they have conclusions approved by the Government of the Republic of Kazakhstan on the best available techniques for the relevant technological process or industry.

3. Integrated environmental permits are issued by the authorized body in the field of environmental protection.

In the case provided for by paragraph 3 of Article 115 of this Code, a comprehensive environmental permit is issued by the authorized body in the field of environmental protection in agreement with the relevant state bodies.

4. A comprehensive environmental permit is valid for an indefinite period, except for the case provided for by part three of this paragraph.

The operator of a facility in respect of which an integrated environmental permit has been issued, in the event of approval of a new conclusion on the best available techniques that establishes requirements that such an object does not comply with, is obliged to submit an application for revision of the integrated environmental permit in accordance with paragraph 2 of Article 118 of this Code.

In the case specified in part two of this paragraph, the previously issued integrated environmental permit shall be terminated after one year after the date of approval of such an opinion on the best available techniques, if such an integrated environmental permit has not been reviewed within the specified period.

Article 112. Content of an integrated environmental permit

1. A comprehensive environmental permit is a standardized document containing:

1) information about its owner (operator), object and types of activities carried out on it;

2) environmental conditions for the implementation of activities, including:

technological standards;

standards for emissions into the environment;

standards for permissible physical impacts on the environment;

waste accumulation limits, waste disposal limits (if you have your own landfill);

limits for the placement of sulfur in the open on sulfur maps (during operations for the exploration and (or) production of hydrocarbons);

limits for special water use in accordance with the Water Code of the Republic of Kazakhstan if the activity includes special water use;

measures to improve energy efficiency and energy saving;

waste management program;

actions and measures for the operation of the facility in situations that pose a danger to the environment;

industrial environmental control program, including requirements for industrial monitoring, including soil and groundwater monitoring and automated emission monitoring;

the necessary conditions and measures to prevent pollution of soils and groundwater, as well as the requirements for regular monitoring and control of compliance with such conditions and measures in order to prevent leaks, spills, accidents and other abnormal situations during the use of equipment or during the storage of waste and other hazardous substances ;

for existing facilities of category I, if they cannot comply with technological indicators related to the use of the best available techniques, a draft program for improving environmental efficiency;

other requirements for environmental protection specified in the conclusion on the environmental impact assessment;

3) substantiation of the reasons for making a decision to issue an integrated environmental permit.

2. Forms of integrated environmental permit forms and the procedure for filling them out are established by the rules for issuing environmental permits.

Article 113. The Best Possible Available Techniques

1. Best available techniques are understood to be the most effective and advanced stage in the development of activities and methods of their implementation, which indicates their practical suitability in order to serve as the basis for setting technological standards and other environmental conditions aimed at preventing or, if this is not practicable, minimization of negative anthropogenic impact on the environment. Wherein:

1) Technicians are understood as the technologies used, as well as the methods, methods, processes, practices, approaches and solutions applied to the design, construction, maintenance, operation, management and decommissioning of the facility;

2) techniques are considered accessible if the level of their development allows the introduction of such techniques in the relevant sector of production on economically and technically feasible conditions, taking into account costs and benefits, regardless of whether such techniques are used or produced in the Republic of Kazakhstan, and only to the extent that they are reasonably available to the facility operator;

3) the best are those available techniques that are most effective in achieving a high overall level of environmental protection as a whole.

2. The use of the best available techniques is aimed at the comprehensive prevention of environmental pollution, minimization and control of negative anthropogenic impact on the environment.

The areas of application of the best available techniques are understood as individual sectors of the economy, types of activities, technological processes, technical, organizational or managerial aspects of conducting activities, for which the best available techniques are determined in accordance with this Code. The areas of application of the best available techniques are defined in Annex 3 to this Code.

3. Best Available Techniques are determined based on a combination of the following criteria:

1) use of low-waste technology;

2) use of less hazardous substances;

3) promoting the recovery and recycling of substances generated and used in the process, as well as waste, as applicable;

4) comparability of processes, devices and operating methods successfully tested at the industrial level;

5) technological breakthroughs and changes in scientific knowledge;

6) the nature, impact and volumes of the relevant emissions into the environment;

7) commissioning dates for new and existing facilities;

8) the length of time required for the implementation of the best available technology;

9) consumption level and properties of raw materials and resources (including water) used in processes and energy efficiency ;

10) the need to prevent or reduce to a minimum the overall level of negative impact of emissions on the environment and risks to the environment;

11) the need to prevent accidents and minimize negative consequences for the environment;

12) information published by international organizations;

13) industrial implementation at two or more facilities in the Republic of Kazakhstan or outside it.

4. Technological processes, technical, managerial and organizational methods, methods, approaches and practices, in the application of which the prevention or reduction of negative impact on one or several components of the natural environment is achieved by increasing the negative impact on others, cannot be defined as the best available technology. components of the natural environment.

5. Conclusions on the best available techniques are approved by the Government of the Republic of Kazakhstan on the basis of reference books on the best available techniques. Conclusions on best available techniques include the following:

1) conclusions on the best available techniques;

2) a description of the best available techniques;

3) information necessary to assess the applicability of the best available techniques;

4) emission levels associated with the application of the best available techniques;

5) other technological indicators related to the use of the best available techniques, including the levels of consumption of energy, water and other resources;

6) monitoring requirements related to the application of the best available techniques;

7) requirements for remediation .

The emission levels associated with the use of the best available techniques are defined as the range of emission levels (concentrations of pollutants) that can be achieved under normal operating conditions of the facility using one or more of the best available techniques described in the conclusion on the best available techniques, taking into account averaging for a certain period of time and under certain conditions. The BAT conclusions also describe the conditions under which emission levels at the lower end of the range can be achieved.

Other technological indicators associated with the use of the best available techniques, including the levels of consumption of energy, water and other resources, are defined as the range of values that can be achieved under normal operating conditions of the facility using one or more of the best available techniques described in the conclusion on the best available techniques.

6. The Government of the Republic of Kazakhstan determines the procedure for the development, application, monitoring and revision of handbooks on the best available techniques (hereinafter referred to as the rules for the development, application, monitoring and revision of handbooks on the best available techniques) and approves handbooks on the best available techniques.

Handbooks of best available techniques are developed on the basis of the following principles:

1) openness and transparency of the process of developing handbooks on the best available techniques based on the participation and parity of interests of all interested parties;

2) obligatory participation of representatives of the public, independent domestic and foreign experts with the necessary knowledge and experience in the relevant areas of application of the best available techniques;

3) focus on the best world experience;

4) cyclicality, dynamism and advanced development;

5) wide coverage of public opinion, including the obligation to hold public hearings;

6) the need to reach a consensus of all interested parties.

The first step in the development and/or revision of BAT guides is to conduct a comprehensive technology audit, the rules for which are included in the rules for the development, application, monitoring and revision of BAT guides.

A comprehensive technological audit is a process of expert evaluation of the techniques used at enterprises (technologies, methods, methods, processes, practices, approaches and solutions) aimed at preventing and (or) minimizing negative anthropogenic impact on the environment, including by collecting relevant information and/or site visits that fall within the scope of best available techniques.

A comprehensive technology audit and monitoring of the implemented best available techniques for effectiveness and relevance is carried out by the organization that performs the functions of the Bureau of Best Available Techniques.

7. The organization that performs the functions of the Bureau for the best available techniques is a subordinate organization of the authorized body in the field of environmental protection.

The tasks of the Bureau of Best Available Techniques include:

1) interaction with the authorized body in the field of environmental protection and other state bodies on the development and updating of reference books on the best available techniques;

2) information and analytical support for the development of reference books on the best available techniques and the implementation of the best available techniques;

3) informing interested state bodies, organizations and the public on the development of reference books on the best available techniques and providing them with consulting support in the field of best available techniques;

4) participation in the preparation of proposals for the improvement of regulatory legal acts in the field of the best available techniques;

5) providing organizational, methodological and expert-analytical support for the activities of the authorized body in the field of environmental protection and technical working groups on the development of reference books on the best available techniques, on the transfer of modern technologies and their adaptation in the Republic of Kazakhstan.

8. Handbooks of best available techniques include:

1) general information about a specific application, including a description of the industry, part of the industry, type of activity, processes and techniques;

2) a description of the main environmental issues specific to the application, including current emission levels, as well as consumption of energy and water resources;

3) methodology for determining the best available technique;

4) a description of existing techniques for a specific application that are proposed for consideration in order to determine the best available techniques;

5) methods used in the implementation of technological processes to reduce their negative impact on the environment and do not require technical re-equipment, reconstruction of an object that has a negative impact on the environment;

6) assessment of the benefits of implementing the best available techniques for the environment;

7) data on limitations in the application of the best available technology;

8) economic indicators characterizing the best available technology;

9) information about the latest technologies in respect of which research and development work is being carried out or their pilot industrial implementation is being carried out;

10) other information relevant to the practical application of the best available technology;

11) a conclusion containing conclusions on the best available techniques, including technological indicators associated with the use of such best available techniques;

12) additional comments and recommendations from the technical working group for further work on the handbook.

9. When developing guides on best available techniques, the best world experience in this area is taken into account, including similar and comparable directories officially used in the states that are members of the Organization for Economic Cooperation and Development, taking into account the need for reasonable adaptation to the climatic and environmental conditions of the Republic of Kazakhstan, which determine the technical and economic availability of the best available techniques in specific areas of their application.

10. Revision of handbooks on best available techniques is carried out every eight years after the approval of the previous version of the relevant handbook and solely in order to reduce the negative impact on the environment, improve resource efficiency , promote the transition of the Republic of Kazakhstan to a "green" economy and low-carbon development, taking into account scientific and technological development and increasing the level of technical and (or) economic accessibility of certain techniques.

11. The introduction of the best available technology is a time-limited process of implementing measures for the design, construction of new or reconstruction, technical re-equipment (modernization) of existing facilities, including by installing new equipment, on the application of methods, methods, processes, practices, approaches and solutions maintenance, operation, management and decommissioning of such facilities. At the same time, these measures in the aggregate should ensure the achievement of a level of environmental protection not lower than the indicators associated with the use of the best available techniques described in published reference books on the best available techniques.

Article 114. Application for an integrated environmental permit

1. An application for obtaining a comprehensive environmental permit is submitted electronically to the authorized body in the field of environmental protection and must contain:

1) name, organizational and legal form of a legal entity or surname, name, patronymic (if it is indicated in an identity document) of an individual entrepreneur; its business identification number;

2) name and location of the object;

3) type of main activity, types and volume of manufactured products (goods);

4) a description of the current state of the territory where the construction, reconstruction and (or) operation of the facility is planned;

5) a description of the techniques used or proposed for use at the facility in order to prevent or reduce the level of its negative anthropogenic impact on the environment, including calculations and justification of technological standards proposed by the operator for inclusion in the integrated environmental permit;

6) a comparative description of the technique used or proposed for use with the best available techniques given in the conclusions on the best available techniques for the respective areas of their application;

7) mandatory environmental conditions proposed for inclusion in the integrated environmental permit in relation to the stages of construction, operation and post- utilization of the facility, which must comply with the requirements of the environmental legislation of the Republic of Kazakhstan and the conclusions of the conclusion based on the results of the environmental impact assessment;

8) information on the use (consumption) of raw materials, water, electrical and thermal energy;

9) information about the expected permits and notifications that the operator needs to obtain or submit in order to carry out activities for the construction and operation of the facility;

10) for operating facilities:

information about accidents and incidents that occurred at the facility over the previous seven years, resulting in environmental pollution or environmental damage;

information on the implementation of the environmental efficiency improvement program (if any).

2. The application form for obtaining an integrated environmental permit and the procedure for filling it out are established by the rules for issuing environmental permits.

3. An application for an integrated environmental permit shall be accompanied by:

1) in relation to the planned activity – project documentation for the construction and (or) operation of facilities;

1-1) a conclusion on the results of an environmental impact assessment or a conclusion on the results of screening the impacts of the planned activity, containing a conclusion that there is no need to conduct a mandatory environmental impact assessment;

2) substantiation of technological standards and draft emission standards together with environmental assessment materials according to a simplified procedure;

3) draft waste management program;

4) draft program of industrial environmental control;

5) for existing objects of category I, if they cannot comply with technological indicators related to the use of the best available techniques, - a draft program for improving environmental efficiency, developed in accordance with Article 119 of this Code;

6) draft standards for the placement of sulfur in open form on sulfur pads (during operations for the exploration and (or) production of hydrocarbons).

4. At the request of the operator of the facility, the authorized body in the field of environmental protection, other state bodies and subordinate organizations are obliged to provide him with access to all environmental information at their disposal in relation to the territory affected by the construction and (or) operation of the facility, in the manner established the legislation of the Republic of Kazakhstan.

Footnote. Article 114 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 115. Procedure for considering an application for an integrated environmental permit

1. An application for an integrated environmental permit is subject to consideration provided that the form and content of the submitted materials comply with the requirements of this Code.

2. Within five working days from the date of registration of an application for an integrated environmental permit, the authorized body in the field of environmental protection checks it for completeness and completeness. During the specified period, the application is accepted for consideration or rejected in case of submission of an incomplete package of documents and (or) incomplete information indicating the reasons for returning such an application.

If the application for a comprehensive environmental permit contains all the required information and attached documents, the authorized body in the field of environmental protection conducts a state environmental review of project documentation for the construction and (or) operation of category I facilities in accordance with subparagraph 1) of paragraph 1 of Article 88 of this Code and within the period specified in part one of this paragraph, sends the application accepted for consideration with the documents attached to it to its structural divisions, as well as to the following interested state bodies to receive comments and proposals from them regarding mandatory environmental conditions to be included in integrated environmental permit, within their competence:

1) to the state body in the field of sanitary and epidemiological welfare of the population;

2) to the authorized body that regulates in the relevant industry to which the object belongs;

3) to other authorized state bodies, whose competence includes the issuance of permits necessary for the implementation of activities for the construction and operation of the facility;

4) to the local executive body of the region, cities of republican significance, the capital, on whose territory the object is located or will be located.

If the object is located or will be located within the territories of two or more regions, cities of republican significance, the capital, the application with the attached documents must be sent to each relevant local executive body;

5) with the assistance of the Ministry of Foreign Affairs of the Republic of Kazakhstan - to the state, on the state of the environment of which the construction and (or) operation of the facility may have a significant adverse impact, if the need for transboundary procedures to make decisions on permitting such activities is provided for by international treaties of the Republic of Kazakhstan or established in conclusion based on the results of the environmental impact assessment.

3. The complex environmental permit may include permits issued by other state bodies, if the procedure for combining the relevant state services on the principle of "one stop shop" is determined by joint orders of the authorized body in the field of environmental protection and the relevant authorized state bodies.

4. Within twenty-five working days from the date of receipt of the application, the interested state bodies specified in subparagraphs 1) - 5) of paragraph 2 of this article must submit their conclusions regarding the mandatory environmental conditions to be included in the integrated environmental permit.

5. The conclusions of the interested state bodies received by the authorized body in the field of environmental protection after the expiration of the period specified in paragraph 4 of this article shall not be sent to the applicant and taken into account when making a decision on the application.

6. If there are comments on the application for an integrated environmental permit and (or) documents attached to it at the stage of the state environmental review, the authorized body in the field of environmental protection sends such comments to the applicant within twenty-five working days after the application is accepted for consideration.

The submitted comments must be eliminated by the applicant within ten working days from the day the comments were sent. If the remarks are not eliminated within the specified period, the applicant is given a reasoned refusal to issue an integrated environmental permit.

Within ten working days after the applicant eliminates all comments and receives conclusions from the interested state bodies, the authorized body in the field of environmental protection prepares a draft integrated environmental permit with the involvement of internal and (or) external experts, taking into account the comments and suggestions received, as well as the position of the applicant and sends such a draft to the applicant. The applicant submits its position on the submitted draft integrated environmental permit within five working days.

Within five working days from the date of receipt of the applicant's position, if the applicant approves the draft integrated environmental permit, an integrated environmental permit is issued.

Disagreements arising under the conditions included in the draft integrated environmental permit shall be resolved by the expert commission in the manner prescribed by Article 74 of this Code.

Article 116. Consultations with the affected foreign state

1. In the case specified in subparagraph 5) of part two of paragraph 2 of Article 115 of this Code, if the affected foreign state presents its position regarding the issuance of an integrated environmental permit upon application, the authorized body in the field of environmental protection, with the assistance of the Ministry of Foreign Affairs of the Republic of Kazakhstan, must hold consultations taking into account the provisions of international treaties ratified by the Republic of Kazakhstan.

2. The term for consideration of an application for an integrated environmental permit shall be suspended until the completion of consultations with the affected state.

Article 117. Issuance of an integrated environmental permit

1. Within five working days after receiving the applicant's response or the results of the consideration of disagreements in accordance with part five of paragraph 6 of Article 115 of this Code , the authorized body in the field of environmental protection makes a decision to issue an integrated environmental permit or to refuse to issue it.

2. The authorized body in the field of environmental protection refuses to issue a comprehensive environmental permit in the following cases:

1) establishing the unreliability of the documents submitted by the applicant for obtaining an integrated environmental permit, and (or) the information contained in them;

2) non-compliance of the documents submitted by the applicant for obtaining an integrated environmental permit, and (or) the information contained in them with the requirements of the environmental legislation of the Republic of Kazakhstan and (or) the conclusion based on the results of the environmental impact assessment or the conclusion on the results of screening of the impacts of the proposed activity, containing a conclusion about no need to conduct a mandatory environmental impact assessment;

3) disagreement of the applicant with the terms of the integrated environmental permit, determined by the authorized body in the field of environmental protection in the manner prescribed by Article 115 of this Code.

3. If there are no grounds for refusal, the authorized body in the field of environmental protection issues an integrated environmental permit to the applicant within one working day after the adoption of the relevant decision.

4. A copy of the issued integrated environmental permit is posted on the Internet resource of the authorized body in the field of environmental protection.

5. Operators of facilities are required to comply with the environmental conditions provided for by the integrated environmental permit, and are liable in accordance with the laws of the Republic of Kazakhstan for non-compliance with them or carrying out activities without an integrated environmental permit.

Article 118. Revision of the integrated environmental permit

1. An integrated environmental permit is subject to revision in part or in full in the following cases:

1) introduction by the operator of significant changes to the planned or ongoing activities, requiring an environmental impact assessment in accordance with subparagraphs 3) and 4) of paragraph 1 of Article 65 of this Code;

2) approval of a new opinion on best available techniques in connection with the adoption of a new guide to best available techniques for their respective areas of application, which establishes the requirements that the facility in respect of which such an integrated environmental permit has been issued does not comply;

3) making changes to the program for improving environmental efficiency in accordance with this Code.

2. The operator is obliged to submit an application for revision of the integrated environmental permit in the cases provided for in paragraph 1 of this article, no later than:

1) six months before the expected date of commencement of the implementation by the operator of significant changes in the ongoing activities;

2) within three months from the date of approval of a new conclusion on the best available techniques in the relevant areas of their application in accordance with subparagraph 2) of paragraph 1 of this article.

3. A partial revision of the integrated environmental permit is carried out in the case when the necessary changes affect certain environmental conditions and (or) the standards of permissible anthropogenic impact on the environment, without the need to revise other unaffected conditions of the integrated environmental permit. A partial revision of the integrated environmental permit is carried out by issuing an application to the integrated environmental permit containing the required changes and (or) additions.

The procedure and terms for revision (full or partial) of integrated environmental permits are determined by the rules for issuing environmental permits.

4. The revision of the integrated environmental permit and the introduction of amendments to it may also be carried out at the initiative of the operator.

5. Changes made to the integrated environmental permit that do not affect the environmental conditions contained therein do not require revision of the integrated environmental permit and are carried out by reissuing it.

Article 119. Environmental Efficiency Program

1. If it is impossible to comply with emission standards (when the state introduces more stringent environmental quality standards or environmental quality targets) and (or) technological standards by operators of existing facilities of category I, for the period of achieving such standards, a program to improve environmental efficiency is mandatory developed in as an annex to the integrated environmental permit.

2. The program for improving environmental efficiency includes:

1) the deadlines by which technological standards must be achieved;

2) the deadlines by which emission standards must be achieved (when the state introduces more stringent environmental quality standards or environmental quality targets);

3) a schedule of planned activities for the reconstruction, re-equipment, modernization of an object of category I, aimed at achieving technological standards, emission standards (hereinafter - the schedule of planned activities);

4) if it is possible to achieve step-by-step technological standards, emission standards in accordance with design solutions - a schedule for achieving indicators of a phased reduction in the negative impact on the environment, which is determined in relation to the deadlines for completing the relevant sets of measures for reconstruction, re-equipment, modernization of the facility.

The schedule of planned activities is determined with a breakdown for each calendar year of the implementation of the program to improve environmental efficiency.

If the program for improving environmental efficiency provides for a phased reduction in the negative impact on the environment, the schedule of planned activities is determined separately for each set of activities that ensures the achievement of each relevant indicator of the phased reduction of the negative impact on the environment.

In the schedule of planned activities, and in the case provided for by part three of this paragraph, also separately for each set of activities, the deadlines for completing key activities are additionally determined. Key activities include the delivery of the main process equipment to the site, construction and installation works, commissioning and commissioning. Additional key activities may be identified in the environmental performance improvement program.

3. The operator of the facility has the right to submit to the authorized body in the field of environmental protection an application for revising the integrated environmental permit in terms of the schedule of planned activities, if this does not affect the established deadlines for achieving emission standards, technological standards, and in the case provided for in subparagraph 4) of part one paragraph 2 of this article, - for the terms of achieving the indicators of a gradual reduction of the negative impact on the environment.

The postponement of the implementation of individual activities is carried out once within the period of implementation of the corresponding set of activities, but not more than one year. At the same time, the extension of the total period of the environmental efficiency improvement program is not allowed.

4. Measures aimed at ensuring the operation of buildings, structures, equipment, devices of environmental significance necessary to ensure compliance with environmental requirements that the facility had to comply on the date of filing an application for an integrated environmental permit are not subject to inclusion in the program for improving environmental efficiency.

5. The term for the implementation of the environmental efficiency improvement program cannot exceed four years and is not subject to extension.

6. The environmental performance improvement program is developed in accordance with the rules for issuing environmental permits. Conducting public hearings on the draft program for improving environmental efficiency, including in the event of a complete or partial revision of such a program previously agreed with the authorized body in the field of environmental protection, is mandatory.

7. The authorized body in the field of environmental protection carries out annual monitoring of the implementation of the environmental efficiency improvement program in accordance with the rules for issuing environmental permits.

Operators of facilities that have received integrated environmental permits subject to the implementation of an environmental efficiency improvement program annually submit to the authorized body in the field of environmental protection a report on the implementation of such a program in the form established by the rules for issuing environmental permits.

The operator, within a period of not more than two working days after the start and completion of each key event, notifies the authorized body in the field of environmental protection in writing.

In case of non-fulfillment or incomplete fulfillment of any activity in the calendar year of the implementation of the schedule of planned activities, the authorized body in the field of environmental protection sends an information letter to the operator indicating the amount of unfulfilled obligations of the operator. The operator is obliged to submit an application for revision of the integrated environmental permit in terms of the schedule of planned activities.

In case of violation of the deadline for the implementation of the key event provided for by the schedule of planned activities, the deadline for the implementation of such a stage is extended once in the manner provided for in subparagraph 3) of paragraph 1 of Article 118 of this Code, but not more than for one year.

8. An integrated environmental permit issued subject to the implementation of an environmental efficiency improvement program shall be terminated in the following cases:

1) in case of non - completion of a key event within the extension period provided for by part five of clause 7 of this article;

2) in case of non -achievement of any of the technological standards by more than thirty percent within the time limits set in the program for improving environmental efficiency. If by the relevant deadline the established technological standard is not reached by thirty percent or less, then the period for achieving such a technological standard is extended once for one year;

3) in the case provided for by subparagraph 4) of part one of paragraph 2 of this article, if any of such indicators is not achieved by the deadline set in the schedule for achieving the indicators for the gradual reduction of the negative impact on the environment by more than thirty percent. If by the relevant deadline the established indicator of the gradual reduction of the negative impact on the environment is not achieved by thirty percent or less, then the period for achieving such an indicator is extended once for one year;

4) in case of failure to achieve a technological standard or an indicator of a phased reduction in the negative impact on the environment within the appropriate extension periods provided for in subparagraphs 2) and 3) of this paragraph.

The operator of the facility of category I, within a period of not more than two working days after reaching the technological standard, the indicator of a phased reduction in the negative impact on the environment, notifies the authorized body in the field of environmental protection in writing.

Receipt by the authorized body in the field of environmental protection of a written message from the operator of an object of category I in accordance with part two of this paragraph or failure to receive such a message within the time limits established to achieve the technological standard, an indicator of a phased reduction in the negative impact on the environment, is the basis for the implementation of preventive control with visiting the subject (object) of control.

9. The authorized body in the field of environmental protection, when exercising state environmental control, exercises control over the implementation of programs to improve environmental efficiency.

Paragraph 2. Environmental impact permit Article 120. General provisions on environmental impact permit

1. The presence of an environmental impact permit is mandatory for the construction and (or) operation of objects of category II, as well as for the operation of objects of category I in the case provided for by part two of paragraph 4 of Article 418 of this Code.

2. Persons who, in accordance with the tax legislation of the Republic of Kazakhstan, are payers of the unified land tax, do not receive an environmental permit for impact and do not submit a declaration on the impact on the environment, provided for in paragraph 1 of Article 110 of this Code, for objects used in activities for which a special tax regime applies to peasant or farm enterprises.

3. Environmental impact permits for category I facilities are issued by the authorized body in the field of environmental protection in the case provided for by part two of paragraph 4 of Article 418 of this Code.

Environmental impact permits for objects of category II are issued by local executive bodies of regions, cities of republican significance, the capital.

The distribution of objects of category I, for which an environmental permit for impact is issued, between the authorized body in the field of environmental protection, its structural and territorial subdivisions is established by the authorized body in the field of environmental protection.

4. In relation to an object of category II, individual stationary sources of which are located in the territories of different regions (cities of republican significance, the capital), an application for obtaining an environmental permit for impact can be submitted to any of the local executive bodies of the relevant administrative-territorial units, while local executive bodies of other regions (cities of republican significance, the capital) should be involved in the procedure for issuing an environmental permit for impact as interested state bodies.

5. Environmental impact permits are issued for a period until changes in applied technologies require changes in environmental conditions specified in the current environmental permit, but not more than ten years.

Article 121. Content of an environmental impact permit

1. An environmental impact permit is a standardized document containing:

1) information about its owner (operator), object and types of activities carried out on it;

2) validity period of the environmental impact permit;

3) environmental conditions for the implementation of activities, including:

standards for emissions into the environment;

waste accumulation limits, waste disposal limits (if you have your own landfill);

waste management program;

industrial environmental control program, including requirements for industrial monitoring, including monitoring of the state of soils and groundwater;

action plan for environmental protection for the period of validity of the environmental impact permit;

other requirements for environmental protection specified in the conclusion on the environmental impact assessment (if any).

2. Forms of environmental impact permit forms and the procedure for filling them out are approved by the authorized body in the field of environmental protection.

Article 122. Application for an environmental impact permit

1. An application for obtaining an environmental permit for impact is submitted in the prescribed form in electronic form to the body that issues an environmental permit for impact in accordance with paragraph 3 of Article 120 of this Code.

2. An application for an environmental impact permit shall be accompanied by:

1) in relation to the planned activity - project documentation for the construction and (or) operation of objects of category I or II;

2) a conclusion based on the results of an environmental impact assessment or a conclusion on the results of screening the impacts of the planned activity, containing a conclusion that there is no need to conduct a mandatory environmental impact assessment in the cases provided for by this Code;

3) for types of activities that are not subject to mandatory environmental impact assessment - environmental assessment materials according to a simplified procedure;

4) draft emission standards (for the operation of the facility);

5) draft waste management program (for facility operation);

6) draft program of industrial environmental control (for the operation of the facility);

7) draft plan of measures for environmental protection for the period of validity of the environmental impact permit;

8) draft standards for the placement of sulfur in open form on sulfur pads (during operations for the exploration and production of hydrocarbons).

3. The application form for obtaining an environmental permit for impact is approved by the authorized body in the field of environmental protection.

Footnote. Article 122 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 123. Terms of consideration and issuance of environmental permit for impact

1. The authorized body in the field of environmental protection within a period of not more than five working days from the date of registration of an application for the issuance of an environmental permit for impact, and the local executive body within a period of not more than three working days from the date of registration of an application for the issuance of an environmental permit for impact, study the submitted documents for their completeness and completeness. During the specified period, the application is accepted for consideration or rejected due to incompleteness and (or) incompleteness of the submitted documents.

If the application is rejected due to incompleteness and (or) incompleteness of the submitted documents, the applicant is sent a refusal with a reasoned justification for the reasons for the rejection.

2. Applications accepted for consideration are considered for compliance with the requirements of this Code and, based on the results of consideration, the authorized body in the field of environmental protection within a period of not more than forty-five working days, and the local executive body within a period of not more than thirty working days from the date of registration of the application issue an environmental permission to influence or a reasoned refusal to issue it.

3. If there are comments on the application for the issuance of an environmental impact permit and (or) the documents attached to it, the state bodies issuing environmental impact permits shall send such comments to the applicant within:

twenty-five working days from the date of acceptance of the application for consideration - for objects of category I;

fifteen working days from the date of acceptance of the application for consideration - for objects of category II.

The submitted comments must be eliminated by the applicant within:

ten working days from the date of sending comments - for objects of category I;

five working days from the date of sending comments - for objects of category II.

4. If the remarks are not eliminated within the time limits specified in part two of paragraph 3 of this article, the applicant is given a reasoned refusal to issue an environmental impact permit.

If the comments are eliminated within the time limits specified in part two of paragraph 3 of this article, the applicant is issued an environmental impact permit.

Article 124. Refusal to issue an environmental impact permit

1. The grounds for refusal to issue environmental impact permits are the following cases:

1) the information contained in the application and (or) the documents attached to it are unreliable;

2) the application and (or) the documents attached to it do not comply with the requirements of the environmental legislation of the Republic of Kazakhstan and (or) the conclusion on the results of the environmental impact assessment or the conclusion on the results of screening the impacts of the proposed activity, containing the conclusion that there is no need to conduct a mandatory environmental impact assessment; Wednesday.

2. Disputes and disagreements in connection with the refusal to issue an environmental permit for impact are considered in the manner prescribed by the legislation of the Republic of Kazakhstan.

Article 125. Plan of measures for environmental protection

1. The action plan for environmental protection is an annex to the environmental impact permit and must contain a list of measures aimed at reducing the negative impact on the environment, necessary to ensure compliance with the established emission standards, limits on accumulation and disposal of waste, limits on the placement of sulfur in the open. on sulfur pads (during exploration and (or) production of hydrocarbons).

2. An action plan for environmental protection is developed in accordance with the rules for issuing environmental permits.

3. The operator annually submits a report on the implementation of the environmental protection action plan to the relevant authority that issued the environmental permit.

SECTION 4. ECONOMIC REGULATION OF ENVIRONMENTAL PROTECTION Article 126. Types of mechanisms for economic regulation of environmental protection

The types of mechanisms for economic regulation of environmental protection are:

1) payment for negative impact on the environment;

2) market mechanisms for managing emissions into the environment;

3) environmental insurance;

4) economic stimulation of activities aimed at protecting the environment;

5) market mechanisms for reducing emissions and absorption of greenhouse gases;

6) extended obligations of producers (importers).

Article 127. Payment for negative impact on the environment

1. Payment for the negative impact on the environment is charged for the following types of it:

1) emissions of pollutants into the atmospheric air;

2) discharges of pollutants;

3) waste disposal;

4) open sulfur placement on sulfur pads.

2. Payment for the negative impact on the environment is carried out by the operator of the facility that has a negative impact on the environment.

3. Rates of payment for negative impact on the environment are established by the tax legislation of the Republic of Kazakhstan.

4. Payment for the negative impact on the environment within the limits established in the environmental permit, or the amount of emissions and buried waste declared by the object of category III in the declaration on the impact on the environment, is charged in the manner established by the tax legislation of the Republic of Kazakhstan.

5. Expenses for payment for the burial of solid municipal waste are taken into account when setting tariffs in the manner determined by the legislation of the Republic of Kazakhstan.

Article 128. Market mechanisms for managing emissions into the environment

1. In order to reduce emissions into the environment, the authorized body in the field of environmental protection may introduce market mechanisms by setting limits on emissions into the environment, allocating quotas for emissions into the environment and approving the procedure for trading in quotas and obligations to reduce emissions into the environment.

2. Limits of emissions into the environment - the total standard volume of emissions into the environment, established for a calendar year within a certain territory (water area), under which there is no violation of environmental quality standards.

3. Quota for emissions into the environment - a part of the limit for emissions into the environment allocated to a specific person for one calendar year on a paid or free basis.

Article 129. Ecological insurance

1. The purpose of environmental insurance is to ensure the civil liability of a person to compensate for environmental damage caused by an accident.

2. It is not allowed to operate facilities included in the list of environmentally hazardous types of economic and other activities approved by the authorized body in the field of environmental protection without a contract of compulsory environmental insurance concluded by the operator.

Compulsory environmental insurance is carried out in accordance with the Law of the Republic of Kazakhstan "On Compulsory Environmental Insurance".

3. Voluntary environmental insurance is carried out by individuals and legal entities by virtue of their will. Types, conditions and procedure for voluntary environmental insurance are determined by agreements between insurers and insurers.

Article 130. Economic stimulation of activities aimed at protecting the environment

1. Economic stimulation of activities aimed at protecting the environment is carried out through:

1) application in accordance with the tax legislation of the Republic of Kazakhstan of the coefficient 0 to the rates of payment for negative impact on the environment from the date of receipt of an integrated environmental permit;

2) a guaranteed purchase by the settlement and financial center for the support of renewable energy sources of electric energy produced by energy waste disposal facilities in accordance with the legislation of the Republic of Kazakhstan in the field of supporting the use of renewable energy sources;

3) organization of transfer and adaptation of "green" technologies, as well as assistance in attracting "green" investments;

4) provision of state support measures within the framework of "green" financing on the terms and in the manner established by the laws of the Republic of Kazakhstan;

5) provision of other measures of state support, determined by the laws of the Republic of Kazakhstan.

2. "Green" technologies are understood as environmentally friendly production technologies created on the basis of modern scientific achievements, taking into account the environmental, economic, social aspects of sustainable development, which cover the following areas and are aimed at:

1) production of non-toxic products in a closed cycle "production - disposal - new production";

2) maximizing waste reduction through innovation in technology and consumption patterns;

3) replacement of non-renewable natural resources with alternative renewable sources of raw materials and energy;

4) the introduction of biotechnologies in agriculture, animal husbandry and processing of agricultural products, the production of biological preparations for agriculture;

5) production of energy from renewable energy sources (solar energy, wind energy, hydro -, geothermal energy, biomass, hydrogen), reducing harmful emissions into the atmosphere, increasing the efficiency of fuel use, as well as the energy efficiency of buildings and household appliances;

6) the development of sustainable green spaces with a high absorption effect of greenhouse gases from the environment, aimed at mitigating the effects of climate change;

7) production of building materials that do not contain toxic and carcinogenic substances, using production and consumption waste.

Service operator of "green" technologies - a subordinate organization of the authorized body in the field of environmental protection, providing comprehensive services for maintaining a register of "green" technologies and projects, commercialization and technological business incubation of "green" technologies, assistance in attracting "green" financing, in including investments and grants for the implementation of "green" projects, the implementation of information and analytical, legal, methodological, consulting and expert and analytical support on the issues of the "green economy", the organization of international cooperation and the exchange of experience under the Green Bridge Partnership Program.

For the introduction and implementation of projects of "green" technologies, "green" investments are attracted, including through grants and (or) investments from national development institutions, local budget funds and other sources of other organizations not prohibited by the legislation of the Republic of Kazakhstan.

The rules for recognizing technologies as "green" technologies are approved by the Government of the Republic of Kazakhstan.

3. "Green" financing means investments aimed at the implementation of "green" projects and attracted with the help of such instruments as "green" bonds, "green" loans and other financial instruments determined by the authorized body for regulation, control and supervision of the financial market and financial organizations.

“Green” projects include projects identified on the basis of an approved classification (taxonomy) aimed at improving the efficiency of using existing natural resources, reducing the level of negative environmental impact, increasing energy efficiency, energy saving, climate change mitigation and adaptation to climate change.

The classification of "green" projects to be financed through "green" bonds and "green" loans is developed by the authorized body in the field of environmental protection and approved by the Government of the Republic of Kazakhstan.

"Green" bonds are recognized as a debt instrument with a fixed income for raising money in order to finance the implementation of "green" projects.

"Green" loans are targeted loans aimed at financing the implementation of "green" projects.

SECTION 5. ENVIRONMENTAL DAMAGE Article 131. Environmental damage

1. Environmental damage is recognized as damage caused to the components of the natural environment specified in Articles 133 , 134 and 135 of this Code, if there is no possibility of their natural restoration within a reasonable period of time to the basic state without taking remediation measures .

For the purposes of this section, the damage caused to the components of the natural environment means a directly or indirectly measurable negative change in the state of the components of the natural environment or a measurable deterioration in their consumer properties or useful qualities.

The base state is understood as the state of a component of the natural environment in which it would be if it had not suffered environmental damage.

2. Damage caused to the components of the natural environment specified in Articles 133 , 134 and 135 of this Code shall also be recognized as environmental damage in cases where the negative consequences referred to in paragraph 1 of this Article occur as a result of atmospheric air pollution or the transfer of pollutants from one environment to another.

3. Damage caused to the components of the natural environment specified in Articles 133 , 134 and 135 of this Code, located within specially protected natural areas and objects of the state natural reserve fund, regardless of the nature and scale of the damage caused to these components of the natural environment, is recognized as environmental damage .

4. Damage caused to state-owned natural resources (land, including soil, water, forest resources, subsoil resources, flora and fauna resources), including through their illegal use, seizure, damage or destruction, and not containing signs , specified in Articles 133 , 134 and 135 of this Code, is a property damage that is not related to the concept of environmental damage, and is subject to compensation in accordance with the legislation of the Republic of Kazakhstan on the relevant types of natural resources, as well as the civil legislation of the Republic of Kazakhstan.

Article 132. Environmental harm to human life and (or) health

1. Environmental harm to human life and (or) health is recognized as harm to the life and (or) health of individuals caused as a result of exposure to negative environmental consequences.

2. Environmental harm to human life and (or) health is subject to compensation in accordance with the civil legislation of the Republic of Kazakhstan.

Article 133. Ecological damage to flora and fauna

1. Any damage caused to the components of the natural environment, which has a significant negative impact on the achievement or preservation of a favorable state of animal and plant species and natural areas, is recognized as environmental damage to the animal and plant world.

The significance of the impact specified in part one of this paragraph is assessed taking into account the basic state of the components of the natural environment and other criteria established by the legislation of the Republic of Kazakhstan.

2. Damage to flora and fauna does not include previously identified negative impacts resulting from anthropogenic activities, which were expressly permitted by the authorized state bodies in accordance with the legislation of the Republic of Kazakhstan.

3. The natural area is understood as the area of habitation (growth) and development of a certain type of animal or plant world.

4. The state of natural habitats is understood as the totality of impacts to which a natural habitat and species of animals and plants usually living (growing) within its boundaries are exposed and which in the long term may affect their natural distribution, structure and functionality, as well as the long-term survival of typical species animals and plants on the territory of the Republic of Kazakhstan or within their natural ranges.

The state of the natural habitat will be considered favorable if:

1) its natural boundaries and the territories covered within such boundaries are stable or expanding;

2) there is a specific structure and functions that are necessary for the long-term conservation of the natural range, and their conservation is expected in the foreseeable future;

3) the natural state of common species of animals and plants within the natural range is favorable in accordance with the criteria specified in paragraph 5 of this article.

5. The state of a species of flora and fauna is understood as a set of impacts to which the corresponding species is exposed and which may affect the long-term reproduction and number of populations in the territory of the Republic of Kazakhstan or within the boundaries of the natural range of this species.

The state of a species of flora and fauna is considered favorable if:

1) the dynamics of the abundance of the corresponding species shows that such a species retains its long-term status as a viable component of the natural range;

2) the natural number of species is not declining and is not expected to decline in the foreseeable future;

3) there is a natural area large enough to support populations and its conservation is expected in the long term.

Article 134. Environmental damage to waters

Any damage that has a significant negative impact on the ecological, chemical or quantitative state or ecological potential of surface and (or) groundwater, as defined in the environmental and (or) water legislation of the Republic of Kazakhstan, is recognized as environmental damage to waters.

Article 135. Environmental damage to lands

1. Environmental damage to land is pollution of land as a result of direct or indirect ingress of pollutants, organisms or microorganisms onto the surface or into the composition of the land or soil, which creates a significant risk of harm to public health.

2. Causing environmental damage to lands is also recognized as damage caused in the form of destruction of soils or other consequences that lead to their degradation or depletion, in accordance with the provisions of the land legislation of the Republic of Kazakhstan.

Section 136. Obligation to Eliminate Environmental Damage

1. In accordance with the “polluter pays” principle, a person whose actions or activity caused environmental damage is obliged to fully and at his own expense remediate the components of the natural environment that suffered environmental damage.

Bringing to administrative or criminal liability a person who caused environmental damage does not relieve such a person from civil liability, established by part one of this paragraph.

2. No one has the right to demand or receive monetary compensation for environmental damage, with the exception of reimbursement of expenses incurred by the state, represented by the authorized body in the field of environmental protection, for the implementation of restoration or remediation measures in accordance with paragraph 4 of Article 137 of this Code.

3. In order to bring an individual or legal entity to liability, established by part one of paragraph 1 of this article, the following conditions must be present simultaneously:

1) the possibility of identifying a specific person or persons whose actions or activities caused environmental damage;

2) the possibility of establishing a causal relationship between environmental damage and the actions or activities of the persons specified in subparagraph 1) of this paragraph;

3) environmental damage must be clearly defined and measurable.

4. The authorized body in the field of environmental protection applies to the court with claims for the elimination of environmental damage to individuals and legal entities that may be held liable in accordance with this article.

5. If the person carrying out or has been carrying out activities that resulted in environmental damage has ceased to exist, the responsibility for causing environmental damage shall be assigned to the legal successor of the specified person.

6. When privatizing property complexes belonging to category I or II objects, the state body authorized to carry out privatization ensures compliance with environmental requirements. The privatization of property complexes related to objects of category I or II is carried out taking into account the results of a mandatory check of the state of the components of the natural environment located in the area of possible impact of such an object of category I or II, for the presence of environmental damage, which should be provided for by the privatization plan and carried out with involvement of specialized organizations (accredited laboratories) and participation of the authorized body in the field of environmental protection.

Responsibility for environmental damage caused as a result of an action or activity preceding privatization is borne by the former owner of the privatization object - the state. The distribution or transfer of the obligation to eliminate such environmental damage to the new owner of the privatized property (object) in such cases is possible only with his consent.

7. In the event that the legal successor cannot be identified or has ceased to exist, the obligation to eliminate environmental damage shall be assigned to the person who was at the time of causing environmental damage or, if such infliction was of a long-term nature, at the time of termination of the action or activity that caused environmental damage, the owner or land user of the land plot on which the person who caused environmental damage carried out the relevant actions or activities.

8. If the persons specified in paragraphs 5 and 7 of this article cannot be identified or have ceased to exist, the obligation to eliminate environmental damage shall be borne by the current owner or land user of the land plot on which the person who caused the damage carried out his activities, if the authorized body in the field of environmental protection proved in court that at the time of acquiring the rights to the specified land plot, such owner or land user was aware of the presence of environmental damage caused by actions or activities previously carried out on this land plot.

9. If it is impossible to identify or absent the persons specified in paragraphs 5, 7 and 8 of this article, within three years from the moment of establishing the fact of causing environmental damage, the obligation to eliminate environmental damage is assigned to the state. Carrying out the necessary measures to eliminate environmental damage is organized by the relevant local executive body of the region, city of republican significance, the capital in agreement with the authorized body in the field of environmental protection.

Article 137. Identification of the fact of environmental damage and the person who caused environmental damage

1. In case of detection of environmental damage by the person who caused such damage, such person is obliged:

1) within two hours from the moment of detection, inform the authorized body in the field of environmental protection about the potential fact of causing environmental damage, a preliminary assessment of its nature and scale;

2) no later than one working day after the discovery of the fact of causing environmental damage, start taking all necessary measures aimed at eliminating (stopping) the factors that caused it, as well as controlling, localizing and reducing environmental damage, in order to prevent greater environmental damage or harmful effects on the life and (or) health of the population and the environment;

3) comply with the requirements of the authorized body in the field of environmental protection to eliminate (suppress) the factors that caused environmental damage.

2. The authorized body in the field of environmental protection, if it establishes the fact of environmental damage:

1) take measures to identify the person who is responsible for the elimination of environmental damage in accordance with Article 136 of this Code;

2) within two working days after the identification of the person specified in subparagraph 1) of this paragraph, sends him a notice on the need to develop and agree with the authorized body in the field of environmental protection of the remediation program in accordance with Article 139 of this Code.

3. In case of evasion of the person, who is charged with the obligation to eliminate environmental damage, from the elimination of such environmental damage, the corresponding obligation shall be imposed on such person in a judicial proceeding at the suit of the authorized body in the field of environmental protection.

4. If the person who is responsible for the elimination of environmental damage does not comply with the court decision that has entered into legal force regarding remediation measures within the period established in the court decision, or if such person does not take timely measures to eliminate the consequences or remediation and such a delay leads to further significant environmental damage or significant harm to life and (or) health of people, the authorized body in the field of environmental protection has the right to independently carry out remediation measures and subsequently demand compensation for the costs incurred for the implementation of relevant measures.

5. In order to determine claims for the elimination of environmental damage, the authorized body in the field of environmental protection has the right to involve experts from other state bodies that regulate the use of relevant types of natural resources, as well as accredited laboratories and external independent experts on a contractual basis to study the caused environmental damage, assessment of its nature, scale, as well as the development of possible measures for remediation . The rules for attracting external independent experts, including the qualification criteria for them, are approved by the authorized body in the field of environmental protection.

Article 138. Remediation

1. Remediation is a set of measures to eliminate environmental damage by restoring, reproducing a component of the natural environment that suffered environmental damage, or, if the environmental damage is completely or partially irreparable, replacing such a component of the natural environment.

2. Restoration of a component of the environment is the achievement of the basic state of the disturbed component of the natural environment.

3. The replacement of a component of the natural environment in this article means additional improvements created for protected species of wildlife and their ranges or for another component of the natural environment with similar or similar ecosystem services within the area subject to environmental damage, or within an alternative area, in in accordance with paragraphs 5 and 6 of this article.

4. The person who is charged with the obligation to eliminate environmental damage shall carry out direct remediation of the environmental damage caused, which means measures to restore the components of the natural environment that have suffered environmental damage, or create conditions for their natural restoration within a reasonable time to the basic state.

5. If it is objectively impossible to fully achieve the goals of direct remediation , the person who is entrusted with the obligation to eliminate environmental damage, in addition, in the part in which direct remediation is impossible, carries out alternative remediation , which means measures to protect and improve the environment in the territory of location components of the natural environment that suffered environmental damage, or creates conditions for the restoration of identical components of the natural environment, or performs other environmental protection measures on the territory located as close as possible to the place of environmental damage.

6. The person who is charged with the obligation to eliminate environmental damage, regardless of taking measures for direct and alternative remediation , takes additional measures to improve the territory where the components of the natural environment that suffered environmental damage are located, or the territory located as close as possible to such a territory, in order to replace ecosystem services that are temporarily unavailable due to environmental damage caused in the period from the moment of causing environmental damage to the complete restoration of the disturbed components of the natural environment (compensating remediation ).

7. The authorized body in the field of environmental protection, in the event that it takes measures to remediate environmental damage in accordance with paragraph 4 of Article 137 of this Code, has the right to recover from the person who caused such environmental damage, all expenses incurred by the authorized body in the field of environmental protection for the relevant remediation measures .

In addition to the remediation costs specified in part one of this paragraph, the person who caused environmental damage must reimburse the state for reasonable expenses arising from environmental damage, including the costs of studying and assessing the nature and extent of environmental damage, determining the necessary measures on remediation , associated administrative costs, costs of legal assistance, enforcement proceedings, data collection, monitoring and control over the implementation of remediation measures .

Article 139. Remediation program

1. The remediation program is a list of measures to eliminate the environmental damage caused. Recommendations on the content, timing, procedure for determining remediation measures depending on the nature of environmental damage, as well as the component of the natural environment that suffered environmental damage, are given in the guidance documents approved by the authorized body in the field of environmental protection.

2. The person who is entrusted with the obligation to eliminate the caused environmental damage, within one month from the date of receipt of the notification specified in subparagraph 2) of paragraph 2 of Article 137 of this Code, determines the necessary measures to eliminate such damage and submits for approval to the authorized body in the field of environmental protection remediation program. If there is a need for a longer period for conducting detailed studies necessary to develop a remediation program, taking into account the nature and scale of the environmental damage caused, the above period, in agreement with the authorized body in the field of environmental protection, can be extended up to three months.

3. The authorized body in the field of environmental protection, within ten working days, considers the submitted remediation program, agrees on it or makes appropriate adjustments to it and sends the agreed remediation program to the person responsible for eliminating environmental damage.

4. In the event that the authorized body in the field of environmental protection approves the remediation program or the consent of the person responsible for the elimination of the caused environmental damage with the adjustments of the authorized body in the field of environmental protection, the parties shall approve the said remediation program.

The authorized body in the field of environmental protection, no later than ten working days from the date of approval of the remediation program, is obliged to place it on the official Internet resource.

5. In case of disagreement of the person responsible for the elimination of the caused environmental damage with the adjustments of the authorized body in the field of environmental protection or refusal of such a person to approve the remediation program, the corresponding obligation to approve the remediation program may be assigned to the person responsible for the elimination of the environmental damage caused, in a judicial proceeding at the suit of the authorized body in the field of environmental protection.

Article 140. Implementation of the remediation program

1. If the period for implementing the remediation program exceeds three months, the person responsible for eliminating the environmental damage caused shall send the status report on the implementation of the remediation program to the authorized body in the field of environmental protection at the end of every third month from the moment the program was started and place it on the Internet resource (if available).

The authorized body in the field of environmental protection annually, no later than December 1, posts information on the ongoing remediation on the official Internet resource .

2. Failure to perform or improper performance of the measures provided for by the remediation program within the established time limits, as well as untimely submission of a status report, entails liability under the laws of the Republic of Kazakhstan.

3. Based on the results of the completion of the remediation program , the person responsible for the elimination of the caused environmental damage and the authorized body in the field of environmental protection sign the act of completion of the remediation program . If the activities provided for by the remediation program have not been fully implemented, the authorized body in the field of environmental protection refuses to sign the act of completing the remediation program and agrees on additional deadlines for completing the remediation program .

4. If the implementation of the measures provided for by the remediation program did not lead to the achievement of the goals set by the program to eliminate the environmental damage caused, the person responsible for eliminating the environmental damage caused shall develop an additional remediation program within one month . The order of agreement and approval of the additional remediation program corresponds to the order of agreement and approval of the remediation program.

5. After the completion of the remediation program with the achievement of the goals set by the remediation program to eliminate the caused environmental damage, the person responsible for eliminating the environmental damage caused is responsible for periodic monitoring of the state of the restored components of the natural environment. The procedure, frequency and duration of such monitoring, as well as the reporting procedure, are approved by the authorized body in the field of environmental protection.

6. In the event that, based on the results of the monitoring, it is established that the target indicators of the implemented remediation program or the additional remediation program are not achieved , the person responsible for eliminating environmental damage is responsible for the development and implementation of the additional remediation program .

7. The results of the completed remediation program , as well as the results of monitoring, are subject to mandatory publication on the official website of the person responsible for the elimination of environmental damage, as well as on the website of the authorized body in the field of environmental protection. The publication of these results is carried out at the expense of the person responsible for the elimination of the environmental damage caused.

Article 141. Limitation period for claims related to environmental damage

The limitation period for claims related to the infliction of environmental damage is thirty years and is calculated from the moment of the event, action or inaction that caused the environmental damage. If the environmental damage was of a long-term nature, the limitation period is calculated from the end of the event, action or inaction that caused the environmental damage.

SECTION 6. OBJECTS OF HISTORICAL POLLUTION Article 142. Historical pollution

1. Historical pollution is the accumulated environmental damage caused to waters and (or) lands, which arose as a result of previous activities, including the totality of the impacts of various types of anthropogenic activities, the obligations to eliminate which were not fulfilled or were not fulfilled in full.

2. The objects of historical pollution are recognized as territories and water areas or their separate sections, where historical pollution has been identified, as well as ownerless capital construction facilities and storage or disposal of waste, which are a source of historical pollution.

Article 143. Identification, evaluation and accounting of objects of historical pollution

1. Identification of objects of historical pollution is carried out through an inventory and survey of territories and water areas where anthropogenic activities were carried out in the past and (or) where ownerless capital construction facilities and (or) ownerless waste storage or disposal facilities are located.

2. The rules for identifying, assessing and accounting for objects of historical pollution, including maintaining the state register of objects of historical pollution, are approved by the authorized body in the field of environmental protection, taking into account the requirements of this Code (hereinafter - the rules for identifying, assessing and accounting for objects of historical pollution).

3. Identification and assessment of objects of historical pollution are organized by local executive bodies of districts, cities. By decision of the Government of the Republic of Kazakhstan, the authorized body in the field of environmental protection organizes the identification and assessment of individual objects of historical pollution.

To carry out work on the identification and assessment of objects of historical pollution, the state bodies specified in part one of this paragraph involve organizations licensed to perform work and provide services in the field of environmental protection, in accordance with the legislation of the Republic of Kazakhstan on public procurement.

4. Assessment of the object of historical pollution includes the establishment of:

1) volume or mass of pollutants, wastes by their types;

2) areas of territories and water areas or their sections, on which the object of historical pollution is located, categories and types of lands and waters allowed for use;

3) the level and scope of the negative impact on the environment, including the ability of pollutants to migrate to other components of the natural environment, the possibility of pollution of water bodies, including those that are sources of drinking and domestic water supply, the possibility of new environmental damage and harm to life, and (or) human health;

4) the presence at the site of historical pollution of hazardous substances specified in international treaties to which the Republic of Kazakhstan is a party;

5) the number of people living in the territory, the environment on which is negatively affected by the object of historical pollution;

6) the number of people living in the territory, the environment on which is under the threat of negative impact from the object of accumulated environmental damage.

5. Accounting for objects of historical pollution is carried out by including them in the state register of objects of historical pollution within a period not exceeding thirty working days from the date of receipt by the authorized body in the field of environmental protection from the state bodies specified in paragraph 3 of this article, the results of identifying and evaluating objects historical pollution.

The State Register of Historical Pollution Objects is an electronic data bank that collects information about identified objects of historical pollution, including information on the results of the assessment of objects of historical pollution in accordance with paragraph 4 of this article, their origin, property ownership of objects of historical pollution and the necessary work to eliminate historical pollution. pollution.

Maintenance of the state register of objects of historical pollution at the expense of budgetary funds is organized by the authorized body in the field of environmental protection.

6. Maintenance of the state register of objects of historical pollution includes:

1) consideration of materials for the identification and evaluation of objects of historical pollution;

2) making a decision on inclusion or refusal to include in the state register of objects of historical pollution;

3) categorization of objects of historical pollution;

4) updating information about the object of historical pollution;

5) exclusion from the state register of objects of historical pollution.

7. Categorization of objects of historical pollution is carried out in relation to objects of historical pollution included in the state register of objects of historical pollution.

The categorization of objects of historical pollution is carried out by comparing their impact on environmental safety in order to justify the priority and sequence of work to eliminate historical pollution, as well as the adoption of other urgent measures.

Based on the results of the categorization of objects of historical pollution, the authorized body in the field of environmental protection determines priority objects in respect of which the elimination of historical pollution, as well as the adoption of other urgent measures, must be carried out as a matter of priority, and the sequence of liquidation works in relation to other objects historical pollution included in the state register of objects of historical pollution.

8. The state register of objects of historical pollution is placed in the public domain on the Internet resource of the authorized body in the field of environmental protection.

Article 144. Elimination of historical pollution

1. The liquidation of historical pollution is carried out in relation to objects of historical pollution included in the state register of objects of historical pollution, taking into account the priority and order defined in such a register.

2. Elimination of historical pollution is carried out in accordance with the rules approved by the authorized body in the field of environmental protection.

A report on the work carried out to eliminate historical pollution is published on the Internet resource of the authorized body in the field of environmental protection.

3. Elimination of historical pollution is organized by local executive bodies of districts, cities. By decision of the Government of the Republic of Kazakhstan, the elimination of historical pollution in relation to individual objects is organized by the authorized body in the field of environmental protection.

Works on elimination of historical pollution include carrying out the necessary surveys, including engineering surveys, development of a project for the elimination of historical pollution, its coordination and approval, work on the elimination of historical pollution, control and acceptance of the work performed and further monitoring of the state of the environment.

To carry out work to eliminate historical pollution, the state bodies specified in part one of this paragraph shall involve organizations in accordance with the legislation of the Republic of Kazakhstan on public procurement.

4. Funding for the elimination of historical pollution is carried out at the expense of budgetary funds.

SECTION 7. LIMINATION OF THE CONSEQUENCES OF ACTIVITIES AT FACILITIES THAT HAVE A NEGATIVE ENVIRONMENTAL IMPACT Article 145. General provisions on the liquidation of the consequences of activities at facilities that have a negative impact on the environment

1. After the termination of the operation of objects that have a negative impact on the environment, the operators of the objects are obliged to ensure the elimination of the consequences of the operation of such objects in accordance with the requirements of the legislation of the Republic of Kazakhstan.

2. As part of the liquidation of the consequences of the operation of objects that have a negative impact on the environment, work must be carried out to bring land plots into a condition that ensures the safety of life and (or) human health, environmental protection and is suitable for their further use for their intended purpose, in the manner prescribed by the land legislation of the Republic of Kazakhstan, and also depending on the nature of such objects - on post- utilization of construction sites, liquidation of the consequences of subsoil use, liquidation and conservation of hydrogeological wells, closing of landfills and other places of storage and disposal of waste, including radioactive waste, measures to safe termination of activities for handling nuclear facilities and other works provided for by the laws of the Republic of Kazakhstan.

Article 146. Financing the liquidation of the consequences of the operation of facilities that have a negative impact on the environment

1. Elimination of the consequences of the operation of objects that have a negative impact on the environment is carried out at the expense of the person who is the operator of such an object at the time of termination of the operation of the object.

2. In the cases provided for by this Code, the operator of the facility is obliged to provide financial security for the fulfillment of its obligations to eliminate the consequences of the operation of facilities that have a negative impact on the environment. The provision of such security does not release the facility operator from the obligation to eliminate the consequences of the operation of facilities that have a negative impact on the environment.

Article 147. Financial support of claims for obligations related to the liquidation of the consequences of the implementation of activities

1. Operators of facilities of category I must provide the authorized body in the field of environmental protection with financial security for the fulfillment of their obligations to eliminate the consequences of the operation of such facilities, including with respect to requirements that will arise in the future (hereinafter referred to as financial security).

2. Financial support is carried out in favor of the Republic of Kazakhstan.

3. In case of non-fulfillment (improper fulfillment) by the operator of an object of category I of its obligations to eliminate the consequences of the operation of such an object within the time period established by the laws of the Republic of Kazakhstan, the amount of financial security provided is subject to recovery in favor of the Republic of Kazakhstan by the authorized body in the field of environmental protection, and in this case the corresponding obligations are fulfilled by the state at the expense of the recovered amount.

If the amount of financial security collected in favor of the Republic of Kazakhstan turns out to be insufficient to cover the costs of the relevant project for eliminating the consequences of the operation of a category I facility, the state has the right to receive the missing amount from the property of the operator of the relevant facility.

4. Financial security is provided in the form of:

1) guarantees;

2) pledge of a bank deposit;

3) pledge of property;

4) insurance.

5. Financial support must be provided three years after the commissioning of a Category I facility.

6. Financial security is provided in one of several types of financial security provided for in paragraph 4 of this article, or in their combination at the choice of the operator of the facility of category I, provided that the share of financial security in the form of a pledge of a bank deposit should be:

1) after ten years from the date of commissioning of the facility - at least fifty percent of the total amount of financial security;

2) after twenty years from the date of commissioning of the object - one hundred percent of the total amount of financial security.

7. Subject to compliance with the requirements of paragraph 6 of this article, the operator of an object of category I has the right to replace one type of financial security with another type, except for cases when the authorized body in the field of environmental protection has levied execution on the replaced financial security in accordance with the legislation of the Republic of Kazakhstan.

8. The operator of an object of category I is obliged to ensure the availability of financial security continuously until the full fulfillment of all its obligations to eliminate the consequences of the operation of such an object.

9. The amount of financial security is determined in accordance with the methodology approved by the authorized body in the field of environmental protection, based on the estimated cost of work to eliminate the consequences of the operation of an object of category I and is subject to recalculation every seven years.

10. The cost of work to eliminate the consequences of the operation of a category I facility should include administrative and management costs, as well as costs for:

1) dismantling and demolition of capital structures (buildings, structures, complexes);

2) dismantling and removal of technological equipment;

3) recovery, recycling and (or) disposal of waste;

4) reclamation of disturbed lands;

5) monitoring the quality of surface and ground waters, atmospheric air, soil and vegetation conditions;

6) performance of other works to eliminate the consequences of the operation of an object of category I, provided for by the terms of the integrated environmental permit.

11. Financial security in accordance with this article is not required for:

1) objects of category I, in respect of which the subsoil user has provided security for the fulfillment of obligations to eliminate the consequences of subsoil use or a liquidation fund has been formed in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use;

2) landfills in respect of which the operator of such facilities has formed a liquidation fund in accordance with paragraph 16 of Article 350 of this Code.

12. It is prohibited to operate objects of category I without financial security provided in accordance with this Code, except for the cases provided for in paragraph 11 of this article.

In case of operation of an object of category I without financial support, the authorized body in the field of environmental protection applies to the court with a claim to suspend or prohibit the operation of such an object.

13. The transfer of an object of category I by an operator into the ownership or other legal use of a new operator does not relieve the previous operator from obligations to eliminate the consequences of the operation of the object, eliminate the environmental damage caused during such operation and the availability of financial security until such a new operator provides financial security in accordance with this articles.

14. If, for reasons beyond the control of the operator of an object of category I, the financial security provided by him ceased to meet the requirements of this Code or ceased, such an operator is obliged to provide new financial security within sixty calendar days that meets the requirements of this Code. If such a replacement is not made within the specified period, the operator is obliged to immediately suspend the operation of the corresponding category I facility. The resumption of operation of such an object of category I is allowed only after the provision of financial security that meets the requirements of this Code.

15. The procedure for accounting for the accepted financial security is determined by the authorized body in the field of environmental protection.

Article 148. Application of a guarantee as financial security

1. By virtue of a guarantee provided as financial security in accordance with the requirements of Article 147 of this Code, the guarantor undertakes to answer to the Republic of Kazakhstan within the amount of money determined in accordance with this Code, in case of non-performance (improper performance) by the operator of its obligations specified in paragraph 1 of Article 147 of this Code, within the period established by the laws of the Republic of Kazakhstan.

2. A second-tier bank of the Republic of Kazakhstan, a foreign bank or an organization whose shares are traded on the organized securities market may act as a guarantor. If the guarantor is a foreign bank or an organization whose shares are traded on the organized securities market, such guarantors must meet the conditions for the minimum individual credit rating in foreign currency, determined by the authorized body in the field of environmental protection.

3. The obligation of the bank under the guarantee issued by it in accordance with this article shall be terminated not earlier than the completion of the liquidation of the consequences of the operation of an object of category I.

4. The guarantee is provided in the Kazakh and Russian languages in accordance with the standard form approved by the authorized body in the field of environmental protection.

A guarantee issued by a foreign person may be drawn up in a foreign language with a mandatory translation into Kazakh and Russian, the accuracy of which must be certified by a notary.

5. The authorized body in the field of environmental protection accepts a guarantee agreement concluded in accordance with the civil legislation of the Republic of Kazakhstan as financial security.

To accept the guarantee, the operator of a category I facility submits to the authorized body in the field of environmental protection an application in the form approved by the authorized body in the field of environmental protection, with the guarantee agreement attached.

The authorized body in the field of environmental protection, no later than three working days from the date of registration of the application specified in part two of this paragraph, accepts the guarantee as financial security or refuses to accept it, notifying the applicant in writing or electronically within the same period.

6. The authorized body in the field of environmental protection refuses to accept a guarantee as financial security in one of the following cases:

1) the submitted guarantee agreement does not meet the requirements established by the legislation of the Republic of Kazakhstan;

2) the guarantor does not meet the requirements of paragraph 2 of this Article;

3) the guarantor has not previously fulfilled the requirement of the authorized body in the field of environmental protection to pay the amounts due, except for cases when such a requirement is recognized by the court as illegal in accordance with the legislation of the Republic of Kazakhstan.

Article 149. Application of pledge of a bank deposit as financial security

1. By virtue of a pledge of a bank deposit, the Republic of Kazakhstan (pledge holder) has the right, in case of non-fulfillment (improper fulfillment) by the operator (pledger) of an object of category I, of its obligations specified in paragraph 1 of Article 147 of this Code, within the time period established by the laws of the Republic of Kazakhstan, to receive satisfaction from the amount of the pledged bank deposit, predominantly over other creditors of the operator.

2. The subject of pledge in accordance with this article can only be a bank deposit placed in a second-tier bank of the Republic of Kazakhstan.

3. The deposit can be made in tenge or foreign currency.

4. Re-pledge of a bank deposit that is financial security is prohibited.

5. The procedure for satisfying the claims of the pledgee in the event of liquidation of the operator of an object of category I, which is a legal entity, including its bankruptcy, is regulated by the civil legislation of the Republic of Kazakhstan.

6. The authorized body in the field of environmental protection accepts a pledge of a bank deposit as financial security on the basis of a bank deposit pledge agreement.

To conclude a bank deposit pledge agreement, the operator of a category I facility submits to the authorized body in the field of environmental protection an application in the form approved by the authorized body in the field of environmental protection, with a copy of the bank deposit agreement and a certificate from a second-tier bank on the availability of a bank deposit.

7. A bank deposit pledge agreement is concluded between the operator of an object of category I and (or) a third party as a pledger, an authorized body in the field of environmental protection as a pledge holder and a second-tier bank in accordance with a standard bank deposit pledge agreement as financial security for the fulfillment of obligations on liquidation of the consequences of operation of an object of category I, approved by the authorized body in the field of environmental protection.

8. A bank deposit pledge agreement is concluded within ten business days from the date of receipt of an application from the operator of a category I facility to conclude a bank deposit pledge agreement.

9. The authorized body in the field of environmental protection no later than three working days from the date of conclusion of the bank deposit pledge agreement accepts such an agreement as financial security with the notification of the applicant in writing or electronic form within the same period.

Article 150. Application of pledge of property as financial security

1. By virtue of a pledge of property, the Republic of Kazakhstan (mortgagor) shall have the right, in the event of non-fulfilment (improper fulfillment) by the operator (pledger) of an object of category I, of its obligations specified in paragraph 1 of Article 147 of this Code, within the time period established by the laws of the Republic of Kazakhstan, to levy execution on the pledged property preferentially over other creditors of the operator.

2. The procedure for satisfying the claims of the pledgee in the event of liquidation of the operator of an object of category I, which is a legal entity, including its bankruptcy, is regulated by the civil legislation of the Republic of Kazakhstan.

3. The authorized body in the field of environmental protection accepts property as a pledge as financial security on the basis of a property pledge agreement concluded in accordance with the civil legislation of the Republic of Kazakhstan.

To conclude a property pledge agreement, the operator of a category I facility submits to the authorized body in the field of environmental protection an application in the form approved by the authorized body in the field of environmental protection, with an appraiser's report on the assessment of the market value of the pledged property attached.

4. A property pledge agreement is concluded between the operator of an object of category I and (or) a third party as a pledger and the authorized body in the field of environmental protection as a pledgee in a standard form approved by the authorized body in the field of environmental protection.

A property pledge agreement is concluded within ten working days from the date of receipt of an application from the operator of a category I facility to conclude a property pledge agreement.

The market value of the subject of pledge as financial security is the value determined in the report on the valuation made under the agreement between the appraiser and the pledger in accordance with the legislation of the Republic of Kazakhstan on appraisal activities.

The appraiser's report on the appraisal of the market value of the pledged property must be drawn up no earlier than fifteen calendar days before the date the operator of the Category I facility submits an application to the authorized body in the field of environmental protection to conclude a property pledge agreement.

5. A property pledge agreement is concluded on the condition that the property pledged is insured against loss or damage.

6. The subject of pledge of property as financial security may be any property, with the exception of:

1) life support facilities;

2) seized property;

3) property on which restrictions are imposed by state bodies;

4) property encumbered with the rights of third parties;

5) property seized from civil circulation in accordance with the legislation of the Republic of Kazakhstan;

6) electrical, thermal energy and other types of energy;

7) perishable goods;

8) property rights, with the exception of cases of pledge of a bank deposit in accordance with Article 149 of this Code;

9) property located outside the Republic of Kazakhstan.

7. In case of non-compliance with the conditions established by paragraphs 5 and 6 of this article, the authorized body in the field of environmental protection refuses to conclude a property pledge agreement no later than ten working days from the date of submission by the operator of a category I facility of an application to the authorized body in the field of environmental protection to conclude property pledge agreements.

The authorized body in the field of environmental protection notifies the operator of an object of category I of the refusal to conclude a property pledge agreement no later than one working day from the date of such a decision.

8. When pledging property, the subject of collateral remains with the mortgagor, unless the authorized body in the field of environmental protection decides otherwise.

The mortgagor shall not have the right to dispose of the subject of pledge until the operator of the object of category I fulfills the obligations to eliminate the consequences of operation of the object of category I, secured by the property pledge agreement.

9. Registration of a pledge of property is carried out in accordance with the civil legislation of the Republic of Kazakhstan.

Article 151. Application of an insurance contract as financial security

1. To ensure its obligations to eliminate the consequences of operation of an object of category I, the operator of the object has the right to conclude an insurance contract with an insurance company, by virtue of which non-fulfillment or improper fulfillment by the operator of the object of obligations to eliminate the consequences of operation of an object of category I in the manner prescribed by the legislation of the Republic of Kazakhstan (insured event) entails the payment of the sum insured in favor of the Republic of Kazakhstan (the beneficiary).

2. The authorized body in the field of environmental protection accepts, as financial security, contracts concluded with insurance organizations that have a license for the right to carry out insurance activities.

The insurance contract specified in paragraph 1 of this article is concluded in accordance with the standard insurance contract as financial security for the fulfillment of obligations to eliminate the consequences of the operation of an object of category I, approved by the authorized body in the field of environmental protection in agreement with the authorized body for regulation, control and supervision financial market and financial organizations.

The object of the insurance contract as a financial security is the property interest of the operator of the object of category I, associated with the fulfillment of his obligations to eliminate the consequences of operation of the object of category I.

An insured event under an insurance contract as a financial security is the fact of non-fulfillment or improper fulfillment of obligations to eliminate the consequences of the operation of an object of category I within the period established by this Code.

In order to accept an insurance contract, the operator of an object of category I shall submit to the authorized body in the field of environmental protection an application in the form approved by the authorized body in the field of environmental protection, with an insurance contract attached.

The authorized body in the field of environmental protection, no later than three working days from the date of registration of the said application, accepts the insurance contract as financial security or refuses to accept it, notifying the applicant in writing or electronically within the same period.

3. The authorized body in the field of environmental protection refuses to accept the insurance contract as financial security in one of the following cases:

1) the presented insurance contract does not correspond to the standard insurance contract as financial security for the fulfillment of obligations to eliminate the consequences of the operation of a Category I facility;

2) the insurance company that concluded the insurance contract presented as financial security, on the day of registration of the application for accepting the insurance contract as financial security, did not earlier fulfill the requirement of the authorized body in the field of environmental protection for insurance payment, except for cases when such a requirement is recognized court illegal in accordance with the legislation of the Republic of Kazakhstan.

4. The requirement of the authorized body in the field of environmental protection for insurance payment is subject to unconditional and mandatory execution by the insurance company within two working days from the date of receipt of such a requirement. In case of non-fulfillment or violation of the deadlines for the fulfillment of the specified requirement, the insurance company shall bear responsibility established by the laws of the Republic of Kazakhstan.

SECTION 8. STATE MONITORING OF THE ENVIRONMENT AND NATURAL RESOURCES Article 152. Unified State System for Monitoring the Environment and Natural Resources

1. The unified state system for monitoring the environment and natural resources is a multi-purpose system provided by the state that combines all systems, subsystems and types of monitoring operating in the Republic of Kazakhstan, covering directly or indirectly the issues of environmental protection, protection, reproduction and use of natural resources, protection life and (or) health of people from the impact of harmful factors of the natural and anthropogenic environment, as well as the impact of climate change and predicted impacts of climate change.

2. The unified state system for monitoring the environment and natural resources includes the following elements:

1) participants in the Unified State System for Monitoring the Environment and Natural Resources;

2) systems, subsystems and types of monitoring included in accordance with this Code in the structure of the Unified State System for Monitoring the Environment and Natural Resources;

3) information system "National data bank on the state of the environment and natural resources of the Republic of Kazakhstan".

3. The tasks of the Unified State System for Monitoring the Environment and Natural Resources are:

1) regular monitoring of the state of the environment and natural resources, the processes, phenomena and changes occurring in them, assessment, forecasting and control of such changes;

2) collection, accumulation, storage, accounting, systematization, generalization, processing and analysis of environmental monitoring data and natural resources;

3) ensuring interaction, coordination and information exchange between the participants of the Unified State System for Monitoring the Environment and Natural Resources in order to make managerial and economic decisions, as well as to perform functions within the competence established by the legislation of the Republic of Kazakhstan;

4) providing state bodies, individuals and legal entities with reliable and comparable information on the state of the environment, including the natural environment (its components, natural and natural-anthropogenic objects, natural complexes, biodiversity) and the anthropogenic environment, as well as on harmful factors of the natural and anthropogenic environment that affect the life and (or) health of people and the environment as a whole.

4. The functioning of the Unified State System for Monitoring the Environment and Natural Resources is carried out on the basis of a unified organizational, methodological, metrological and informational approach that ensures comparability of data and compatibility of information resources.

5. The Government of the Republic of Kazakhstan approves the rules for the organization and functioning of the Unified State System for Monitoring the Environment and Natural Resources, which must contain:

1) unified organizational, methodological, metrological and other requirements for the collection, accumulation, storage, accounting, systematization, generalization, processing and analysis of data from the Unified State System for Monitoring the Environment and Natural Resources;

2) the procedure for interaction and coordination of work processes between the participants of the Unified State System for Monitoring the Environment and Natural Resources;

3) the procedure for the formation and functioning of the information system "National data bank on the state of the environment and natural resources of the Republic of Kazakhstan", its structure and sources of information, as well as the rules, levels, procedure and conditions for access to it by participants in the Unified State System for Monitoring the Environment and Natural resources and other state bodies, individuals and legal entities.

6. Coordination of work processes between the participants of the Unified State System for Monitoring the Environment and Natural Resources is carried out by the authorized body in the field of environmental protection.

7. The exchange of information between the participants of the Unified State System for Monitoring the Environment and Natural Resources, including within the framework of the information system "National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan", is carried out free of charge.

8. Observations over the state of the environment and natural resources within the framework of systems, subsystems and types of monitoring included in the structure of the Unified state system for monitoring the environment and natural resources are carried out, including with the use of the Earth remote sensing data.

Footnote. Article 152 as amended by the Law of the Republic of Kazakhstan dated 21.12.2022 No. 167-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 153. Participants of the Unified State System for Monitoring the Environment and Natural Resources

The participants of the Unified State System for Monitoring the Environment and Natural Resources are:

1) the authorized body in the field of environmental protection;

2) specially authorized state bodies;

3) organizations authorized to carry out types of monitoring included in the structure of the Unified State System for Monitoring the Environment and Natural Resources;

4) individuals and legal entities that, in accordance with this Code, are obliged to exercise industrial environmental control.

Article 154. Structure of the Unified State System for Monitoring the Environment and Natural Resources

1. The unified state system for monitoring the environment and natural resources includes the following monitoring systems:

1) environmental monitoring;

2) monitoring of natural resources;

3) special monitoring;

4) meteorological and hydrological monitoring;

5) monitoring of the state of the environment.

2. The rules for the organization and functioning of the Unified State System for Monitoring the Environment and Natural Resources, approved by the Government of the Republic of Kazakhstan, may include additional systems, subsystems and types of monitoring in the structure of the Unified State System for Monitoring the Environment and Natural Resources.

Article 155. National data bank on the state of the environment and natural resources of the Republic of Kazakhstan

1. Accumulation, storage, systematization, integration and provision of automated data exchange, interaction and coordination of work processes between participants in the Unified State System for Monitoring the Environment and Natural Resources, and also automation of providing access to information for individuals and legal entities, shall be implemented through the operation of the information system “National data bank on the state of the environment and natural resources of the Republic of Kazakhstan”.

2. Organization of the creation, functioning, maintenance and operation of the information system “National data bank on the state of the environment and natural resources of the Republic of Kazakhstan”, as well as coordination of all related work processes shall be exercised by the authorized environmental protection body.

3. The information system “National data bank on the state of the environment and natural resources of the Republic of Kazakhstan” should provide integration and automated data exchange of:

1) data banks of systems, subsystems and types of monitoring included in the structure of the Unified State System for Monitoring the Environment and Natural Resources;

2) state cadasters of natural resources;

3) the state cadastre of waste;

4) state climate cadastre;

5) state carbon cadastre;

6) state cadastre of consumption of ozone-depleting substances;

7) register of emissions and transfer of pollutants of the Republic of Kazakhstan;

8) the state register of environmental permits and environmental impact declarations;

9) register of business entities in the field of waste management;

10) the state register of historical pollution objects.

4. The system of software tools within the framework of the information system “National data bank on the state of the environment and natural resources of the Republic of Kazakhstan” enables the data accumulation, storage and processing on a single methodological basis, ensuring automated and efficient data exchange between its various levels, as well as state cadasters, registers, records, data banks of systems, subsystems and types of monitoring included in the structure of the Unified State System for Monitoring the Environment and Natural Resources.

5. Participants of the Unified State System for Monitoring the Environment and Natural Resources shall be liable, as prescribed by the laws of the Republic of Kazakhstan, for the accuracy of the data provided by them within the framework of the information system “National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan”.

Article 156. Conditions for access to the National Data Bank on the state of the environment and natural resources of the Republic of Kazakhstan

1. Access to the information system “National data bank on the state of the environment and natural resources of the Republic of Kazakhstan” shall be provided subject to the following conditions:

1) the authorized environmental protection body, specially authorized state bodies and organizations authorized to conduct the types of monitoring included in the structure of the Unified State System for Monitoring the Environment and Natural Resources, have the right of unrestricted access to all information (primary data and information products) with the possibility of familiarization, copying and reproduction;

2) individuals and legal entities have the right of unrestricted access to all information products with the possibility of familiarization, copying and reproduction, with the exception of information constituting state secrets, commercial and other secrets protected by law.

2. Primary data shall mean the data obtained from the results of monitoring types and not subjected to generalization, processing or analysis. Raw production monitoring data, including the data obtained from the automated system for monitoring emissions into the environment, shall be classified as primary data.

3. Information products shall be understood as information resulting from the generalization, processing and analysis of primary data. Information products comprise analytical reports, certificates, reports, other documents of textual content, cartographic information, statistical forms and accounts, reports on industrial environmental control, as well as other information of an aggregated (statistical) nature.

4. Access to the information system “National data bank on the state of the environment and natural resources of the Republic of Kazakhstan” shall be provided on gratuitous basis.

Article 157. Levels of the Unified State System for Monitoring the Environment and Natural Resources

1. The Unified State System for Monitoring the Environment and Natural Resources is maintained at three levels:

1) at the local level, production monitoring, public monitoring and types of monitoring are carried out, organized by local executive bodies in specific areas of settlements, lands outside settlements, surface and underground water bodies, in specially protected natural areas;

2) at the regional level, types of monitoring are carried out within the administrative-territorial units, taking into account the physical, geographical and economic specifics of the regions, the presence of environmentally loaded zones and a complex of natural and anthropogenic factors that affect the state of the environment and the use of natural resources;

3) at the republican level the monitoring covers the entire territory of the Republic of Kazakhstan with the prominence, if necessary, of large regions and individual objects of national significance.

2. Activities in monitoring the environment and natural resources at all levels shall be carried out in compliance with the requirements established by the legislation of the Republic of Kazakhstan in the field of technical regulation, on ensuring the uniformity of measurements and on accreditation in the field of conformity assessment.

Article 158. Financing of the Unified State System for Monitoring the Environment and Natural Resources

1. The unified state system for monitoring the environment and natural resources shall be financed from budgetary funds and other sources not prohibited by the legislation of the Republic of Kazakhstan.

2. Financing of the Unified State System for Monitoring the Environment and Natural Resources at the expense of budgetary funds shall be focused on pursuit of the following activities:

1) creation and maintenance of the monitoring system functioning at the republican level;

2) creation of scientific and technical products to support the operation and development of systems, subsystems and types of monitoring, implementation of scientific and technical programs;

3) creation and maintenance of the monitoring system operation at the territorial level, creation of scientific and technical products for the purpose of its development;

4) creation and maintenance of the operation of the information system "National data bank on the state of the environment and natural resources of the Republic of Kazakhstan".

Article 159. Environmental monitoring

1. Environmental monitoring is a state-provided comprehensive system of observations, measurements, collection, accumulation, storage, accounting, systematization, generalization, processing and analysis of the obtained data relating to the environment quality, as well as the production of environmental information based on them.

2. Environmental monitoring shall be carried out on a systematic basis for the purposes of:

1) assessment of the environment quality;

2) determination and analysis of anthropogenic and natural factors of environmental impact;

3) forecast and control of changes in the state of the environment under the influence of anthropogenic and natural factors;

4) information support of state bodies, individuals and legal entities in making economic and management decisions aimed at protecting the environment, ensuring environmental safety and environmental foundations for sustainable development;

5) ensuring the right of all individuals and legal entities to access to environmental information.

3. The environmental monitoring objects are:

1) facilities specified in subparagraphs 2) - 8) of paragraph 6 of Article 166 of this Code;

2) groundwater quality;

3) the impact of categories I and II facilities on the environment;

4) the state of ecological systems and the ecosystem services they provide;

5) specially protected natural territories, including the natural course of natural processes and the impact of changes in the state of the environment on the ecological systems of specially protected natural territories;

6) the impact of climate change;

7) wastes and their management.

4. Environmental monitoring shall be based on:

1) observations and measurements conducted by the authorized environmental protection body and (or) specially authorized organizations in accordance with this Code;

2) observations and measurements conducted by specially authorized state bodies, other state bodies and organizations within their competence, determined by the laws of the Republic of Kazakhstan;

3) official statistical information produced in accordance with the legislation of the Republic of Kazakhstan in the field of state statistics;

4) information provided by state bodies at the request of the authorized environmental protection body or within the framework of the Unified State System for Monitoring the Environment and Natural Resources, as well as placed by state bodies in the public domain;

5) observations and measurements carried out by individuals and legal entities within the framework of mandatory industrial environmental control;

6) other information received by the authorized environmental protection body from state and non-state legal entities.

5. Persons who, in accordance with this Code, are obliged to perform industrial environmental control, shall ensure the collection, accumulation, storage, accounting, processing and free transfer of relevant data to the authorized environmental protection body for the environmental monitoring purposes.

6. Within the environmental monitoring, the authorized environmental protection body shall also collect and prepare data in fulfillment of the obligations of the Republic of Kazakhstan to provide environmental information in accordance with international treaties of the Republic of Kazakhstan.

Article 160. Monitoring of natural resources

1. Monitoring of natural resources is a set of systems, subsystems and types of monitoring of the state of natural resources types, organized by specially authorized state bodies in accordance with the laws of the Republic of Kazakhstan.

2. Monitoring of natural resources shall include:

1) monitoring of lands, conducted in accordance with the land legislation of the Republic of Kazakhstan;

2) state monitoring of water bodies, conducted in accordance with the water legislation of the Republic of Kazakhstan;

3) state monitoring of subsoil resources, conducted in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use;

4) state monitoring of forests, conducted in accordance with the forest legislation of the Republic of Kazakhstan;

5) monitoring of wildlife, conducted in accordance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife;

6) state monitoring of flora, conducted in accordance with the legislation of the Republic of Kazakhstan in the field of protection, conservation, restoration and use of flora.

3. Monitoring data of natural resources shall be summarized in the relevant state cadasters in accordance with the legislation of the Republic of Kazakhstan.

Footnote. Article 160 as amended by the Law of the Republic of Kazakhstan dated 02.01.2023 No. 184-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 161. Types of special monitoring

1. Special monitoring shall include the following types:

1) monitoring of military test sites - a system for monitoring environmental pollution caused by the testing of military equipment, including missiles, and weapons on the territory of closed and operating military test sites;

2) monitoring of the Baikonur rocket and space complex - a system for monitoring the state of the environment in the territories affected by the rocket and space activities of the Baikonur complex, whose operation is organized by the authorized body in the field of space activities;

3) sanitary and epidemiological monitoring, conducted in accordance with the legislation of the Republic of Kazakhstan in the field of healthcare;

4) monitoring of the environmental situation in the ecological emergency zones and ecological disaster zones, conducted in accordance with Article 410 of this Code;

5) space monitoring - a system for observing the state of the environment using means of remote sensing of the Earth from space, the organization of the operation of which is conducted by the authorized body in the space activities in accordance with the legislation of the Republic of Kazakhstan in the field of space activities.

2. The organization of the types of special monitoring specified in subparagraphs 1) and 4) of paragraph 1 of this article shall be conducted by the authorized environmental protection body.

SECTION 9. ACTIVITIES IN METEOROLOGICAL MONITORING, HYDROLOGICAL MONITORING AND ENVIRONMENTAL MONITORING Chapter 10. GENERAL PROVISIONS Article 162. Meteorological monitoring

1. Meteorological monitoring is an activity in the field of meteorology, including observations, collection, processing, analysis, storage of data, production of meteorological and agro-meteorological information, including the preparation of meteorological and agro-meteorological forecasts, and provision of this information to state bodies, individuals and legal entities. Meteorological information is primary data obtained from the meteorological observation results, as well as operational, regime, climate and forecast information resulting from the processing and analysis of primary meteorological data.

2. Meteorological monitoring shall be carried out for the purpose of determining the state and development of natural meteorological parameters, atmospheric phenomena and processes in the atmosphere at their interaction with other components of the natural environment and to determine climatic characteristics in order to provide state bodies, individuals and legal entities with weather information, compiling short-term, medium-term , long-term meteorological, agro-meteorological forecasts and storm warnings about the possibility of hazardous and natural meteorological phenomena (including avalanches).

3. Producers of meteorological information are the National Hydrometeorological Service, air navigation service providers, departmental meteorological services of the Armed Forces of the Republic of Kazakhstan, legal entities, as well as individual entrepreneurs engaged in the production of meteorological information.

Article 163. Hydrological monitoring

1. Hydrological monitoring is an activity in the field of hydrology, including observations of the regime and condition of surface water bodies, collection, processing, analysis, storage of data, production of hydrological information, including preparation of hydrological forecasts, and provision of this information to state bodies, individuals and legal entities. Hydrological information is primary data obtained from the results of hydrological observations, as well as regime, operational and forecast information, resulting from processing and analysis of primary hydrological data.

2. Hydrological monitoring shall be conducted on a regular and (or) periodic basis in order to collect data on the state and regime of rivers, lakes, seas, reservoirs, canals, other surface water bodies and also include observations on snow and precipitation routes in the mountains, carried out to determine the snow reserves in the mountainous parts of the river basins.

3. Producers of hydrological information are the National Hydrometeorological Service, legal entities, as well as individual entrepreneurs engaged in the production of hydrological information.

Article 164. Monitoring of the state of the environment

1. Monitoring of the state of the environment is an activity that includes observations, collection, storage, accounting, systematization, generalization, processing and analysis of data, assessment of the state of environmental pollution, production of information on the state of environmental pollution, including forecast information, and provision of the indicated information to state bodies, other individuals and legal entities.

Information on the state of environmental pollution is primary data resulting from monitoring the state of the environment, as well as information resulting from the processing and analysis of such primary data.

Monitoring of the state of the environment shall be conducted on a regular and (or) periodic basis in order to collect data on the state of pollution of individual environmental protection objects.

2. Producers of information on the state of the environment are the National Hydrometeorological Service, legal entities, as well as individual entrepreneurs producing information on the state of environmental pollution.

Article 165. Rights and obligations of producers of meteorological and (or) hydrological information and (or) information on the state of the environment

1. Producers of meteorological and (or) hydrological information and (or) information on the state of the environment shall have the right to:

1) carry out observations and measurements in the field of meteorological and (or) hydrological monitoring and (or) monitoring of the state of the environment, production of information or perform certain works and provide services that constitute these types of monitoring, in accordance with this Code and other laws of the Republic of Kazakhstan;

2) accept payment for the provision of information in accordance with this Code and other laws of the Republic of Kazakhstan or a contract for the provision of services.

2. Producers of meteorological and (or) hydrological information and (or) information on the state of the environment shall be obliged to:

1) comply with the requirements of this Code in the production of meteorological and (or) hydrological information and (or) information on the state of the environment and (or) performance of certain works and provision of services;

2) carry out activities in accordance with the legislation of the Republic of Kazakhstan in technical regulation, on ensuring the uniformity of measurements and on accreditation in the field of conformity assessment.

Producers of meteorological and (or) hydrological information and (or) information on the state of the environment in accordance with the laws of the Republic of Kazakhstan may have other rights and obligations.

3. Producers of meteorological information shall provide on gratuitous basis the received meteorological information to the National Hydrometeorological Service in accordance with the plans for the provision of information approved by the National Hydrometeorological Service in agreement with the producer of meteorological information, which determine the list of meteorological information provided, the timing, type and methods of its provision.

The rules for providing information to the National Hydrometeorological Service shall be approved by the authorized environmental protection body.

4. Activities in the meteorological monitoring shall be carried out in the Republic of Kazakhstan, subject to sending a notification to the authorized environmental protection body in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.

The National Hydrometeorological Service, air navigation service providers, the Armed Forces of the Republic of Kazakhstan shall not be subject to inclusion in the state register of producers of meteorological information, and when they perform activities in the field of meteorological monitoring, the requirement to direct a notification in accordance with the legislation of the Republic of Kazakhstan on permits and notifications shall not apply to them.

The rules for maintaining the state register of meteorological information producers shall be approved by the authorized environmental protection body.

5. Producers of meteorological information must comply with the following requirements:

1) performing state registration as a legal entity or individual entrepreneur;

2) availability on the ownership right or on other legal basis of equipment and measuring instruments required for the implementation of the planned activity;

3) availability of qualified personnel.

6. State control over compliance with the procedure for organizing and conducting meteorological monitoring by meteorological information producers, with the exception of activities of the National Hydrometeorological Service, air navigation service providers, the Armed Forces of the Republic of Kazakhstan, shall be conducted by the authorized environmental protection body in the form of inspection and preventive control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.

Chapter 11. NATIONAL HYDROMETEOROLOGICAL SERVICE Article 166. State monopoly in the field of meteorological, hydrological and environmental monitoring

1. The National Hydrometeorological Service shall ensure monitoring of the state of the environment, meteorological and hydrological monitoring using the state observation network, which includes provision of services of national and international significance, of special purposes and preparation of specialized information.

Activities in meteorological and hydrological monitoring and monitoring of the state of the environment, including provision of services of national and international significance, of special purposes and preparation of specialized information using the state observation network, shall be the state monopoly domain and carried out by the National Hydrometeorological Service, a legal entity established by resolution of the Government of the Republic of Kazakhstan in the organizational and legal form of a republican state enterprise with the right of economic management.

Services of national and international significance – shall be understood as services that are important for the security of the population and the state, sustainable functioning of economy and social sphere, provided with the use of the state observation network.

Special purpose services shall mean the services in meteorological and hydrological monitoring, monitoring of the state of the environment, unrelated to services of national and international significance and provided with the use of data from the state observation network on the basis of non-gratuitous contracts for the services rendering.

Specialized information shall mean targeted information resulting from the provision of special-purpose services using data from the state observation network.

2. The National Hydrometeorological Service shall exercise its activities in accordance with the requirements of instructional guidance documents for conducting meteorological, hydrological monitoring, monitoring of the state of the environment using the state observation network, approved by the National Hydrometeorological Service in agreement with the authorized environmental protection body.

3. The authorized environmental protection body shall organize activities for conducting meteorological and hydrological monitoring, monitoring of the state of the environment, which is associated with provision of services of national and international significance.

Prices for goods (works, services) produced and (or) sold by a state monopoly entity shall be set by the authorized environmental protection body in agreement with the antimonopoly body.

4. Services of national and international significance in the field of meteorological monitoring:

1) surface meteorological, actinometric, agrometeorological, aerological, radar-location, ozonometric observations, collection, processing, storage, analysis of received meteorological data and preparation of storm meteorological information, meteorological and agrometeorological forecasts, meteorological information of general purpose, including directories, bulletins, references, regime information and other meteorological information, as well as providing this information to state bodies, other organizations and individuals in the established procedure;

2) maintenance of the state climate cadastre and the state hydrometeorological fund;

3) provision of meteorological information for international exchange;

4) climate monitoring, including its change.

The state climate cadastre is a systematized set of data based on meteorological information on the totality of atmospheric conditions, including air temperature, cloudiness, atmospheric phenomena, wind direction and speed, precipitation and other atmosphere properties and underlying surface, characteristic of certain territories, and formed basing on a climate database of meteorological data over a multi-year period.

The rules for maintaining the state climate cadastre, as well as composition of the data of the state climate cadastre and the procedure for providing state bodies, other organizations and individuals with its data, shall be approved by the authorized environmental protection body.

State hydrometeorological fund shall mean a set of documented hydrological and meteorological information to be stored in accordance with the legislation of the Republic of Kazakhstan for the purpose of its use.

The rules for maintaining the state hydrometeorological fund shall be approved by the authorized environmental protection body.

5. Services of national and international significance in hydrological monitoring:

1) observations on rivers, lakes (seas), reservoirs, canals and other surface water bodies, collection, processing, analysis of the obtained hydrological data and preparation of hydrological short-term, long-term forecasts, including those with a lead time of five to seven days and the possibility of clarification every three days in the spring season, and issuance of storm warnings about the possibility and fact of the occurrence of dangerous and natural hydrological phenomena;

2) preparation of general-purpose hydrological information, including directories, bulletins, references, as well as providing this information to state bodies, other organizations and individuals in the established procedure;

3) preparation of data for maintaining the state water cadastre under the section "Surface waters" based on the hydrological monitoring findings;

4) provision of hydrological information for international exchange in accordance with the established procedure.

6. Services of national and international significance in the environmental monitoring:

1) observation, collection, processing, analysis of data on the state of pollution of environmental protection objects provided for in subparagraphs 2) - 8) of this paragraph, preparation of general-purpose information on the state of environmental pollution, including bulletins and reference information, as well as provision of state bodies, other organizations and individuals with this information in accordance with the established procedure;

2) monitoring of atmospheric air pollution - a system for monitoring the state of atmospheric air in residential areas;

3) monitoring of atmospheric precipitation pollution - a system for observing the chemical composition of atmospheric precipitation and snow cover in residential areas;

4) monitoring of water pollution - a system of surface water pollution monitoring in coastal zones;

5) monitoring of soil pollution - a system for monitoring pollutants concentrations in the soils of residential areas;

6) radiation monitoring - a system for monitoring man-made and natural radioactive contamination in residential areas;

7) monitoring of transboundary pollution - a system of observations carried out within the framework of international cooperation with border states for the pollution of transboundary surface waters and coastal soils of transboundary rivers;

8) background monitoring - a system for observing the state of the atmosphere and other environment in their interaction with the biosphere using a specialized network of stations for complex background monitoring of the environment;

9) provision of information on the state of the environment for international exchange in the established procedure.

7. The National Hydrometeorological Service represents the Republic of Kazakhstan on issues of hydrological, meteorological activities and activities in monitoring of the state of the environment in cooperation with international organizations, foreign persons and hydrometeorological services of other states, unless otherwise provided by the laws of the Republic of Kazakhstan.

8. The National Hydrometeorological Service is part of the state system of civil protection and undertakes its activities in the event of emergency situations in accordance with the legislation of the Republic of Kazakhstan on civil protection.

Article 167. State observation network

1. The state observation network is a system of interconnected stationary and mobile observation points, which are under the economic jurisdiction of the National Hydrometeorological Service, designed to observe the physical and chemical processes taking place in the environment, determine its meteorological, hydrological characteristics and the state of environmental pollution.

In order to obtain reliable information, security zones shall be established around the stationary observation points of the state observation network.

The procedure for establishing and marking the buffer zones’ boundaries shall be based on the regulation on stationary observation points and observation points for the state of atmospheric pollution of the state observation network, approved by the authorized environmental protection body.

2. On land plots through which run the routes or passage to stationary observation points of the state observation network, servitudes may be established as prescribed by the land legislation of the Republic of Kazakhstan.

3. Land plots of base (reference) stationary observation points of the state observation network shall not be subject to withdrawal. Land plots of stationary observation points can be withdrawn for state needs only in exceptional cases, while the transfer is carried out at the expense of the persons initiating such transfer, in agreement with the authorized environmental protection body and the National Hydrometeorological Service.

4. The base station for observations of the state observation network is an observation point that enables the study of multiyear tendencies in climate change, agrometeorological characteristics, hydrological state of land and sea water bodies, geophysical processes under the influence of changing climatic conditions and economic activity.

5. The number of observation points for the state of atmospheric pollution of the state observation network shall be determined depending on the population, terrain, and the actual pollution level.

6. The location (placement) of newly opened or to be transferred stationary observation points and observation points for the state of atmospheric pollution of the state observation network shall be determined by the decision of the National Hydrometeorological Service in agreement with the authorized environmental protection body and local executive bodies.

The activities of stationary observation points and observation points for the state of atmospheric pollution of the state observation network shall be terminated by the decision of the National Hydrometeorological Service in agreement with the authorized environmental protection body.

Organization of the activities of the state observation network shall be performed by the National Hydrometeorological Service.

7. The state observation network, including land plots and parts of water areas allotted for it, as well as property, shall be exclusively in state ownership, under state protection and shall not be subject to privatization.

Article 168. Financing of the National Hydrometeorological Service

The National Hydrometeorological Service shall be financed at the expense of budgetary funds and other sources in accordance with the current legislation of the Republic of Kazakhstan.

Article 169. Conditions for providing information by the National Hydrometeorological Service

1. The procedure for providing meteorological, hydrological and environmental information shall be governed by the rules for providing information by the National Hydrometeorological Service, approved by the authorized environmental protection body.

2. Provision of hydrometeorological information to the Armed Forces of the Republic of Kazakhstan, the governing bodies of the state civil protection system, the authorized agro-industrial complex development body shall be carried out by the National Hydrometeorological Service as part of the provision of services of national and international significance.

3. The National Hydrometeorological Service shall have the right to provide other services to state bodies using data obtained by observations using the state observation network, as prescribed by the legislation of the Republic of Kazakhstan.

SECTION 10. STATE CADASTRES OF NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN Article 170. General provisions on the Unified system of state cadasters of natural resources of the Republic of Kazakhstan

1. The Unified System of State Cadasters of Natural Resources of the Republic of Kazakhstan (hereinafter the Unified System of Cadasters) is created and maintained as an intersectoral information system that unites all types of state cadasters of natural resources of the Republic of Kazakhstan in order to ensure a unified nationwide comprehensive accounting and assessment of the natural and economic potential of the Republic of Kazakhstan.

2. State cadasters of natural resources are a systematized body of information on the quantitative and qualitative indicators of natural resources and operate in the manner prescribed by this Code and other laws of the Republic of Kazakhstan.

3. The objects of the Unified System of Cadasters are constituent parts of the environment: land, water, forest, soil, subsoil, flora and fauna in their interaction.

4. Maintenance of the Unified System of Cadasters shall be organized by the authorized environmental protection body together with specially authorized state bodies that monitor the relevant types of natural resources based on the data on the state and use of natural resources.

The Unified cadastre system is maintained by a subordinate organization of the authorized body in the field of environmental protection.

The rules for maintaining the Unified System of Cadasters shall be approved by the authorized environmental protection body.

5. The systems of state cadasters of natural resources shall contain digital documentary information on each accounting cadastral object about its condition, indicating the geographical reference and organizational and legal form.

6. The main principles of maintaining the Unified System of Cadasters shall be:

1) unity of technology for processing and providing cadastral information;

2) application of automated information and communication technologies;

3) objectivity of the information replenishment and updating;

4) public availability of information contained in the Unified System of Cadasters, except for information constituting state secrets and other secrets protected by law.

Footnote. Article 170 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 171 Structure and content of the Unified system of cadastres

The structure of the Unified System of Cadasters comprises the following accounting items, monitoring on which shall be conducted by the following specially authorized state bodies and organizations:

1) on the state land cadastre - by the central authorized body in the field of land management and the State Corporation “Government for Citizens”;

2) on the state water cadastre (surface and underground water bodies, use of water resources) - by authorized bodies in state environmental protection, use and protection of the water reserves, the study of subsoil nationwide, and their territorial bodies - within the river basins and administrative-territorial units;

3) on the state forestry cadastre - by the authorized state body in forestry nationwide, and its territorial bodies - within the administrative-territorial units;

4) on the unified cadastre of the state subsoil fund - by the authorized state body for the study of subsoil nationwide, and its territorial bodies - within the administrative-territorial units;

5) on the state cadastre of specially protected natural areas - by the authorized state body in the field of specially protected natural areas nationwide, and its territorial bodies - within the administrative-territorial units;

6) on the state fauna cadastre - by the authorized state body in the field of protection, reproduction and use of the animal world nationwide, and its territorial bodies - within the administrative-territorial units;

7) according to the state cadastre of flora – by the authorized body in the field of protection, conservation, restoration and use of flora as a whole in the republic, and by the territorial bodies of the department of the authorized body in the field of protection, conservation, restoration and use of flora – within administrative-territorial units.

Footnote. Article 171 as amended by the Law of the Republic of Kazakhstan dated 02.01.2023 No. 184-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 172. Provision of information

1. The results of objects accounting and registration obtained within the framework of maintaining natural resources cadasters shall be transferred by specially authorized state bodies to the information system of the authorized environmental protection body on gratuitous basis in accordance with the rules for maintaining the Unified System of Cadasters.

2. Data on an object entered in the Unified System of Cadasters must include:

1) reporting materials, object passport, approved by specially authorized state bodies, and statistical information;

2) cartographic material on the spatial position of the object and other data necessary for a comprehensive assessment of the territory.

3. The authorized environmental protection body shall be obliged to provide access to the information contained in the cadasters to specially authorized state bodies that monitor the relevant types of natural resources.

SECTION 11. ENVIRONMENTAL CONTROL Chapter 12. STATE ENVIRONMENTAL CONTROL Article 173. State environmental control

1. State environmental control is the scope of the authorized environmental protection body’s activity, aimed to ensure compliance by individuals and legal entities with the requirements of the environmental legislation of the Republic of Kazakhstan.

2. State environmental control shall be carried out in the following areas:

1) compliance with the provisions of this Code in the field of environmental protection;

2) compliance with environmental requirements in the field of specially protected natural areas;

3) compliance with environmental requirements during conservation and liquidation of the consequences of subsoil use operations, reclamation of disturbed lands;

4) fulfillment of extended obligations of producers (importers);

5) fulfillment by the operator of the extended obligations of producers (importers) of the requirements defined by this Code;

6) compliance with qualification requirements and rules for pursuing licensed types of activities in the environmental protection, as well as activities in respect of which a notification procedure has been established;

7) compliance by local executive bodies with the requirements of the environmental legislation of the Republic of Kazakhstan for public services rendering in the field of environmental protection.

Article 174. Forms of state environmental control

1. State environmental control shall be conducted in the following forms:

1) preventive control without visiting the subject (object);

2) preventive control with a visit to the subject (object);

3) inspections.

2. The procedure for conducting state environmental control is established by the rules of this Code and the Entrepreneurial Code of the Republic of Kazakhstan.

Forms of documents relating to the organization and conduct of state environmental control, except for cases provided for by the Entrepreneurial Code of the Republic of Kazakhstan, shall be developed and approved by the authorized environmental protection body.

3. Preventive control without visiting the subject (object) under control shall be carried out by the authorized environmental protection body by analyzing data obtained from the media and the automated system for monitoring emissions into the environment, documentation and reporting submitted to the authorized environmental protection body.

Alongside this, the analysis results of publications in the media on violations or risks of violations in environmental protection that directly affect the living conditions of the population in a certain area, including in public places, conclusions based on the post-project analysis results, as well as data from an automated system of monitoring the emissions into the environment on significant excesses of the standards for emissions of pollutants into the environment may be the ground for preventive control and supervision with a visit to the subject (object) under control and supervision or an unscheduled inspection in accordance with paragraph 3 of Article 146 of the Entrepreneurial Code of the Republic of Kazakhstan.

The grounds for conducting preventive control with a visit to the subject (facility) or an unscheduled inspection based on the analysis results of data from the automated system for monitoring emissions into the environment shall be determined by the rules approved by the authorized environmental protection body, which provide for the procedure for processing, transferring, storing and using data from an automated system for monitoring emissions into the environment in accordance with paragraph 4 of Article 186 of this Code.

4. The objectives of preventive control without visiting the subject (object) under control are timely suppression and prevention of violations of the environmental legislation of the Republic of Kazakhstan, providing the subjects under control with the right to independently eliminate violations identified by the authorized environmental protection body based on the findings of preventive control without visiting the subject (object) of control.

5. In the event of violation of the environmental legislation of the Republic of Kazakhstan detected through preventive control without visiting the subject (object) under control by executives of the authorized environmental protection body, exercising state environmental control, an information letter shall be drawn up and directed to the subject of control within ten working days from the date of detected violation.

6. An information letter sent by one of the following methods shall be deemed delivered to the subject of control in the following cases:

1) by mail messenger - from the date of the note in the information letter on receipt;

2) by mail or courier service - from the receipt registration date;

3) electronically - from the date of sending to the electronic address of the subject of control indicated in the letter at the request of the authorized environmental protection body.

7. The subject under control, which received an information letter on the elimination of violations of the environmental legislation of the Republic of Kazakhstan, identified in preventive control without visiting the subject (object) of control, shall be obliged, within ten working days from the day following its delivery date, to submit to the authorized environmental protection body an action plan for eliminating the identified violations with an indication of specific deadlines for their elimination.

8. In case of disagreement with the violations indicated in the information letter, the subject of state environmental control shall have the right to direct objections to the information letter to the authorized environmental protection body within ten working days from the day following the date of receipt of such a letter.

9. Failure to eliminate violations within the established term, identified in preventive control without visiting the subject (object) of control, as well as failure to submit an action plan for eliminating the violations on time shall be grounds for including the relevant subject (object) in the list of preventive control with a visit to the subject (object) of control.

Article 175. Enforcement of orders during state environmental control

1. When a violation of the requirements of the environmental legislation of the Republic of Kazakhstan is revealed, the executives exercising state environmental control shall issue orders to individuals and legal entities to eliminate such a violation.

2. The procedure for drawing up an order and its content are established by the Entrepreneurial Code of the Republic of Kazakhstan.

3. The obligation of the subject under state environmental control to comply with the order to eliminate the identified violations shall be enforced by penalties accrued to the state revenue.

Penalty shall be accrued for each working day in the amount of ten monthly calculation indices for legal entities that are large-sized businesses.

The fine is accrued from the moment of expired minimum period for the execution of the order to eliminate the identified violations, provided for by the Entrepreneurial Code of the Republic of Kazakhstan.

4. The demand for the payment of a penalty fee shall be issued by executives of the state environmental control only in case of delay in the execution of the order to eliminate the identified violations. In the event that the subject of state environmental control fails to pay the accrued penalty interest on a voluntary basis within ten working days from the date of issuing the relevant request, the accrued penalty fee shall be collected by the state environmental control executives through court.

Article 176. Determining economic benefit amount received as a result of breaching the requirements of the environmental legislation of the Republic of Kazakhstan, in the exercise and conduct of state environmental control

1. To exclude and prevent repeated breaches of the environmental legislation requirements of the Republic of Kazakhstan, the executives exercising state environmental control, in cases provided for by the Code of the Republic of Kazakhstan on Administrative Infractions, when conducting state environmental control, shall determine the amount of economic benefit received by the state environmental control subject as a result of breaking the environmental legislation requirements of the Republic of Kazakhstan.

2. The economic benefit received by the state environmental control subject as a result of breaking the environmental legislation requirements of the Republic of Kazakhstan is an advantage to the state environmental control subject in the form of saving funds or receiving income (revenue) as a result of breached requirements of the environmental legislation of the Republic of Kazakhstan.

3. Executives exercising state environmental control, within a month from the date of establishing the fact that the state environmental control subject committed a violation of the environmental legislation requirements of the Republic of Kazakhstan, entailing the imposition of a fine, expressed as a percentage of the economic benefit amount, shall collect and analyze materials, demand from such subject of control the necessary information for this and determine the economic benefit amount received as a result of breached requirements of the environmental legislation of the Republic of Kazakhstan.

4. The amount of economic benefit in the form of receipt by the state environmental control subject of income (revenue) is determined in the event of a negative impact on the environment by an object newly put into operation without an environmental permit or operated without an environmental impact declaration.

In other cases, the economic benefit amount is determined in the form of saving funds by the state environmental control subject as a result of breached environmental legislation of the Republic of Kazakhstan.

The methodology for determining the economic benefit amount received as a result of breaching the environmental legislation requirements of the Republic of Kazakhstan shall be developed and approved by the authorized environmental protection body.

Article 177. Executives exercising state environmental control

1. The executives exercising state environmental control shall include:

1) Chief state environmental inspector of the Republic of Kazakhstan;

2) deputy chief state environmental inspector of the Republic of Kazakhstan;

3) senior state environmental inspectors of the Republic of Kazakhstan;

4) state environmental inspectors of the Republic of Kazakhstan;

5) chief state environmental inspectors of regions, cities of republican status, the capital;

6) senior state environmental inspectors of regions, cities of republican status, the capital;

7) state environmental inspectors of regions, cities of republican status, the capital.

2. The executives indicated in paragraph 1 of this article shall be appointed by the authorized environmental protection body.

The procedure for referring the categories of civil servants of the state environmental control units of the authorized environmental protection body to the executives specified in paragraph 1 of this article shall be determined by the authorized environmental protection body.

3. State environmental inspectors shall be provided in accordance with the established procedure with uniforms (without shoulder straps), service certificates and seals of the established form.

The list of positions of executives entitled to wear uniforms (without shoulder straps), uniform dress types (without shoulder straps), the procedure for wearing them shall be determined by the authorized environmental protection body.

4. Chief state environmental inspector of the Republic of Kazakhstan, chief state environmental inspectors of regions, cities of republican status, the capital shall hold document forms with the image of the State Emblem of the Republic of Kazakhstan and the environmental inspector’s duty title.

Article 178. Rights and obligations of executives exercising state environmental control

1. Executives exercising state environmental control shall have the right:

1) for the preventive control with a visit to the inspection subject (object), if there is an appropriate legal ground, to enter the territory and premises of the inspected object, including with measuring instruments and equipment for sampling, and, if necessary, with the involvement in accordance with the legislation of the Republic of Kazakhstan, of specialists, consultants and experts to carry out the necessary measurements, take samples (including samples of goods and materials) and analyze them;

2) to request and receive from the inspected subjects (objects) the laboratory tests results of samples and other materials necessary to determine the volume of anthropogenic impact on the environment;

3) to bring claims to the court on restriction, suspension and prohibition of the state environmental control subject’s activities, carried out in violation of the environmental legislation requirements of the Republic of Kazakhstan;

4) to identify facts of causing environmental damage and take part in determining measures to eliminate it in accordance with the requirements of this Code;

5) to apply to the prosecutor's office and other law enforcement bodies for assistance to prevent or suppress the actions of violators of the requirements of the environmental legislation of the Republic of Kazakhstan;

6) to take measures provided for by the laws of the Republic of Kazakhstan to revoke, deprive and suspend permits, conclusions, licenses and other approval documents of individuals and legal entities in connection with the breached requirements of the environmental legislation of the Republic of Kazakhstan.

2. In cases provided for by the legislation of the Republic of Kazakhstan, the executives exercising state environmental control shall have the right to store, carry and use special means (specialized means of communication, photo and video gear, measuring tools).

3. Executives exercising state environmental control are obliged to interact with other state bodies, as well as individuals and (or) legal entities on issues of ensuring compliance with the requirements of the environmental legislation of the Republic of Kazakhstan.

Article 179. The procedure for examining a complaint by the appeals commission

1. Before resorting to court, the state environmental control subject shall be entitled to lodge a petition with the appeal commission for examination of a complaint against the inspection findings report.

2. The appeal commission must include representatives of the authorized environmental protection body, the National Chamber of Entrepreneurs of the Republic of Kazakhstan.

3. A complaint against the inspection findings report of the authorized environmental protection body shall be examined by the appeal commission within the issues under appeal.

4. A complaint against the inspection findings report shall be submitted in writing in the manner and within the time frames provided for by the legislation of the Republic of Kazakhstan.

5. The decision of the appeal commission is advisory in nature.

6. The Appeals Commission shall annually summarize the outcomes of examined complaints against the inspection findings report and develop recommendations for improving the legislation of the Republic of Kazakhstan.

7. Resorting of the state environmental control subject to court as prescribed by the laws of the Republic of Kazakhstan, shall entail termination of consideration by the appeal commission of the complaint against the inspection findings report.

A complaint against the inspection findings report, lodged after the state environmental control subject applied to the court as prescribed by the laws of the Republic of Kazakhstan, or after the court ruling enforcement, is not subject to consideration.

Article 180. Ensuring confidentiality of information in the examination of a complaint by the appeals commission

State secrets, information constituting commercial and other secrets protected by law, shall be submitted to the members of the appeal commission at the examination of complaints against the reports of inspections carried out by the authorized environmental protection body, as determined by the authorized environmental protection body, without obtaining a written permission of the complainant.

The above information shall not be subject to disclosure by the members of the Appeal Commission.

Article 181. Openness of state environmental control

1. Individuals and legal entities shall have the right to access information on the state environmental control results.

2. The authorized environmental protection body shall ensure the publication on the official Internet resource of:

1) analytical reports on the level and change of the level of compliance by the state environmental control subjects with the requirements of the environmental legislation of the Republic of Kazakhstan;

2) annual reporting on the state environmental control results;

3) information on the revealed facts of breaching the environmental legislation requirements of the Republic of Kazakhstan at categories I and II facilities, bringing the state environmental control subject to the appropriate administrative, criminal and (or) civil liability, including on the imposed penalties, as well as issuance and enforcement of orders for categories I and II facilities;

4) the list of enterprises that systematically break the environmental legislation of the Republic of Kazakhstan.

The information indicated in subparagraphs 1) - 4) of this paragraph shall not include information about the state environmental control subjects and the facts of breaching the requirements of the environmental legislation of the Republic of Kazakhstan committed by them in cases where the period for judicial appeal by such state environmental control subjects of the relevant act (decision) of a state environmental control official has not expired, or when such entities appeal against acts (decisions) of a state environmental control official, before the relevant court ruling enforcement.

3. On the basis of the relevant judicial act or administrative act, operators of categories I and II facilities shall be obliged to place at their own expense information in the media and on their Internet resources about the facts of their violation of the environmental legislation requirements of the Republic of Kazakhstan, the penalties imposed on them, as well as the undertaken and planned measures to eliminate violations of the environmental legislation requirements of the Republic of Kazakhstan.

4. Information posted on Internet resources in accordance with paragraphs 2 and 3 of this article must be in the public domain for at least one calendar year.

Chapter 13. INDUSTRIAL ENVIRONMENTAL CONTROL Article 182. Purpose and objectives of industrial environmental control

1. Operators of categories I and II facilities shall be obliged to carry out industrial environmental control.

2. The objectives of industrial environmental control are:

1) obtaining information for the facility operator to make decisions regarding the internal environmental policy, control and regulation of production processes that potentially have an impact on the environment;

2) ensuring compliance with the environmental legislation requirements of the Republic of Kazakhstan;

3) minimizing the negative impact of production processes on the environment, life and (or) health of people;

4) enhancing the efficiency of the use of natural and energy resources;

5) prompt anticipatory response to emergency situations;

6) formation of a higher level of environmental awareness and responsibility of managers and employees of the facility operator;

7) public outreach on the environmental activities of the enterprise;

8) improvement of the environmental management system performance.

Article 183. The procedure for conducting industrial environmental control

1. Industrial environmental control shall be conducted by operators of categories I and II facilities on the basis of the industrial environmental control program, which is part of the environmental permit, as well as the program to improve environmental performance.

2. Environmental assessment of the production process efficiency within the framework of industrial environmental control shall be carried out on the basis of measurements and (or) calculations of the emissions level into the environment, harmful production factors, and also the actual consumption volume of natural, energy and other resources.

Article 184. Rights and obligations of the facility operator during the industrial environmental control

1. Operators of categories I and II facilities shall have the right to independently determine the organizational structure of the industrial environmental control service and the responsibility of personnel for its implementation.

2. When conducting industrial environmental control, the facility operator is obliged to:

1) comply with the industrial environmental control program;

2) implement conditions of the industrial environmental control program and submit reports on the industrial environmental control findings in accordance with the requirements for reporting on the industrial environmental control results;

3) in relation to category I facilities- to install an automated system for monitoring emissions into the environment at the main stationary emission sources in accordance with the procedure for conducting automated monitoring of emissions into the environment approved by the authorized environmental protection body and the requirements of paragraph 4 of Article 186 of this Code;

4) create an industrial environmental control service or appoint an employee responsible for organizing and conducting industrial environmental control and interaction with state environmental control bodies;

5) follow procedural requirements and ensure the quality of the data received;

6) systematically evaluate the industrial environmental control results and take the necessary measures to eliminate the identified inconsistencies with the requirements of the environmental legislation of the Republic of Kazakhstan;

7) submit, in accordance with the established procedure, reports on the industrial environmental control findings to the authorized environmental protection body;

8) within three working days, report to the authorized environmental protection body on the facts of breaching the environmental legislation of the Republic of Kazakhstan, identified in the course of the industrial environmental control;

9) ensure public access to industrial environmental control programs and reporting data on industrial environmental control;

10) at the request of state environmental inspectors, submit documentation, analysis results, initial and other materials of industrial environmental control necessary for the fulfillment of state environmental control.

Article 185. Requirements for the content of the industrial environmental control program

1. The industrial environmental control program must contain the following information:

1) mandatory list of quantitative and qualitative indicators of pollutant emissions and other parameters monitored in the industrial monitoring process;

2) frequency and duration of industrial monitoring, the frequency of measurements;

3) information about the applied instrumental and calculation methods for conducting industrial monitoring;

4) the required number of sampling sites for the parameters traced in the industrial monitoring process (by components: atmospheric air, water, soil), and indication of the measurement sites;

5) methods and frequency of record keeping, analysis and reporting of data;

6) the schedule of internal inspections and the procedure for eliminating breaches of the environmental legislation of the Republic of Kazakhstan, including internal tools for responding to their non-compliance;

7) mechanisms for ensuring the quality of instrumental measurements;

8) protocol of actions in emergency situations;

9) organizational and functional structure of internal responsibility of employees for carrying out industrial environmental control;

10) other information reflecting the issues of organizing and conducting industrial environmental control.

2. The program of industrial environmental control of categories I and II facilities must also comply with the environmental conditions contained in the environmental permit.

3. The program for industrial environmental control of categories I and II facilities shall be developed in accordance with the rules approved by the authorized environmental protection body.

Article 186. Types and organization of industrial monitoring

1. The industrial monitoring is an element of industrial environmental control, as well as a program to improve environmental performance.

2. Within the industrial monitoring, operational monitoring, monitoring of emissions into the environment and monitoring of impact shall be carried out.

3. Operational monitoring (monitoring of the production process) includes monitoring of the technological process parameters to confirm that the performance of the facility is in the range that is considered viable for its proper design operation and compliance with the conditions of the technological regulation of this production. The content of operational monitoring shall be determined by the facility operator.

4. Monitoring of emissions into the environment is observation of the quantity, quality of emissions and their changes.

Monitoring of emissions into the environment at category I facilities should include the use of an automated system for monitoring emissions into the environment.

Automated system for monitoring emissions into the environment is an automated system for industrial environmental monitoring that tracks the indicators of emissions into the environment at the main stationary emission sources, which provides data transfer to the information system for monitoring emissions into the environment in real time in accordance with the rules for maintaining an automated monitoring system of emissions into the environment during industrial environmental control, approved by the authorized environmental protection body.

The functioning of the automated monitoring system, measurements carried out by it, their processing, transfer, storage and use must comply with the requirements of the legislation of the Republic of Kazakhstan in technical regulation, on ensuring the uniformity of measurements and on informatization.

5. Monitoring of the impact shall be included in the program of industrial environmental control in cases where it is necessary to monitor compliance with the requirements of the environmental legislation of the Republic of Kazakhstan and environmental quality standards, or it is specified in the integrated environmental permit.

6. Impact monitoring shall be mandatory in the following cases:

1) when the activity affects sensitive ecosystems and public health condition;

2) at the stage of putting technological facilities into operation;

3) after emergency emissions into the environment.

7. Impact monitoring can be carried out by the facility operator individually, as well as jointly with the operators of other facilities in agreement with the authorized environmental protection body.

8. Industrial monitoring of emissions into the environment and impact monitoring shall be performed by laboratories accredited as prescribed by the legislation of the Republic of Kazakhstan on accreditation in the conformity assessment.

The person carrying out industrial monitoring shall be held liable in accordance with the Code of the Republic of Kazakhstan on Administrative Infractions for providing false information on the industrial monitoring results.

9. Industrial monitoring data are used to assess the state of the environment within the framework of the Unified State System for Monitoring the Environment and Natural Resources.

Article 187. Accounting and reporting on industrial environmental control

1. The facility operator shall keep internal records, generate and submit periodic reports on the industrial environmental control findings in electronic form to the National data bank on the environment and natural resources of the Republic of Kazakhstan in accordance with the rules approved by the authorized environmental protection body.

2. Periodic reports on the industrial environmental control findings must be published on the official Internet resource of the authorized environmental protection body.

Article 188. Industrial environmental control service and persons in charge of industrial environmental control

1. The person responsible for carrying out industrial environmental control shall be obliged to ensure that logs of industrial environmental control are maintained at the facility or at individual work areas, in which employees must record the discovered facts of breaches of the environmental legislation requirements of the Republic of Kazakhstan, indicating the timing of their elimination.

2. Persons in charge of industrial environmental control, who discovered the fact of breaching the environmental requirements, entailing a threat to life and (or) health of people or the risk of causing environmental damage, shall be obliged to immediately take all measures within their power to eliminate or localize the situation that has arisen and report this to the administration of the facility operator.

Article 189. Organization of internal inspections

1. The facility operator shall take steps for regular internal verification of compliance with the environmental legislation requirements of the Republic of Kazakhstan and collation of the industrial environmental control results with the conditions of environmental and other permits.

2. Internal inspections shall be carried out by the employee (employees), whom the facility operator puts in charge of organizing and conducting industrial environmental control.

3. In the course of internal inspections, the following areas shall be checked:

1) fulfillment of measures provided for by the industrial environmental control program;

2) compliance with production instructions and rules related to environmental protection;

3) compliance with the conditions of environmental and other permits;

4) correctness of accounting and reporting on the industrial environmental control results;

5) other information reflecting the issues of organizing and conducting industrial environmental control.

4. An employee (employees) conducting an internal audit is (are) obliged to:

1) review the report on the previous internal inspection;

2) examine each facility that releases emissions into the environment;

3) draw up a written report to the manager, including, if necessary, the requirements for taking measures to eliminate inconsistencies identified during the audit, the timing and procedure for their elimination.

Chapter 14. PUBLIC ENVIRONMENTAL CONTROL Article 190. Public environmental control

1. Public environmental control is carried out in order to draw public attention to environmental problems and assist in the activities of the authorized environmental protection body.

2. Public environmental control may be conducted by non-profit environmental protection, organizations established in accordance with the legislation of the Republic of Kazakhstan, whose charter provides for conducting public environmental control activities, accredited by the authorized body in environmental protection for the purpose of public environmental control.

3. For cooperation and interaction, the authorized environmental protection body shall draw up and publish on the official Internet resource the list of non-profit environmental protection organizations accredited in accordance with this Code for public environmental control.

4. To form the list indicated in paragraph 3 of this article, non-profit organizations that meet the requirements specified in paragraph 2 of this article shall direct to the authorized environmental protection body a statement of their compliance with the requirements and intention to exercise public environmental control, attaching a copy of the charter.

If the non-profit organization meets the requirements specified in paragraph 2 of this article, within five working days the authorized environmental protection body shall include this non-profit organization in the list of non-profit environmental protection organizations accredited in accordance with this Code for conducting public environmental control.

5. The procedure for conducting public environmental control shall be determined by this Code, and also by non-profit environmental protection organizations in accordance with their charters.

6. Public environmental control shall include:

1) informing by non-profit organizations exercising public environmental control of the authorized environmental protection body about the facts of breaching the requirements of the environmental legislation of the Republic of Kazakhstan or the risks of such breaching;

2) hearing at the public council, formed under the authorized environmental protection body, on information from the authorized environmental protection body on the facts of breaching the environmental legislation requirements of the Republic of Kazakhstan by the subjects of control, which are operators of category I facilities, and also on the adopted measures in relation to these subjects and their execution progress;

3) participation of non-profit organizations’ representatives in the process of public discussion of the state environmental control results.

7. State bodies shall have the right to involve representatives of accredited public organizations in the environmental protection on a voluntary basis in the work to identify facts of breaching the environmental legislation requirements of the Republic of Kazakhstan.

SECTION 12. ENVIRONMENTAL CULTURE, EDUCATION AND AWARENESS Article 191. Ecological culture

1. Ecological culture shall be understood to be a system of knowledge, skills and value orientations that expresses and determines the nature of the relationship between man and nature, the measure and method of human involvement in the natural environment conservation and development.

2. Ecological culture is recognized to be among main personal values ​​in the Republic of Kazakhstan, laying the foundation not only for the development of human self-awareness, but also for the growth of the welfare of the state.

3. Instilling the foundations of ecological culture is a fundamental task of public relations pertaining to family education, training (outreach) in educational institutions, corporate culture, public relations in the context of the housing and utilities system.

4. To form an ecological culture, the state shall take measures to promote information that shapes a person's idea of ​​his connection with nature, the impact of his life on the environment, threat of global climate change and environmental foundations of sustainable development of the Republic of Kazakhstan.

5. Everyone shall have the right to take an active part in the discussion of issues related to the environmental situation and state environmental policy, and make appropriate petitions as prescribed by the Administrative Procedural Code of the Republic of Kazakhstan and this Code.

Article 192. Purpose, main directions, subjects and objects of environmental education

1. Environmental education is understood to be a continuous integrated process of training, education and personal development, aimed at building an active stand in everyone’s life and improving environmental culture in the society as a whole, based on sustainable development principles.

2. Environmental education includes a set of activities focused on both the target audience and society at large.

3. Educational institutions of all levels, housing and other real estate owners, producers of goods, works and services and their consumers may constitute the target audience of the environmental education system.

4. Environmental education shall be understood as promotion of environmental knowledge, information about the state of the environment and environmental safety, other environmental information in order to form the foundations of environmental culture in the society.

5. The State shall take the following measures to ensure public awareness of environmental issues and public involvement in the discussion of issues related to environmental protection:

1) provide public access to environmental information on the state of atmospheric air, climate change, condition of water and land resources, biodiversity, energy situation, waste management;

2) inform the population, including housing and other real estate owners through the system of housing and utilities services, about the impact on the state of the environment of the quality of consumption of water and energy resources, about environmentally efficient waste management;

3) inform business entities about measures taken by the state to support resource-saving production, production of goods, performance of work and provision of services using secondary resources;

4) inform consumers about the degree of environmental friendliness of the production of the consumed goods, works and services and measures to stimulate their purchase of goods, works and services obtained through energy-efficient production and using secondary resources;

5) ensure participation in public environmental control in cases established by this Code.

Article 193. Ecological education in educational institutions

1. Environmental education in educational institutions shall be carried out through the integration of environmental technology topics, taking into account landscape regional priorities, climate change, viewed through the Sustainable Development Goals prism, as well as possible introduction of specialized and cross-disciplinary educational programs, integration of environmental aspects into academic disciplines.

2. Educational programs and academic disciplines shall provide for a practice-oriented approach focused on both theoretical study and practical training.

3. State compulsory education standards and model curricula for vocational education with specialization in the environmental protection and the use of natural resources shall be approved by the authorized body in the field of education in agreement with the authorized environmental protection body.

4. Model curricula for vocational education with specialization in the environmental protection and the use of natural resources should provide for mandatory vocational training for the right to work with hazardous waste, and also promote the development of a dual education system.

Article 194. State support for environmental education and awareness

1. The state shall provide support for environmental education and awareness in the following priority areas:

1) determination of a long-term action plan in the field of environmental education in order to facilitate transition of the Republic of Kazakhstan to sustainable development;

2) improvement of the educational-methodological and research-methodological foundations of environmental education and awareness;

3) training of qualified professionals in the environmental protection, promotion of best domestic and foreign innovative pedagogical methods for the formation of environmental culture in general;

4) creation of practice-oriented modules containing integrated solution manuals, game, illustrative, reference and other types of materials that will ensure access of the population of the Republic of Kazakhstan to environmental education and awareness;5) promoting development of organizations, including non-profit, youth and school organizations, implementing programs and activities for environmental education in society and the family;

6) training on the basis of specialized organizations of specialists in adaptation to climate change;

7) public outreach on predicted man-made impacts, the impacts of climate change, vulnerability of humans and the environment in such conditions and measures to adapt to climate change.

2. State support measures shall include:

1) funding of environmental education in educational institutions (educational and methodological work and activities for environmental education and awareness, advanced training of professionals);

2) active involvement of state bodies in the formation of the state educational order for the training of professionals in environmental protection;

3) provision of a state order for support of innovative methodological practices, research in the environmental education in order to promote sustainable development;

4) provision of state social order to support non-profit organizations in the field of environmental education and awareness;

5) pursuing activities in environmental education and awareness, advanced training, training and retraining of personnel.

SECTION 13. ENVIRONMENTAL RESEARCH Article 195. Goals and objectives of environmental research

1. Environmental research shall be conducted for the purpose of providing scientific support for environmental protection, developing scientifically substantiated measures to improve, restore, ensure the sustainable functioning of natural ecosystems, preserve biodiversity and reproduce natural resources, study the impacts of climate change, develop measures to mitigate climate impacts and adaptation to climate change, improving the health of the population, ensuring environmental safety and social, economic and environmentally balanced development of the Republic of Kazakhstan.

2. The objectives of environmental research are:

1) scientific assessment and forecast of the state of the environment;

2) development of scientifically based environmental standards, national standards in the environmental protection;

3) development of scientific recommendations to ensure state regulation and management in the environmental protection;

4) scientific substantiation, development and implementation of environmentally viable resource-saving technologies;

5) providing a scientific basis for the development of measures to mitigate climate impacts and adaptation to climate change.

Article 196. Main directions of ecological scientific research

1. To address the problems of scientific support in the environmental protection, the following types of scientific research can be carried out:

1) development of comprehensive republican, regional, local scientific rationales for the socio-economic sustainable development of territories;

2) study of ecosystems’ resistance to anthropogenic impact and development of scientific foundations for determining environmental risks;

3) study of the state of biodiversity, development of methodology for its conservation and protection against negative impacts, methods for assessing the harm caused to biodiversity;

4) assessment of the level of anthropogenic pressure on the environment and the extent of disturbance of ecosystems and landscapes;

5) determination of zonal levels of the threshold of anthropogenic impacts on ecosystems and landscapes;

6) development of scientifically sound regulatory documents in the environmental protection;

7) identification of the influence of environmental factors on the population’s health;

8) zoning and ranging of the republic’s territory according to the degree of environmental tension;

9) research related to development of environmental quality targets;

10) research related to development of methods and technologies for cleaning emissions into the environment and for remediation;

11) research on the integrated use of raw materials, waste processing and disposal;

12) research on the search, scientific and technological rationale and implementation of new environmentally viable and resource-saving technologies;

13) development of materials, scientific support for assessing the state of the environment and predicting its changes under the influence of anthropogenic and natural factors;

14) scientific rationale of methods for preventing or mitigating the negative consequences of the impact of anthropogenic or natural factors on the environment;

15) systematic study and generalization of the results of environmental monitoring of quantitative and qualitative indicators of the state of ecosystems and objects based on long-term observations and operational control;

16) scientific support for monitoring the state of the environment;

17) development and scientific substantiation of limits (quotas) for emissions into the environment, the use of natural resources;

18) complex research of climate change, including assessment of its impact on the economy and natural resources of the Republic of Kazakhstan, mitigation of the impact of climate change and adaptation to climate change;

19) study of the ozone layer state, its destruction and restoration processes, elaboration of measures to prevent the impact of human activities on the ozone layer’s state;

20) study of the problems of mechanisms for economic regulation of activities that have a negative impact on the environment, development of methods for assessing the economic efficiency and costs of environmental protection measures and scientific support for these activities;

21) participation in the development and scientific substantiation of environmental indicators of the socio-economic development of the Republic of Kazakhstan;

22) conducting scientific research related to the fulfillment of the obligations of the Republic of Kazakhstan under international treaties in the field of environmental protection and the use of natural resources;

23) international scientific cooperation in the field of environmental protection and the use of natural resources;

24) scientific rationale of measures to compensate for biodiversity loss;

25) studies on the economic valuation of ecosystem services and biodiversity.

2. Fundamental and applied scientific environmental research shall be financed at the budgetary funds expense and other funding sources not prohibited by the legislative acts of the Republic of Kazakhstan.

Article 197. Requirements for conducting environmental research

1. Scientific environmental research shall be conducted by scientific organizations in accordance with this Code and the legislation of the Republic of Kazakhstan on science.

2. Scientific research in the field of environmental protection on the territory of the Republic of Kazakhstan can be conducted by Kazakhstan and foreign individuals and legal entities, as well as international organizations, subject to the obligatory fulfillment of the requirements of the legislation of the Republic of Kazakhstan.

SPECIAL PART SECTION 14. AIR PROTECTION Article 198. Atmospheric air and its protection

1. Atmospheric air is a vital component of the natural environment, which is a mixture of atmospheric gases located outside residential, industrial and other premises.

2. Atmospheric air, in accordance with the environmental legislation of the Republic of Kazakhstan, shall be subject to protection from pollution.

3. Atmospheric air pollution is understood as the presence in the atmospheric air of pollutants in concentrations or physical effects at levels exceeding the environmental standards for atmospheric air quality established by the state.

The atmospheric air pollution sources are recognized as the ingress of pollutants, physical impacts into the atmospheric air as a result of anthropogenic and natural factors, and also formation of pollutants in the atmospheric air as a result of chemical, physical and biological processes occurring in it.

Article 199. Emission of pollutants into the atmospheric air

1. Emission of pollutants into the atmospheric air (hereinafter referred to as “emission”) means the ingress of pollutants into the atmospheric air from emission sources.

2. Sources of emissions are a structure, technical device, equipment, installation, platform, transport or other mobile vehicle, during the operation of which pollutants enter the atmospheric air.

3. Emission sources are divided into stationary and mobile sources.

4. A stationary source is a source of emission that cannot be moved without its dismantling and whose permanent location can be determined with the application of a unified state coordinate system or that can be moved by means of a transport or other mobile vehicle, but requires a fixed (stationary) relative to the earth's surface position during its operation.

Emission from a stationary source is considered organized if it is made through a special structure, system or device (smoke and ventilation pipes, gas ducts, air ducts, ventilation shafts, aeration lamps, deflectors, and others) that ensure direction of the outgoing dust and gas-air mixtures flow. Other types of emissions from a stationary source, in which pollutants are released into the atmospheric air in the form of non-directional diffuse flows, are referred to as fugitive emissions.

5. A mobile source is a transport means or other mobile vehicle, machinery or installation equipped with internal combustion engines operating on various types of fuel and capable of emitting both in a stationary position and in the process of movement.

Article 200. Environmental standards of atmospheric air quality

1. Environmental standards for atmospheric air quality shall be established for:

1) chemical indicators of the atmospheric air state - in the form of maximum permissible concentrations of pollutants in the atmospheric air;

2) physical indicators of the atmospheric air state - in the form of maximum permissible levels of physical impacts on atmospheric air.

2. The maximum permissible concentration of pollutants in the atmospheric air is understood to be the maximum amount (mass) of a chemical substance recognized in accordance with this Code as a pollutant, which, under permanent or temporary impact on man, does not affect his health and does not cause adverse hereditary changes in his posterity, and also does not cause degradation of the natural environment components, does not violate the stability of ecological systems and does not lead to a reduction in biodiversity.

3. The maximum permissible concentration of a pollutant in the atmospheric air shall be established for individual pollutants in the form of:

1) the mass of pollutant per unit volume of atmospheric air and is expressed as a ratio of milligrams per cubic meter;

2) the mass of a pollutant deposited on a unit of the earth's surface per unit of time, and is expressed as a ratio of grams per square meter per calendar year.

4. For pollutants, mass concentrations per unit volume of atmospheric air are determined for standard conditions of 293.15 K and 101.3 kPa.

5. The maximum permissible concentration of a pollutant in the atmospheric air, depending on the pollutant type, is established taking into account the following averaging periods of indicators:

1) annual indicators - average indicators of the concentration of a pollutant in a unit volume of atmospheric air or on a unit of the earth's surface during one calendar year;

2) daily indicators - averaged indicators of the pollutant concentration in a unit volume of atmospheric air for twenty-four hours within one calendar day;

3) hourly indicators - average indicators of the pollutant concentration in a unit volume of atmospheric air per hour.

6. In addition to the periods of averaging indicators, environmental standards for atmospheric air quality determine the maximum permissible quantity of excesses of daily and hourly indicators during one calendar year.

7. If, while meeting the established environmental standards for atmospheric air quality within individual territories, signs of deterioration in the state of living elements of the natural ecological system (plants, animals and other organisms) are found, confirmed by scientific research for a period of at least five years, then for such territories the relevant local representative body of the region, city of republican status, the capital, in agreement with the authorized environmental protection body, shall be obliged to establish more stringent territorial environmental standards for atmospheric air quality in the form of maximum permissible concentrations of pollutants in the atmospheric air and (or) maximum permissible levels of physical impacts, at which there is no negative deviation of indicators of the state of the most vulnerable group of biological objects used as indicators of environmental quality.

8. Air quality standards inside residential, industrial and other premises, as well as atmospheric air quality standards within industrial (production) zones shall be established by hygienic standards in accordance with the legislation of the Republic of Kazakhstan in the field of healthcare. These standards do not refer to environmental standards and are not regulated by the environmental legislation of the Republic of Kazakhstan.

Article 201. Standards for permissible anthropogenic impact on atmospheric air

1. In order to ensure the atmospheric air protection, the state shall establish the following standards for permissible anthropogenic impact on atmospheric air:

1) standards for permissible emissions;

2) technological emission standards;

3) standards for permissible physical impacts on atmospheric air.

2. The rules for determining the standards for permissible anthropogenic impact on the atmospheric air shall be approved by the authorized environmental protection body.

Article 202. Permissible emission standards and technological emission standards

1. Permissible emission standard is an environmental standard, established in an environmental permit and defined as the maximum mass of a pollutant or a mixture of pollutants that is allowed (permitted) for release into the atmospheric air.

2. Permissible emission standards shall be determined for an individual stationary source and (or) a set of stationary sources that are part of a category I or II facility, by calculation using the method of modeling the dispersion of surface concentrations of pollutants in such a way that the total load on atmospheric air within the impact area would not lead to violation of established environmental quality standards or environmental quality targets.

The impact area is the territory (water area) determined by modeling the dispersion of surface concentrations of pollutants.

For a set of stationary sources, the impact area shall be calculated as the sum of the influence areas of individual stationary emission sources.

3. The total load on atmospheric air is understood as the cumulative impact of:

1) emissions of a category I or II facility for which allowable emission standards are being developed, taking into account the levels of existing impact (for existing emission sources) or a reasonably expected impact level (for new and currently under reconstruction emission sources);

2) natural background of atmospheric air, which refers to the mass concentrations of pollutants in the atmospheric air, due to release into the atmospheric air or formation of pollutants in it as a result of natural processes;

3) the basic anthropogenic background of atmospheric air, which is understood as mass concentrations of pollutants in the atmospheric air, due to emissions from other stationary and mobile sources, which are made at the time of determining the standards for permissible emissions in relation to the facility indicated in subparagraph 1) of this paragraph.

4. The total load on atmospheric air shall be determined with regard to geographical, climatic and other natural conditions and features of territories and water areas in respect of which environmental rationing is regulated. When determining the total load on atmospheric air, the variability (seasonality) of the impacts specified in paragraph 3 of this article during the calendar year shall also be taken into account.

5. Permissible emission standards shall be established for each pollutant in the form of:

1) mass concentration of a pollutant, which is understood as the mass of a pollutant per unit volume of dry exhaust gases and which is expressed as a ratio of milligrams per cubic meter;

2) pollutant mass flow rate, which is understood as the mass of the pollutant emitted per unit of time, and which is expressed as a ratio of grams per second.

The indicators relating to the volume and rate of the mass flow of waste gases shall be determined under standard conditions of 293.15 K and 101.3 kPa and, unless otherwise expressly provided by the environmental legislation of the Republic of Kazakhstan, after subtraction of the water vapor content.

Mass concentration indicators of a pollutant shall be determined by averaging the corresponding emission indicators during one calendar day of normal (scheduled) operation of a stationary emission source under the most unfavorable operating conditions from the viewpoint of atmospheric air protection.

Pollutant mass flow rate indicators shall be determined by averaging the corresponding emission indicators during one hour of normal (scheduled) operation of the emission source under the most unfavorable operating conditions from the viewpoint of atmospheric air protection.

6. Emissions are considered above the norm if:

1) the average indicators ​​of mass concentrations per calendar day exceed the established value of mass concentrations;

2) the average indicators ​​of mass concentrations for thirty minutes exceed the established indicators of mass concentrations by two or more times.

7. In order to ensure compliance with the established standards of the permissible total anthropogenic load on the atmospheric air, along with the standards for permissible emissions, the environmental permit shall establish annual emission limits, expressed in tons per year, for each stationary source and facilities of categories I and II as a whole.

8. Permissible emission standards shall be established for standard (regulatory) operating conditions of stationary sources that are part of a category I or II facility, at their maximum load (power) provided for by design documents, including under the condition of normal (regulatory) functioning of all systems and ventilation devices and gas treatment plants.

Permissible emission standards for a facility of category I or II shall be established for its normal operation conditions, taking into account the development perspective, that is, the load of equipment and its operating modes, including ventilation systems and devices and dust and gas cleaning equipment, provided for by the technological regulations. At the same time, for existing category I or II facilities, the actual maximum load of equipment over the past three years shall be taken into account within the limits established by the project.

9. Emissions from technologically unavoidable flaring of raw gas shall be allowed in case of deviations from the initial data used for calculating emissions in draft standards for permissible emissions and project documentation, provided that the established standards for permissible emissions and technological standards are observed.

Emissions are recognized as excessive in the raw gas flaring, which is not recognized by the authorized body in the field of hydrocarbons as technologically unavoidable combustion in the event of a technological malfunction, failure or deviation in the operation of process equipment.

10. Norms of permissible emissions are not calculated and are not established for emergency emissions. An accidental release is understood to mean an unexpected, unpredictable and unintentional release caused by an accident that occurred during the operation of a category I or II facility.

The rules of accounting for actual accidental releases are determined by this Code.

11. If emissions from a stationary source contain substances for which environmental quality standards have not been established, as part of the mandatory environmental impact assessment, an assessment of their possible negative impact on the environment should also be carried out. The purpose of such an assessment is to determine the type and extent of the negative impact of individual substances on the study area, as well as significant dangerous negative consequences for the population and the environment. Conducting an assessment of the possible negative impact of substances on the environment should be based on best practices and scientific achievements.

In the process of assessing possible negative impact of substances on the environment, the risk of harm to public health shall always be considered as a significant factor, while the negative consequences for natural components are recognized as significant based on the results of consideration and analysis of the following aspects:

1) the designated purpose of land and conditions for land use, determined in accordance with the land legislation of the Republic of Kazakhstan;

2) the intended purpose of water bodies and conditions for water use, determined in accordance with the water legislation of the Republic of Kazakhstan;

3) goals, objectives and activities established within the framework of the state environmental policy implementation at the national and local levels;

4) the rights and legitimate interests of land owners, land users and water users affected by the possible harmful effects of the release of such a substance;

5) measures that are planned or in progress in the relevant territory (in the water area) to protect the environment and improve its quality.

12. If, according to the dispersion calculation results an excess of the established environmental quality norms is revealed at any of the assessment points, an environmental permit can be issued only if one of the following conditions is met:

1) contribution of a stationary source or a group of stationary sources, in respect of which the allowable emission standards are calculated, does not exceed three percent of the annual value of the environmental quality standard established for this pollutant, and provided that the facility operator, within the framework of the environmental protection action plan or environmental performance improvement program undertakes to carry out actions to reduce emissions to a level that exceeds the minimum values ​​of technological emission indicators associated with the implementation of the best available techniques;

2) the facility operator undertakes to take measures to protect the atmospheric air (including by replacing fuel or raw materials with more environmentally friendly ones, making changes to production technology, changing other emission parameters to improve the conditions for dispersing the pollutant and other similar measures), guaranteeing compliance with environmental standards for atmospheric air quality, by the period specified by the environmental permit, not exceeding one calendar year from the date of issue of the environmental permit.

13. For category I facilities, a comprehensive environmental permit, in addition to the standards for permissible emissions, shall establish technological standards.

14. With regard to new and currently under reconstruction category I facilities, if the calculations of the dispersion of surface concentrations of pollutants show that the total load on the atmospheric air will lead to a violation of the established environmental standards for environmental quality or environmental quality targets, stricter emission limits must be established in the integrated environmental permit than those associated with BAT targets, in such a way that environmental quality standards or environmental quality targets are met.

15. With regard to existing category I facilities, if the calculations of the dispersion of surface concentrations of pollutants show an excess of the established environmental quality standards or environmental quality targets, the integrated environmental permit must establish more stringent standards for permissible emissions than those that correspond to performance indicators associated with the application of the best available technologies, to the extent in which achieving such more stringent emission limits is technically feasible at an economic cost acceptable to the facility operator.

16. The surface concentration of a pollutant is the mass of a pollutant per unit volume of atmospheric air in a two-meter layer above the earth's surface.

17. Norms of admissible emissions for mobile sources are not established.

Article 203. Environmental emission compliance monitoring

1. Monitoring of compliance with the standards for permissible emissions from a stationary source and (or) a combination of stationary sources and their impact on atmospheric air quality shall be conducted in accordance with the requirements of this Code and the conditions established in the environmental permit.

2. Monitoring of compliance with permissible emission limits of a stationary source and (or) a set of stationary sources shall be carried out by measurements in accordance with the approved list of measurements related to state regulation. If it is impossible to carry out monitoring by means of measurements, it is allowed to use the calculation method.

In the cases provided for by this Code, at category I facilities, monitoring of compliance with the standards for permissible emissions shall also be ensured through the mandatory use of an automated system for monitoring emissions into the environment.

3. Monitoring of compliance with environmental standards for atmospheric air quality shall be carried out at the assessment points specified in the environmental permit.

4. The location of assessment points within the impact area shall be determined in such a way that:

1) they achieve the maximum values ​​of the impact of emissions, established by the results of modeling of surface concentrations of pollutants and taking into account the averaging period corresponding to each pollutant;

2) the existing natural and anthropogenic backgrounds of atmospheric air are taken into account.

5. The number of assessment points depends on the established averaging period for a particular pollutant and is determined as follows:

1) the level of compliance with environmental standards for atmospheric air quality on pollutants, for which both daily (short-term maximum impact) and annual (long-term impact) values ​​are determined, is assessed at two corresponding points;

2) the level of compliance with environmental standards for atmospheric air quality on pollutants that have only an annual value is assessed at one assessment point.

6. Additional assessment points shall be determined for pollutants for which environmental standards for atmospheric air quality have been established in terms of the impact on ecosystems and vegetation. Points for assessing compliance with such environmental standards should be installed at a distance of at least twenty kilometers from agglomerations and at least five kilometers from other urban developments and industrial zones.

7. If residential areas are located within the impact area, then additional assessment points should be established.

8. Rationale for location and number of assessment points must be provided in the environmental permit.

Article 204. Inventory of stationary emission sources

1. Local executive bodies of regions, cities of republican status, the capital shall provide an inventory of stationary sources of pollutants emissions into the air in settlements with a population of over ten thousand people.

2. The inventory of stationary emission sources is based on the following initial data:

1) issued integrated environmental permits;

2) issued environmental impact permits;

3) submitted environmental impact declarations;

4) statistical information on category IV facilities;

5) data of state environmental monitoring;

6) state environmental control results.

3. The procedure for conducting an inventory of stationary emission sources, correcting its data, documenting and storing data obtained as a result of such an inventory and adjustment shall be carried out in accordance with the rules approved by the authorized environmental protection body.

Article 205. Summary calculations of atmospheric air pollution and summary volumes of maximum permissible emissions of settlements

1. Local executive bodies of regions, cities of republican status, the capital shall ensure that summary calculations of atmospheric air pollution in settlements with a population of over ten thousand people are carried out and a summary volume of maximum allowable emissions from a settlement is drawn up on their basis.

2. The summary calculation of atmospheric air pollution of a settlement is a calculation of the cumulative impact on atmospheric air of emissions from all stationary and mobile sources located or operated on the territory of the corresponding settlement, as well as actual and predicted ground concentrations of pollutants.

3. Preparation of summary calculations of atmospheric air pollution shall be carried out in order to assess the total anthropogenic load on the air basin of the corresponding settlement, forecast changes in its quality and develop measures to regulate and reduce emissions, and also to establish environmental quality targets.

4. The following materials shall be used as benchmark data for the calculation of atmospheric air pollution in settlements:

1) results of the inventory of stationary emission sources;

2) data on new stationary emission sources, the construction or reconstruction of which is at the design stage, including draft standards for permissible emissions, project documentation for the construction (reconstruction) of facilities;

3) situational plan of the settlement, indicating the existing and projected stationary emission sources;

4) statistical and analytical information on mobile sources, including the number, composition and dynamics of the increase (decrease) in the fleet of vehicles operated in the settlement, itemized by type of engine and fuel or energy source that is used, maps of the distribution of vehicle flows in settlements;

5) information on ongoing and planned activities aimed at reducing emissions, including approved action plans for environmental protection, programs to improve ecological efficiency;

6) information on ongoing and planned environmental protection measures aimed at reducing emissions within the settlement;

7) other statistical and analytical information.

5. Summary calculations of atmospheric air pollution in a settlement shall be made at least once every five years and shall be used as a basis for developing, adjusting and supplementing a summary volume of maximum allowable emissions from a settlement.

6. The summary volume of maximum allowable emissions of a settlement is a permanent and revised document that determines the actual and predicted environmental capacity of the air basin of a settlement in order to further substantiate urban planning and construction activities, planning of transport infrastructure facilities, state regulation and management in the field of transport, planning of environmental protection activities.

7. The local executive bodies of the respective settlements shall be the ordering customers for carrying out summary calculations of atmospheric air pollution and developing a summary volume of maximum allowable emissions from settlements.

8. Organizations that hold a license to perform work and provide services in the environmental protection under the subtypes "environmental design, regulation for category I facilities" shall be entitled to conduct summary calculations of atmospheric air pollution and develop summary volumes of maximum allowable emissions, on the basis of the agreement with the customer concluded in accordance with the legislation of the Republic of Kazakhstan on public procurement.

9. The summary volume of maximum permissible emissions of a settlement shall be signed by the project developer, agreed with the territorial units of the authorized environmental protection body and the state body in the sanitary and epidemiological welfare of the population and approved by the customer.

10. The summary volume of maximum permissible emissions of a settlement shall be used for:

1) conducting an environmental assessment;

2) development of urban planning and construction documentation;

3) making decisions on the liquidation of objects and complexes;

4) development of plans for the development of public transport, public utilities, measures to stimulate transition of the population to environmentally safer modes of transport, introduction of environmentally sound urban planning and construction solutions;

5) setting norms of permissible emissions;

6) state environmental control in terms of compliance with established standards for permissible emissions;

7) drawing up reports of state bodies on environmental protection issues;

8) planning and implementation of measures for the protection of atmospheric air;

9) development of target indicators of environmental quality.

Article 206. General provisions on environmental requirements for atmospheric air protection

1. In order to prevent harmful anthropogenic impact on the atmospheric air, the environmental legislation of the Republic of Kazakhstan establishes mandatory environmental requirements for the protection of atmospheric air in the course of human activities.

2. It shall be prohibited to release substances into the atmospheric air whose extent of danger to life and (or) health of people and the environment has not been scientifically established.

3. Local representative bodies of regions, cities of republican status, the capital shall have the right, by their regulatory legal acts, in agreement with the authorized environmental protection body, to provide for the introduction of special environmental requirements for the atmospheric air protection in the territories of individual administrative-territorial units if in such territories the established environmental standards for atmospheric air quality are not observed.

Article 207. Environmental requirements for atmospheric air protection during gas treatment plants operation

1. It shall be prohibited to place, put into operation and operate category I and II facilities, which do not have the relevant environmental permits provided for by the conditions of gas purification installations and means of control over emissions of pollutants into the atmospheric air.

2. A gas purification plant shall mean a structure, equipment and devices used to purify waste gases from pollutants and (or) neutralize them.

3. Gas purification plants shall be operated in accordance with the rules approved by the authorized environmental protection body.

4. If there are no gas purification installations, if they are disabled or do not provide designed cleaning and (or) neutralization, the operation of the corresponding pollutant emission source shall be prohibited.

Article 208. Environmental requirements for atmospheric air protection in the production and operation of transport and other mobile vehicles

1. It shall be prohibited to manufacture transport and other mobile vehicles in the Republic of Kazakhstan, in whose emissions the content of pollutants does not meet the requirements of the technical regulation of the Eurasian Economic Union.

2. Transport and other mobile vehicles, whose emissions have a negative impact on the atmospheric air, shall be subject to regular inspection (technical inspection) for their compliance with the technical regulation requirements of the Eurasian Economic Union as prescribed by the legislation of the Republic of Kazakhstan.

3. The Government of the Republic of Kazakhstan, central executive bodies and local executive bodies, within their competence, are obliged to implement measures aimed at stimulating the reduction of emissions of pollutants into the atmospheric air from transport and other mobile vehicles.

4. Local representative bodies of regions, cities of republican status, the capital, in the event of revealed in the state environmental monitoring of a regular excess over three consecutive years of atmospheric air quality standards in the territories of the respective administrative-territorial units, shall have the right, by adopting relevant regulatory legal acts within their competence in coordination with the authorized environmental protection body, to impose restrictions on the entry of transport and other mobile vehicles or their certain types into settlements or certain zones within settlements, on the territory of recreation and tourism sites, specially protected natural areas, as well as regulate movement in their boundaries of transport and other mobile vehicles in order to reduce the anthropogenic load on the atmospheric air.

Article 209. Environmental requirements for atmospheric air protection during storage, neutralization, burial and incineration of waste

1. Storage, neutralization, burial and incineration of waste, which can be a source of atmospheric air pollution, outside specially equipped places and without the use of special facilities, installations and equipment that meet the requirements provided for by the environmental legislation of the Republic of Kazakhstan, shall be prohibited.

2. Legal entities and individual entrepreneurs whose activity wastes are sources of atmospheric air pollution shall be obliged, in accordance with the environmental legislation of the Republic of Kazakhstan, to ensure timely removal of such waste to specialized places for its storage, neutralization, processing, utilization or disposal.

Article 210. Environmental requirements for atmospheric air protection in the event of adverse meteorological conditions

1. For the purposes of this Code, adverse meteorological conditions mean meteorological conditions that are conductive to accumulation of pollutants in the surface layer of atmospheric air in concentrations that pose a threat to human life and (or) health.

2. In the event of unfavorable meteorological conditions in urban and other populated areas, local executive bodies of the relevant administrative-territorial units shall immediately communicate the necessary information to the population, and also, in accordance with this Code, introduce temporary measures to regulate emissions of pollutants into the atmospheric air for the period of unfavorable meteorological conditions.

3. During short-term atmospheric air pollution in urban and other populated areas caused by adverse meteorological conditions, legal entities, individual entrepreneurs with stationary emission sources within the respective administrative-territorial units shall comply with the requirements temporarily introduced by the local executive body of the relevant administrative-territorial unit to reduce emissions from stationary sources down to partial or complete shutdown of their operation.

The requirement of part one of this paragraph shall not apply to stationary sources, whose partial or complete stoppage of operation is not allowed in accordance with the legislation of the Republic of Kazakhstan.

4. Information on existing or forecast adverse meteorological conditions shall be provided by the National Hydrometeorological Service to the relevant local executive body and territorial unit of the authorized environmental protection body, which provide control over the implementation by legal entities, individual entrepreneurs of measures to reduce emissions of pollutants into the atmospheric air for a period of adverse meteorological conditions.

5. The procedure for communicating information on adverse meteorological conditions, requirements for the composition and content of such information, procedure for its publication and provision to concerned parties shall be established by the authorized environmental protection body.

Article 211. Environmental requirements for atmospheric air protection in accidents

1. When the quality of atmospheric air deteriorates, which is caused by accidental emissions of pollutants into the atmospheric air and poses a threat to people’s life and (or) health, emergency measures shall be taken to protect the population in accordance with the legislation of the Republic of Kazakhstan on civil protection.

2. In the event of an emergency at categories I and II facilities, as a result of which a violation of established environmental standards occurs or may occur, the facility operator shall immediately, in any case, within a period of not more than two hours from the moment the emergency is discovered, report this to the authorized environmental protection body and take all necessary measures to prevent air pollution down to partial or complete stoppage of the operation of the relevant stationary sources or the facility as a whole, as well as to eliminate the negative consequences for the environment caused by such an emergency.

SECTION 15. PROTECTION OF WATER BODIES Article 212. Water bodies and their protection

1. Water bodies in accordance with the environmental legislation of the Republic of Kazakhstan shall be subject to protection from:

1) anthropogenic pollution;

2) clogging;

3) depletion.

2. Water bodies in accordance with the environmental legislation of the Republic of Kazakhstan shall be subject to protection in order to prevent:

1) causing harm to people’s life and (or) health;

2) violations of sustainability of the ecological systems functioning;

3) desertification, degradation of land, forests and other components of the natural environment;

4) reduction of biodiversity;

5) causing environmental damage.

3. Pollution of water bodies is the presence of pollutants in surface or ground waters in concentrations or physical effects at levels exceeding the environmental standards for water quality established by the state, with the exception of facilities equipped and intended for waste disposal and wastewater discharge, preventing pollution of the earth's surface, bowels, surface and underground waters.

Ingress of pollutants, physical impacts into water bodies as a result of anthropogenic and natural factors, as well as formation of pollutants in water bodies as a result of chemical, physical and biological processes occurring in them shall be recognized as water bodies’ pollution sources.

Protection of water bodies shall be carried out from all types of pollution, including diffuse pollution (pollution through the surface of the earth, soil, subsoil or atmospheric air).

4. Ingress of solid and insoluble wastes into water bodies shall be recognized as clogging of water bodies.

Clogging of water bodies shall be prohibited.

In order to protect water bodies from clogging, the clogging of catchment areas of water bodies, ice and snow cover of water bodies and glaciers shall not be allowed either.

5. Decrease in runoff, surface water reserves or a decrease in groundwater reserves below the minimum permissible level shall be recognized as depletion of water bodies.

Requirements directed to prevention of water bodies’ depletion are established by the water legislation of the Republic of Kazakhstan and this Code.

Article 213. Discharge of pollutants

1. Discharge of pollutants (hereinafter referred to as discharge) shall mean ingress of pollutants contained in wastewater into surface and underground water bodies, subsoil or on the earth's surface.

2. Waste water shall mean:

1) water used for industrial or domestic needs and that received additional impurities of pollutants that changed its original composition or physical properties;

2) rain, melt, infiltration, watering and washing, drainage waters flowing from the territories of settlements and industrial enterprises;

3) underground waters drawn along the way during subsoil use operations (quarry, shaft, mine waters, stratal waters extracted along with hydrocarbons).

3. The following shall not be deemed a discharge:

1) injection of stratal waters produced along with hydrocarbons, sea water, desalinated water, industrial water with a salinity of 2000 mg/l or more in order to maintain reservoir pressure;

2) injection into the subsoil of technological solutions and (or) working agents for the extraction of minerals in accordance with the projects and technological regulations for which environmental permits and positive expert opinions have been issued, provided for by the laws of the Republic of Kazakhstan;

3) diversion of water used for water cooling to storage tanks located in the closed (circulating) water supply system;

4) disposal of wastewater into the city sewer networks.

Permissible discharge standards shall not be established in such cases.

4. Discharge of pollutants from sea vessels shall be carried out in compliance with the provisions of international treaties of the Republic of Kazakhstan.

Article 214. Environmental standards for water quality

1. Environmental standards for water quality shall be established:

1) for chemical indicators - in the form of maximum permissible concentrations of pollutants in water;

2) for physical indicators - in the form of maximum permissible levels of physical effects (thermal, radioactive) on water;

3) for biological indicators - in the form of indicators of the state of the most vulnerable group of biological objects used as water quality indicators.

2. The maximum permissible concentration of pollutants in water shall be understood as the maximum amount (mass) of a chemical substance recognized in accordance with this Code as a pollutant, which, when exceeded becomes unsuitable for one or more types of water use, causes degradation of natural environment objects or violates sustainability of ecological systems and biodiversity.

3. Environmental standards for the quality of waters of surface water bodies shall be established for a river basin or part thereof, a water body or part thereof, recorded in the state water cadastre, for sections of internal sea waters and the territorial sea, taking into account their natural features, and also conditions for the intended use of water bodies.

4. Environmental standards for the quality of waters of surface water bodies or their parts (water intake points) used for the purposes of drinking, domestic and drinking water supply and (or) cultural and household water use shall be established according to chemical and biological (microbiological) indicators at the level of hygienic standards approved in the procedure determined by the legislation of the Republic of Kazakhstan in the field of healthcare (hereinafter referred to as hygienic standards).

5. Environmental standards for the quality of waters of surface water bodies or their parts of fishery significance (fishery standards) shall be established in accordance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife.

6. Environmental standards for the quality of waters of surface water bodies of fishery significance, used simultaneously for the purposes of drinking, domestic and drinking water supply and (or) amenity water use, shall be established at the level of the most stringent indicators (lowest concentrations) from the hygienic or fishery standard.

7. If the natural background concentrations of chemicals in the waters of surface water bodies, that formed under the influence of natural factors and are characteristic of a particular river basin or part of it, a water body or part of it exceed hygienic or fishery standards, environmental water quality standards shall be developed and approved by the authorized environmental protection body at the level of values ​​(within the range of permissible deviation from values) of indicators of natural background concentrations of chemicals in this river basin or part thereof, water body or part thereof.

8. Environmental standards for the quality of waters of groundwater bodies that are used as sources of drinking and (or) domestic and drinking water supply or whose suitability for these purposes is determined on the basis of sanitary and epidemiological conclusions, as well as groundwater bodies defined as reserved sources of drinking water supply in accordance with the water legislation of the Republic of Kazakhstan, shall be established at the level of the relevant hygienic standards developed and approved in the manner determined by the legislation of the Republic of Kazakhstan in the field of healthcare.

9. If, in compliance with the established environmental standards for water quality, signs of deterioration in the state of living elements of the natural ecological system (plants, animals and other organisms) are found, confirmed by scientific research for a period of at least five years, then for such territories the relevant local representative body of the region, city of the republican status, the capital, in agreement with the authorized environmental protection body, shall establish more stringent territorial environmental standards for water quality, under which there is no negative deviation of the indicators of the state of the most vulnerable group of biological objects used as water quality indicators.

10. If an international treaty ratified by the Republic of Kazakhstan establishes other requirements for water quality standards of transboundary water bodies and watercourses, then the requirements of such an international treaty shall be applied.

Article 215. Standards for permissible anthropogenic impact on water

1. In order to protect water bodies, the state shall establish the following standards for the permissible anthropogenic impact on water:

1) standards for permissible discharges;

2) technological standards for discharges;

3) standards for permissible physical impacts on surface waters;

4) standards for maximum permissible negative impact on water bodies.

2. Standards for maximum permissible negative impact on water bodies shall be established on the basis of:

1) maximum permissible rate of the anthropogenic load, the long-term impact of which does not lead to a change in the ecological system of the water body;

2) maximum allowable mass and concentration of pollutants that can enter the water body and its catchment area.

3. The rules for determining the standards for permissible anthropogenic impact on water bodies shall be approved by the authorized environmental protection body.

Article 216. Permissible discharge standards

1. Permissible discharge standard shall be understood as an environmental standard, which is established in an environmental permit and is defined as the amount (mass) of a pollutant or a mixture of pollutants in wastewater, the maximum allowable (permitted) discharge per time unit.

2. Development of draft standards for permissible discharges shall be mandatory for facilities that discharge treated wastewater into a water body or onto the terrain.

Discharge of untreated wastewater to the standards of permissible discharge into a water body or onto the train shall be prohibited.

3. A discharge limit must be established for each pollutant in each wastewater outlet.

4. The rates ​​of permissible discharge standard shall be determined at levels at which compliance with the relevant environmental standards for water quality in the monitoring section is ensured, taking into account the basic anthropogenic background concentrations of pollutants in the water.

The basic anthropogenic background concentration of pollutants in water shall be understood as the rate of a pollutant concentration in a particular monitoring section of a water body under adverse conditions due to discharges from other sources that are carried out as of the time of determining the permissible discharge standards.

A control point when establishing standards for permissible discharge, should be understood as a section of a surface water body determined in accordance with this Code, on which monitoring and control of compliance with environmental water quality standards are carried out.

5. Discharge of sewage into the subsoil shall be prohibited, except for cases of treated wastewater injection into isolated non-watered underground horizons and underground aquifers, the underground waters of which cannot be used for drinking, balneological, technical needs, irrigation and livestock needs.

Wastewater treatment in the cases specified in part one of this paragraph shall be carried out in accordance with approved design solutions for oil products, suspended particles and hydrogen sulfide.

The discharge of other pollutants not indicated in part two of this paragraph, at waste water injection into the subsoil shall be fixed according to the maximum concentrations of pollutants in accordance with the methodology approved by the authorized environmental protection body. The maximum concentrations of pollutants shall be substantiated during the environmental impact assessment or in the draft standards for permissible discharges of pollutants. The discharge of such substances in excess of the established maximum concentrations of pollutants shall not be considered an excess emission.

It shall be prohibited to inject into underground horizons the wastewater not treated for oil products, suspended solids and hydrogen sulfide in accordance with part two of this paragraph.

Article 217. Technological discharge standards

1. For category I facilities, in addition to the standards for permissible discharges, technological standards for discharges shall be established by an integrated environmental permit.

2. With regard to new and currently reconstructed category I facilities, if calculations of the pollutants concentrations in the control section show that the total load on the water body will lead to violation of the established environmental standards for water quality or environmental quality targets, the integrated environmental permit must establish stricter permissible discharges than those that meet the BAT performance indicators, so that environmental water quality standards or environmental quality targets are met.

3. With regard to the existing category I facilities, if the calculations of the pollutants concentrations in the control section show an excess of the established environmental standards for water quality or environmental quality targets, the integrated environmental permit must establish stricter standards for permissible discharges than those that correspond to the BAT performance indicators, to the extent that achieving such more stringent discharge limits is technically feasible at an economic cost acceptable to the facility operator.

Article 218. Monitoring the compliance with permissible discharge standards

1. Monitoring of compliance with the standards of permissible discharges and their impact on the quality of the waters of a water body shall be conducted in accordance with the conditions established in the environmental permit in accordance with this Code.

2. Monitoring of compliance with environmental standards for the quality of waters of a surface water body shall be conducted at the control site.

The control site in surface water bodies used for domestic and drinking water supply and fishery purposes shall be installed at a distance of not more than five hundred meters from the wastewater discharge point (sewage discharge points, mining sites, works on a water body).

3. Rationale for determining the location and number of points at which monitoring of compliance with environmental water quality standards within the control site must be provided in the environmental permit.

4. In the event of a periodic (one-time) increase in the background concentration of controlled impurities, the excess of the allowable discharge standard caused by this background change shall not be deemed a violation of the permissible discharge standards.

Article 219. General provisions on environmental requirements for water bodies’ protection

1. To prevent harmful anthropogenic impact on water bodies, the environmental legislation of the Republic of Kazakhstan establishes mandatory environmental requirements for the protection of surface and ground waters when carrying out activities.2. Local representative bodies of regions, cities of republican status, the capital shall have the right, by their regulatory legal acts, in agreement with the authorized environmental protection body, to provide for the introduction of additional environmental requirements in the field of water bodies protection in the territories of individual administrative-territorial units in cases when on such territories the established environmental water quality standards are not observed.

Article 220. General environmental requirements for water use

1. At water bodies, general water use shall be exercised in accordance with the statutory procedure of the Republic of Kazakhstan.

2. When exercising general water use, individuals and legal entities shall be obliged to comply with the environmental requirements established by the environmental legislation of the Republic of Kazakhstan, requirements of the water legislation of the Republic of Kazakhstan, as well as the rules for general water use established by local representative bodies of regions, cities of republican status, the capital.

3. The right to special water use shall be granted on the basis of a permit for special water use, issued in accordance with the Water Code of the Republic of Kazakhstan.

4. The right of special water use, technologically directly related to the operation of a category I facility, shall be granted on the basis of an integrated environmental permit issued in accordance with this Code, and shall not require a separate permit for special water use.

5. Individuals and legal entities whose activities cause or may cause pollution, clogging and depletion of water bodies shall be obliged to take measures to prevent such consequences.

6. Requirements for the establishment of water protection zones and strips of water bodies, zones of sanitary protection of waters and sources of drinking water supply are established by the water legislation of the Republic of Kazakhstan.

7. In order to protect water bodies from pollution, the following shall be prohibited:

1) use of pesticides, fertilizers on the catchment area of ​​water bodies;

2) receipt and disposal of waste in water bodies;

3) discharge into water bodies of wastewater not treated to the levels established by the standards for permissible discharges;

4) carrying out blasting operations at water bodies, in which nuclear and other types of technologies are used, with concurrent release of radioactive and toxic substances.

Article 221. Environmental requirements for water withdrawal and (or) use

1. Withdrawal and (or) use of surface and ground waters in the order of special water use must be carried out in accordance with the terms of a permit for special water use or a comprehensive environmental permit, as well as in compliance with the environmental requirements provided for by this Code.

2. It shall be prohibited to withdraw and (or) use groundwater for purposes not provided for by the terms of a permit for special water use or a comprehensive environmental permit, or in violation of these terms.

3. To ensure state accounting of groundwater, to control its use and protect the environment, the water users engaged in groundwater withdrawal and (or) the use of groundwater in the order of special water use shall be obliged, in accordance with the requirements of the water legislation of the Republic of Kazakhstan to:

1) keep primary records of water withdrawn from groundwater bodies and discharged into them;

2) equip water intake and sluiceway structures with means for measuring groundwater flow and install control devices on self-flowing hydrogeological wells;

3) keep control of the groundwater intake, operational control over the operation of wells and monitor compliance with the technological regime in accordance with frequency and other requirements provided for by the approved project (technological scheme);

4) provide primary statistical data on the use of groundwater in accordance with the statistical methodology approved by the authorized state statistics body.

Article 222. Environmental requirements for wastewater discharge

1. Discharge of sewage into natural surface and underground water bodies shall be allowed only in the existence of an appropriate environmental permit.

2. Persons using sewage reservoirs and (or) artificial water bodies intended for natural biological wastewater treatment are required to take the necessary measures to prevent their impact on the environment, and also to carry out land reclamation after the termination of their operation.

3. Creation of new (expansion of existing) evaporator storage tanks shall be allowed with the permission of local executive bodies of regions, cities of republican status, the capital, if it is impossible to use other methods for the disposal of generated wastewater or prevent the formation of wastewater in the process, which should be substantiated when assessing the impact on environment.

4. Designed (newly commissioned) sewage evaporators must be equipped with an impervious screen to prevent the penetration of pollutants into the subsoil and groundwater. Technological and technical solutions for preliminary treatment of wastewater prior to its placement in storage tanks shall be determined and substantiated during the environmental impact assessment.

5. Operators of categories I and (or) II facilities shall ensure compliance with environmental standards for discharge established in the environmental permit.

6. The temperature of wastewater discharged into surface water bodies should not exceed 30 degrees Celsius.

7. Discharged wastewater should not contain substances that are aggressive to concrete and metal.

8. It shall not be allowed to discharge sewage water, regardless of its purification degree, into surface water bodies in the sanitary protection zones of centralized drinking water supply sources, resorts, in places designated for bathing.

9. Operators of categories I and (or) II facilities discharging wastewater or having a closed water supply cycle, must use water volume meters and keep logs of water consumption and sanitation in accordance with the water legislation of the Republic of Kazakhstan.

Operators of categories I and (or) II facilities are obliged for the purpose of rational use of water resources to develop and implement measures for the water reuse, recycling water supply.

10. It shall be prohibited to discharge sewage water without preliminary treatment, with the exception of discharges of mine and quarry waters of mining and metallurgical enterprises into storage ponds and (or) evaporation ponds, as well as water used for water cooling, into storage tanks located in a closed ( recirculating) water supply system.

11. When discharging wastewater, water users shall be required to:

1) ensure determination of the chemical composition of discharged waters in their own or other laboratories accredited as prescribed by the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment;

2) transfer to the authorized state bodies in the field of environmental protection, use and protection of the water fund and the state body in the field of sanitary and epidemiological welfare of the population urgent information about emergency discharges of pollutants, as well as violations of the established regime for the intake of surface and ground waters and the object of wastewater discharge (injection).

12. Discharge of waste into surface water bodies shall be prohibited.

Article 223. Environmental requirements for the pursuit of activities in water protection zones

1. Within the water protection zone, the following shall be prohibited:

1) design, construction and commissioning of new and reconstructed buildings, structures (with the exception of anti-mudflow, anti-landslide and anti-flood facilities) and their complexes, not provided with structures and devices that prevent pollution and clogging of water bodies and their water protection zones and strips;

2) placement and construction outside settlements of warehouses for storing petroleum products, maintenance points for special equipment, mechanical workshops, car washes, waste disposal sites, as well as placement of other facilities that have a negative impact on water quality;

3) construction, dredging and blasting works (with the exception of anti-mudflow, anti-landslide and anti-flood operations), mining, laying cables, pipelines and other communications, drilling, agricultural and other works, except when these works are agreed with the authorized state bodies in the field of environmental protection, use and protection of the water fund.

2. Within settlements, the boundaries of the water protection zone shall be established based on the specific conditions for their planning and development, with mandatory engineering or forest reclamation of the coastal zone (parapets, dikes, forest and shrub strips), excluding clogging and pollution of the water body.

Article 224. Environmental requirements for groundwater protection

1. The project (technological scheme), on the basis of which the abstraction and use of groundwater amounts to two thousand cubic meters per day, shall be subject to state environmental expertise.

2. Subsoil users conducting search and evaluation of deposits and areas of groundwater, as well as water users engaged in the abstraction and (or) use of groundwater, shall ensure:

1) exclusion of the possibility of pollution of groundwater bodies;

2) exclusion of the possibility of mixing waters of different aquifers and flow from one horizon to another, if this is not provided for by the project (technological scheme);

3) exclusion of the possibility of uncontrolled unregulated release of groundwater, and in emergency cases - urgent adoption of measures to eliminate water losses;

4) at the end of the activity - reclamation on land plots disturbed in the process of subsoil use, abstraction and (or) use of groundwater.

3. When assessing the environmental impact of the planned activity in terms of impact on groundwater, the associated risks of indirect impact on surface water bodies and other natural environment components shall be taken into account, including in the form of flooding, inundation, desertification, waterlogging of lands, occurrence of landslides, ground subsidence and other similar consequences, as well as the necessary measures to prevent such indirect impact.

4. Water users who abstract and (or) use groundwater shall be obliged to prevent irretrievable losses of water and deterioration of its quality properties due to shortcomings in the operation of wells.

5. Requirements for equipment with control devices, conservation and liquidation of hydrogeological wells are established by the water legislation of the Republic of Kazakhstan.

6. The use of groundwater of drinking quality for needs unrelated to drinking and (or) household water supply shall not be allowed, except for the cases provided for by the Water Code of the Republic of Kazakhstan and the Code of the Republic of Kazakhstan On Subsoil and Subsoil Use.

7. On the catchment areas of underground water bodies that are used or can be used for drinking and domestic water supply, waste disposal, placement of cemeteries, animal burial grounds (biothermal pits) and other objects that have a negative impact on the state of groundwater shall not be allowed.

8. It shall be prohibited to put into operation water intake facilities for groundwater without equipping them with water control devices, water meters, and without establishing sanitary protection zones and creating monitoring points for indicators of the state of groundwater bodies in accordance with the water legislation of the Republic of Kazakhstan.

9. It shall be prohibited to irrigate land with sewage if it has or may have a harmful effect on the state of groundwater bodies.

10. Water users abstracting and (or) using groundwater in the amount of two thousand cubic meters per day shall be obliged to carry out at their own expense research and development work to find new and improve existing methods and technological schemes for the development of groundwater deposits, upgrade technological equipment, means of continuous and periodic monitoring, ensure groundwater protection from depletion and pollution, protection of mineral resources and the environment.

11. In order to protect underground water bodies that are used for domestic and drinking water supply, and the waters of which have natural medicinal properties, sanitary protection zones shall be established in accordance with the Water Code of the Republic of Kazakhstan.

12. In the area where waste water is injected into absorption wells, systematic laboratory monitoring of water quality in nearby wells, springs, boreholes should be organized at the expense of the water user in accordance with the program of industrial environmental control.

Article 225. Environmental requirements for the protection of groundwater bodies in subsoil use operations

1. When assessing the impact on the environment of the planned subsoil use operations, it shall be mandatory to assess the impact on groundwater bodies and determine the necessary measures for the groundwater protection. Measures for the groundwater bodies’ protection during subsoil use operations shall be designed as part of the relevant project document for subsoil use operations.

2. Groundwater bodies exposed during subsoil use operations must be provided with reliable isolation to prevent their pollution.

3. If during subsoil use operations it is planned to open a groundwater body that can be used as a source of drinking and (or) for utility water supply, the toxicological characteristics of chemical reagents used for the preparation (treatment) of drilling and cement mortars must be agreed with the state body in the field of sanitary and epidemiological welfare of the population when issuing an environmental permit.

4. In the event of an undesigned opening of a groundwater body during subsoil use operations, the subsoil user shall immediately take measures to protect groundwater bodies in the manner established by the water legislation of the Republic of Kazakhstan, and notify the authorized state bodies in the environmental protection, use and protection of the water fund, for the study of subsoil, the state body in the field of sanitary and epidemiological welfare of the population.

Article 226. Environmental requirements for pursuit of activities in the safety zone of the Republic of Kazakhstan

1. The protection zone of the Republic of Kazakhstan is a land area extending five kilometers from the sea coastline towards the land, which may be polluted due to oil spills on the sea and inland water bodies or be a source of sea pollution.

2. Within the safety zone of the Republic of Kazakhstan, it is prohibited to build landfills for waste disposal.

Article 227. Environmental requirements for water bodies’ protection in accidents

1. In case of deteriorated water quality of water bodies used for drinking, household water supply or amenity water use, which is caused by emergency discharges of pollutants and which poses a threat to human life and (or) health, urgent measures shall be taken to protect the population in accordance with the legislation of the Republic of Kazakhstan on civil protection.

2. In the event of an emergency at categories I and II facilities, which results or may result in violation of the established environmental standards for water quality, the facility operator must immediately, in any case, not more than two hours from the moment the emergency is discovered, notify the authorized environmental protection body and take all necessary measures to prevent water pollution down to partial or complete shutdown of the operation of the relevant sources or the facility as a whole, and also eliminate the negative consequences for the environment caused by such an emergency.

SECTION 16. LAND PROTECTION Article 228. General provisions on land protection

1. Lands shall mean the earth's surface (territorial space), including the soil layer, which is used or can be used in the course of activities to meet the material, cultural and other needs of society.

2. Soil layer (soil) means an independent natural-historical organo-mineral natural body that arose on the surface of the earth as a result of prolonged exposure to biotic, abiotic and anthropogenic factors, consisting of solid mineral and organic particles, water and air and having specific genetic and morphological features, properties that create appropriate conditions for the growth and development of plants.

3. Lands in accordance with the environmental legislation of the Republic of Kazakhstan shall be subject to protection from:

1) anthropogenic pollution of the earth's surface and soils;

2) littering of the earth's surface;

3) degradation and depletion of soils;

4) disturbance and deterioration of land in a different way (due to water and wind erosion, desertification, flooding, inundation, swamping, secondary salinization, desiccation, compaction, technogenic changes in natural landscapes).

4. Lands in accordance with the environmental legislation of the Republic of Kazakhstan shall be subject to protection in order to prevent:

1) causing harm to people’s life and (or) health;

2) violations of sustainability of the functioning of ecological systems;

3) degradation and loss of forests;

4) reduction of biodiversity;

5) causing environmental damage.

5. Soil pollution is the presence in the soil of pollutants in concentrations exceeding the environmental standards for soil quality established by the state.

The sources of soil pollution are recognized as the entry of pollutants into the soil as a result of anthropogenic and natural factors, as well as formation of pollutants in soils as a result of chemical, physical and biological processes occurring in them.

6. Pollution of the earth's surface is recognized as the entry of pollutants onto the earth's surface and into the upper layer of soil in an amount that prevents the use of such land in accordance with its intended purpose.

7. Land protection shall be carried out from all types of pollution, including as a result of the ingress of pollutants from physical media (atmospheric air and water) contacting with the earth's surface and soil.

8. Cluttering of the earth's surface is unorganized placement of solid waste on the earth's surface, which prevents the use of land for its intended purpose or worsens its aesthetic value.

9. Soil degradation is understood as deterioration of the properties and composition of the soil, which determine its fertility (soil quality), as a result of the impact of natural or anthropogenic factors.

Soil depletion is understood to be complete loss of the fertile properties of the soil.

Article 229. Environmental standards for soil quality

1. Environmental standards for soil quality shall be established for chemical indicators in the form of maximum permissible concentrations of pollutants in the soil.

2. The maximum permissible concentration of pollutants in soil shall be understood as maximum amount (mass) of a chemical substance recognized in accordance with this Code as a pollutant, which) when exceeded becomes unsuitable for one or more types of land use, causes degradation of natural environment components or violates sustainability of ecological systems and biodiversity.

3. Soil quality standards shall be developed and established taking into account the natural features of the territories and land categories established in accordance with the land legislation of the Republic of Kazakhstan.

4. Natural background content of a substance in the soil - is the content of a substance in the soil corresponding to its natural composition.

5. If, in compliance with the established environmental standards for soil quality, signs of deterioration in the state of living elements of the natural ecological system (plants, animals and other organisms) are found, confirmed by scientific research for a period of at least five years, then for such territories the relevant local representative body of the region, city of the republican status, the capital, in agreement with the authorized environmental protection body, shall establish more stringent territorial environmental standards for soil quality, under which there is no negative deviation of the indicators of the state of the most vulnerable group of biological objects used as soil quality indicators.

Article 230. Environmental requirements in zoning and use of agricultural land

1. When zoning agricultural land, environmental safety and agricultural land quality must be ensured.

2. Zoning of agricultural land shall be based on indicators of the degree of environmental distress, the criteria of which are physical degradation and chemical pollution.

3. The level of chemical contamination of lands shall be determined with the use of the maximum permissible concentrations of chemicals in the soil, approved by the authorized environmental protection body and the state body in the sanitary and epidemiological welfare of the population.

4. Environmental criteria for assessing lands in order to determine the need for their transfer from more valuable to less valuable, conservation, as well as assignment to an ecological disaster zone or a zone of environmental emergency shall be approved by the authorized environmental protection body (hereinafter referred to as environmental criteria for assessing land).

Article 231. Environmental requirements for land zoning and use in populated localities

1. Zoning of the lands of populated localities shall be based on environmental criteria for lands assessment.

2. When transferring lands of populated localities to lands of other categories, the possibility of pollutants ingress from such lands into the atmospheric air and waters of such territories and their direct impact on the people’s life and (or) health shall be taken into account.

3. For the ecological emergency zone, a special use mode shall be established, which does not entail further deterioration of the environmental situation.

Article 232. Environmental requirements in zoning and use of industrial, transport, communications, defense and other non-agricultural lands

1. When zoning industrial, transport, communications, defense and other non-agricultural lands, environmental safety shall be ensured.

2. In order to ensure environmental safety and create the necessary conditions for the operation of industrial, transport and other facilities, zones shall be established with regard to creation of special conditions for the use of these lands, contributing to the environment improvement.

3. When transferring lands of industry, transport, communications, defense and other non-agricultural purposes to lands of other categories, zones shall be taken into account within which the types of activities that are incompatible with the purposes of establishing zones shall be restricted or prohibited.

4. An additional environmental criterion when transferring lands of industry, transport, communications, defense and other non-agricultural purposes to lands of other categories is their contamination with chemicals above the levels established in the environmental criteria for assessing lands. The lands referred to the highest pollution level shall be subject to conservation and transferred to reserve lands.

Article 233. Environmental requirements for the use of lands of specially protected natural areas and recreational lands

1. The mode of the use of lands of specially protected natural territories is regulated by the Land Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan On Specially Protected Natural Territories.

2. In order to maintain favorable environmental and sanitary and epidemiological conditions, sanitary protection zones shall be established on the territory of recreational lands during their zoning.

3. Persons engaged in tourist operator and (or) tourist agency activities, when forming and selling a tourist product that involves tourism in a specially protected natural area, must be guided by the following ecological tourism principles:

1) compliance of the planned number of tourists simultaneously staying in a certain territory with the recreational loads established in relation to such a territory;

2) prevention of harm to the environment;

3) choice of vehicles that have the least negative impact on the environment;

4) minimizing the formation of solid household waste and ensuring their placement in the places designated for their collection or independent removal from specially protected natural areas;

5) informing tourists about the places visited and instructing them on the rules of conduct in them;

6) involvement of persons permanently residing in the visited territories and (or) near them, in the organization and conduct of tours and obtaining economic benefits.

Article 234. Environmental requirements for the use of forestry fund lands

1. The mode of forestry fund lands use is regulated by the Land Code of the Republic of Kazakhstan and the Forest Code of the Republic of Kazakhstan.

2. The state of vegetation as an indicator of the ecological state of the territory should be considered as an ecological criterion for classifying lands as forestry fund.

3. Agricultural land not used for the needs of forestry on the lands of the forestry fund may be transferred to the category of agricultural land in accordance with the forest legislation of the Republic of Kazakhstan.

4. The transfer of forestry fund lands to lands of other categories shall be allowed in the presence of a positive conclusion of the state ecological expertise in accordance with the requirements of the forest legislation of the Republic of Kazakhstan.

5. When transferring forestry fund lands to lands of other categories, environmental indicators should be taken into account, reflecting the impact of the land condition on grass and woody vegetation in accordance with the environmental criteria for land assessment.

Article 235. Environmental requirements for zoning and use of the water fund lands

1. When zoning the water fund lands, the protection of water bodies shall be ensured.

2. Land plots from the water fund lands may be provided for temporary land use by local executive bodies in agreement with the authorized state body in the use and protection of the water fund to individuals and legal entities for the needs of agriculture, forestry, fishing, hunting and other purposes, not contradicting the main intended purpose of the land plot, which do not entail pollution and land degradation and, accordingly, environmental degradation.

3. The transfer of the water fund lands to lands of other categories shall be allowed in the existence of positive conclusions of state environmental and sanitary-epidemiological examinations in accordance with the requirements of the water legislation of the Republic of Kazakhstan in the event of:

1) termination of the existence of a water body or a significant change in its environmental and hygienic indicators;

2) referring them to the lands of specially protected natural areas;

3) changes in the boundaries (features) of the populated localities, entailing a change in the environmental situation.

4. The lands allotted as water protection strips cannot be transferred to the categories of lands of populated localities and industry; a special regime of economic activity shall be established on them to prevent pollution, clogging and depletion of water.

Article 236. Environmental requirements for zoning and use of reserve lands

1. When zoning reserve lands, the area of showing negative changes and spatial heterogeneity of the distribution of sites of varying degradation degrees at the researched area shall be taken into account.

2. The degradation rate of ecosystems shall be calculated based on fifty-year series of observations. Assessment of ecosystem degradation degree shall be carried out in accordance with the environmental criteria for land assessment.

3. Reserve lands can be transferred to lands of other categories, depending on the purposes of further use, only after the boundaries of the lands, into the category of which they are transferred, are established on the ground. When transferring reserve lands to other categories, preliminary selection of a land plot shall be made in accordance with environmental requirements for this category of lands.

4. The transfer of disturbed lands from the category of reserve lands is possible after accomplished reclamation and measures to improve the quality of lands and the environmental situation.

5. Land plots from the reserve lands, where nuclear weapons tests were carried out in the past, can be provided for ownership or land use only after completion of all measures to eliminate the consequences of nuclear weapons testing and a comprehensive environmental survey in the presence of positive conclusions from state environmental and sanitary and epidemiological expertise.

6. The provisions of paragraphs 3, 4 and 5 of this Article shall not apply to the lands of the nuclear safety zone provided to the authorized organization for ensuring the functioning of the Semipalatinsk nuclear safety zone in accordance with the legislation of the Republic of Kazakhstan.

Footnote. Article 236 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective from January 1, 2024).

Article 237. Environmental requirements for optimal land use

1. The main environmental requirements for optimal land use shall be:

1) scientific rationale and forecasting of the environmental consequences of the proposed land transformations and land redistribution;

2) rationale and implementation of a uniform state environmental policy in the planning and organization of land use and protection of all categories of land;

3) ensuring the targeted use of land;

4) formation and placement of environmentally sound compact and optimal land plots;

5) development of a set of measures to maintain sustainable landscapes and protect the land;

6) development of measures for the protection of land;

7) preservation and strengthening of environment-forming, water protection, protective, sanitary-epidemiological, health-improving and other useful natural properties of forests in the interests of protecting human health and the environment;

8) conservation of biodiversity and ensuring sustainable functioning of ecological systems.

2. Provision of land plots for the placement and operation of enterprises, structures and other facilities shall be in compliance with environmental requirements and take into account the environmental consequences of the activities of these facilities.

3. For the construction and erection of facilities unrelated to agricultural production, lands unsuitable for agricultural purposes, with the lowest soil quality score, should be allocated.

Article 238. Environmental requirements for the use of land

1. When using land, individuals and legal entities must not allow land pollution, littering of the earth's surface, soil degradation and depletion, and are also obliged to ensure the removal and preservation of the fertile soil layer when necessary to prevent its irretrievable loss.

2. In subsoil use operations, the subsoil users and other persons, when performing construction and other works related to land disturbance, shall:

1) keep the occupied land plots in a condition suitable for their further use for their intended purpose;

2) prior to the start of work related to disturbance of lands, remove the fertile soil layer and ensure its preservation and use in the future for the purposes of reclamation of the disturbed lands;

3) carry out reclamation of disturbed lands.

3. When carrying out subsoil use operations, construction and other works related to disturbance of land, the following shall be prohibited:

1) violation of the vegetation cover and soil layer outside the land plots (lands) allotted in accordance with the legislation of the Republic of Kazakhstan for subsoil use operations, construction and other relevant works;

2) removal of the fertile soil layer for the purpose of selling or transferring it to the ownership of other persons.

4. When choosing the direction of reclamation of disturbed lands, the following should be taken into account:

1) the nature of the violation of the surface of the earth;

2) natural and physiographic conditions of the facility location area;

3) socioeconomic features of the facility location, taking into account the prospects for the development of such an area and environmental protection requirements;

4) the need to restore the main area of ​​disturbed lands for cropland in the black earth and intensive agriculture zone;

5) the need to restore disturbed lands in the immediate vicinity of settlements for gardens, farming and recreation areas, including creation of reservoirs in the worked-out area and decorative garden and park complexes, landscapes on stripping soils dumps and enrichment waste;

6) performance of planning works on the territory of an industrial facility, elimination of unnecessary excavations and embankments, removal of construction waste and improvement of the land plot;

7) ravines and gullies on the used land, which must be filled or flattened out;

8) mandatory landscaping of the territory.

5. In the event of using land plots for the accumulation, storage, disposal of industrial waste, they must meet the following requirements:

1) comply with the sanitary and epidemiological rules and standards for the design, construction and operation of industrial waste disposal sites;

2) have low-filtering soils where groundwater stands no higher than two meters from the bottom of the storage with a slope on the ground of 1.5 percent in the direction of the water reservoir, agricultural land, forests, industrial businesses;

3) location on the leeward side of the settlement and lower in the direction of the groundwater flow;

4) location on the ground, not inundated by flood and storm waters;

5) have engineering impervious protection, fencing and landscaping along the perimeter, access roads with a hard surface;

6) surface and underground runoff from the land should not flow into water bodies.

6. Introduction of new technologies, implementation of measures for land reclamation and soil fertility improvement shall be prohibited in case of their non-compliance with environmental requirements, sanitary and epidemiological norms and rules, other requirements provided for by the legislation of the Republic of Kazakhstan.

7. The procedure for using lands subjected to radioactive and (or) chemical contamination, establishing security zones, preserving residential buildings, industrial, commercial and socio-cultural facilities on these lands, carrying out reclamation and technical work on them shall be determined taking into account the maximum permissible levels of radiation and chemical influences.

8. In order to protect land, the land owners and land users shall take measures to:

1) protect lands from water and wind erosion, mudflows, landslides, flooding, inundation, swamping, secondary salinization, drying out, compaction, contamination with radioactive and chemical substances, littering, biogenic pollution, as well as other negative impacts;

2) protect lands from contamination with quarantine objects, alien species and especially dangerous harmful organisms, their spread, overgrowth with weeds, shrubs and small forests, as well as from other types of land deterioration;

3) eliminate the consequences of pollution, including biogenic, and littering;

4) maintain the achieved level of melioration;

5) reclaim disturbed lands, restore the soil fertility, timely involve lands into circulation.

9. On the lands of settlements, the use of cooking salt for de-icing shall be prohibited.

SECTION 17. NATURE PROTECTION Chapter 15. GENERAL PROVISIONS Article 239. General provisions

1. Biological diversity means variability of living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part, and includes diversity within species, between species and ecosystem diversity.

2. Ecological system (ecosystem) shall be understood as a dynamic complex of communities of plants, animals and other organisms, their inanimate habitat, which is an objectively existing part of the natural environment, interacting as a single functional whole and interconnected by the exchange of matter and energy, which has spatial and territorial boundaries.

Habitat refers to the type of terrain or natural habitat of an organism or population.

3. A natural landscape is a territory that has not been changed as a result of human activities and is characterized by a combination of certain types of terrain, soils, vegetation, formed in uniform climatic conditions.

4. Biological resources are understood as genetic resources, organisms or their parts, populations or any other biotic components of ecological systems that have actual or potential utility or value for humanity.

5. Activities that threaten destruction of the genetic fund of living organisms, loss of biodiversity and disruption of the sustainable functioning of ecological systems shall be prohibited.

Article 240. Measures for biodiversity conservation

1. For the purpose of biodiversity conservation, the following hierarchy of measures shall be applied in descending order of their preference:

1) measures to prevent negative impacts are in priority;

2) when the negative impact on biodiversity cannot be prevented, measures should be taken to minimize it;

3) when the negative impact on biodiversity cannot be prevented or minimized, measures should be taken to mitigate its consequences;

4) to the extent that negative impacts on biodiversity have not been prevented, minimized or mitigated, measures must be taken to compensate for the loss of biodiversity.

Measures to prevent negative impacts on biodiversity shall be understood as measures aimed at avoiding any impacts on biodiversity from the very early stage of planning activities and throughout the entire period of its implementation.

Measures to minimize the negative impact on biodiversity shall be understood as measures to reduce the duration, intensity and (or) level of impacts (direct and indirect) that have not been prevented.

Measures to mitigate the consequences of a negative impact on biodiversity shall be understood as measures aimed at creating favorable conditions for the conservation and restoration of biodiversity.

2. When conducting a strategic environmental assessment and environmental impact assessment, the following shall be required:

1) determining of negative impacts of the developed Document or planned activities on biodiversity (through research);

2) measures for prevention, minimization of negative impacts on biodiversity, mitigation of the consequences of such impacts;

3) in case of identifying the risk of biodiversity loss, an assessment of biodiversity loss shall be carried out with measures provided for their compensation.

Article 241. Loss of biodiversity and compensation for loss of biodiversity

1. The loss of biodiversity shall be understood as disappearance or significant reduction in populations of a species of flora and (or) fauna in a certain territory (in the water area) resulting from anthropogenic impacts.

2. Compensation for the loss of biodiversity should be focused on a permanent and long-term increase in biodiversity and is carried out in the form of:

1) restoration of biodiversity lost as a result of the activities carried out;

2) introduction of the same or another type of biodiversity that is no less important for the environment in the same territory (in the water area) and (or) in another territory (in the water area), where such biodiversity is more important.

3. It shall not be allowed to implement the Document or the proposed activity if:

1) this will lead to the loss of biodiversity in terms of flora and (or) fauna or their communities, which are rare or unique, and there is a risk of their destruction and impossibility of reproduction;

2) this will lead to the loss of biodiversity in terms of flora and (or) fauna or their communities that are an integral part of the unique landscape, and there is a risk of its destruction and impossibility of restoration;

3) this will lead to the loss of biodiversity and there are no sites with conditions suitable for compensating for the loss of biodiversity without deteriorating the state of ecosystems;

4) this will lead to the loss of biodiversity and there are no technologies or methods to compensate for the loss of biodiversity;

5) this will lead to the loss of biodiversity and compensation for the loss of biodiversity is impossible for other reasons.

4. Measures to compensate for the loss of biodiversity shall be subject to mandatory implementation.

5. The procedure for performing compensation for the loss of biodiversity shall be determined by the authorized body for the protection, reproduction and use of wildlife.

Article 242. Ecosystem services

1. Ecosystem services shall be understood as the benefits received by individuals and legal entities from the use of ecosystems, their functions and useful properties, including:

1) supplying ecosystem services - products derived from ecosystems, such as food, fuel, fiber, fresh water and genetic resources;

2) regulating ecosystem services - benefits derived from the regulation of ecosystem processes, such as air quality maintenance, climate regulation, soil erosion prevention, regulation of human diseases and water purification;

3) cultural ecosystem services are understood as non-material benefits received from ecosystems through spiritual enrichment, cognitive development, reflection, recreation and aesthetic experience;

4) supporting ecosystem services - services necessary for the production of all other ecosystem services, such as production of primary products, oxygen production and soil formation.

2. Assessment of the state of ecosystems and ecosystem services shall be carried out on the basis of methods aimed at determining sustainability of the ecosystem and its components, as well as linking ecosystem services with the population’s well-being.

3. The procedure for assessing ecosystem services includes four steps:

1) determination of the scope of works and services provided by ecosystems that will be affected by the planned activities of individuals and legal entities;

2) determination of the background state - assessment of the state of ecosystems and ecosystem services for ecosystems that will be affected by the planned activities of individuals and legal entities, determination of users of ecosystem services and the benefits that they can receive from the services provided;

3) impact assessment - determination of the potential impact on ecosystems and its components, ecosystem services and their users, significance of this impact and the most significant ecosystem services;

4) assessment of measures to reduce the negative and residual impact - determining the list of measures that can be taken to predict and prevent the negative impact on the most significant ecosystem services, in cases when it is impossible to prevent the impact, taking measures to minimize it; if there is a residual impact after adoption of mitigation measures, steps shall be taken to compensate for it. Mitigation measures should aim to reduce adverse impacts to a low or non-significant level.

Article 243. Payments for ecosystem services

1. Payments for ecosystem services are voluntary payments made by consumers of ecosystem services to providers of ecosystem services as a reward for the fulfillment by the latter of certain actions or conditions necessary for such consumers to receive benefits from ecosystem services.

Providers of ecosystem services are any individuals and legal entities whose activities are directed or associated with creation or maintenance at some level of individual ecosystem services.

Consumers of ecosystem services are individuals and legal entities that derive benefit, including economic, from the use of ecosystem services and are interested in maintaining such ecosystem services at a certain level.

2. Payments for ecosystem services do not relate to taxes and other obligatory payments to the budget and are made on a contractual basis in accordance with the civil legislation of the Republic of Kazakhstan.

Payments for ecosystem services can be in cash or in kind. The amount and form of payments for ecosystem services shall be determined by consent of the parties to the relevant agreement.

Chapter 16. ECOLOGICAL REQUIREMENTS FOR THE USE OF WILDLIFE Article 244. Ecological requirements for the general use of wildlife

1. The wildlife general use shall be exercised without removal of wildlife objects from the habitat in accordance with the legislation of the Republic of Kazakhstan on the protection, reproduction and use of wildlife.

2. In the order of general use of the animal world, the use shall be made of the beneficial properties of the vital activity of animals, as well as the use of objects of the animal world for scientific, cultural-educational, educative, aesthetic and other purposes, not prohibited by the legislative acts of the Republic of Kazakhstan.

3. When exercising the general use of wildlife, it shall be prohibited to withdraw animals, destroy their dwellings and other structures, disturb animals during the breeding season, disturb the habitat of animals and worsen the conditions for their reproduction.

Article 245. Environmental requirements in the implementation of urban planning and construction activities

1. When conducting a mandatory environmental impact assessment or a strategic environmental assessment, the impact of the proposed activity or document being developed on the state of the animal world, habitat, migration routes and breeding conditions of animals must be taken into account and assessed, and measures must be determined to preserve the habitat and breeding conditions for wildlife objects, migration routes and places of concentration of animals, inviolability of sites of particular value as a habitat for wild animals should be ensured.

2. It shall be prohibited to put into operation buildings, structures and their complexes without technical and engineering means of protecting animals and their habitat.

3. When placing, designing and building railways, roads, main pipelines, communication lines, wind power plants, as well as canals, dams and other hydraulic structures, measures must be developed and implemented to ensure preservation of migration routes and prevention of death of animals.

4. Explosive and other works that are a source of increased noise shall be limited in animal breeding areas by the legislation of the Republic of Kazakhstan.

5. The operation of hydraulic and other structures at water bodies, establishment of the hydrological regime of water bodies and the regime of water consumption from them, as well as other activities that affect or may affect the state of the habitat of wild animals, must be carried out taking into account the requirements for the protection of wildlife, the interests of fish and hunting farms.

Article 246. Environmental requirements in the construction and operation of electric power networks

1. When placing, designing, building, operating, repairing, reconstructing and upgrading electric power networks, measures must be developed and implemented to ensure prevention of the death of birds and other wild animals, preservation of habitats, breeding conditions, migration routes and places of concentration.

2. Entities operating electrical networks shall carry out regular inspection of electric power networks to identify their negative impact on birds and other wild animals and, if necessary, take measures to reduce it.

Article 247. Environmental requirements for mowing dry coastal-aquatic vegetation

Mowing of dry coastal-aquatic vegetation, with the exception of vegetation on the territory of water bodies of special state significance, is allowed in order to reduce the risk of fires, as well as in case of economic necessity in coordination with the authorized state body in the field of protection, reproduction and use of wildlife.

Footnote. Article 247 as amended by the Law of the Republic of Kazakhstan dated 02.01.2023 No. 184-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 248. Environmental requirements for transportation, storage and use of plant protection products, mineral fertilizers and other agents used in the activity, creation of new agents

1. When transporting, storing and using plant protection products, mineral fertilizers and other agents used in activities, creating new agents, individuals and legal entities shall be obliged to comply with the rules for the transportation, storage and use of these agents and take measures to ensure prevention of disease and death of animals.

2. When creating new remedies, standards for their use in the environment should be developed.

3. To prevent the death of animals and deterioration of their habitat, at the proposal of the authorized state body in the protection, reproduction and use of the animal world, the authorized environmental protection body may determine certain territories on which the use of pesticides, weed killers and other chemicals is limited or prohibited.

4. It shall be allowed to use pesticides that are included in the list of pesticides approved by the authorized body for plant protection in agreement with the authorized environmental protection body and the state body in the sanitary and epidemiological welfare of the population.

5. Inclusion in the list of pesticides specified in paragraph 4 of this article shall be allowed after toxicological studies, hygienic regulation of their handling, establishment of hygienic and environmental standards and state registration of these pesticides.

6. State registration of pesticides shall be carried out in the procedure determined by the authorized body for plant protection in agreement with the authorized environmental protection body and the state body in the sanitary-epidemiological welfare of the population.

7. In the presence of potentially hazardous chemical and biological substances in mineral fertilizers and other agents, the authorized body for plant protection, on the proposal of the authorized state body in the field of protection, reproduction and use of wildlife or the authorized environmental protection body, shall conduct toxicological studies, on the basis of which environmental standards are established for these mineral fertilizers and other agents.

8. The following shall be forbidden:

1) extraction of animal world objects with the use of explosive devices, pesticides and other chemicals, with the exception of the use of pesticides and other chemicals in the extermination of field rodents, as well as in cases of mass epizootics, rabies and other animal diseases in agreement with the authorized state body in the field of protection, reproduction and use of wildlife;

2) the use of pesticides, weed killers, mineral fertilizers and other agents:

in protected areas in specially protected natural zones;

in designated rest zones in places of mass accumulation of animals during the migration and breeding season, as well as in areas of particular value as a habitat for wild animals;

in designated habitats and artificial breeding of rare and endangered animal species;

3) leave in agricultural and other lands on the surface of the earth treated seeds that are not embedded in the soil and are available for eating by wild animals.

9. In order to protect fish and other aquatic animals from pollution of their habitat with pesticides, weed killers and other chemicals, within two kilometers from the existing shores of fishery reservoirs and (or) sites, the following shall be prohibited:

1) application of the aerial pollination method in the control of pests, plant diseases and weeds;

2) construction of warehouses for storage of pesticides, weed killers, mineral fertilizers and petroleum products, construction of runways for conducting aerial chemical work, as well as sites for filling ground equipment with pesticides, weed killers and baths for bathing sheep.

Article 249. Environmental requirements for introduction, reintroduction and hybridization of plant and animal species

Footnote. The title of Article 249 as amended by the Law of the Republic of Kazakhstan dated 02.01.2023 No. 184-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. The introduction, reintroduction and hybridisation of animal species within the territory of the Republic of Kazakhstan shall be allowed for research and economic purposes by permission of the authorised state body in the field of protection, reproduction and use of fauna based on biological justification.

Introduction refers to the intentional or accidental transfer of plant species outside their natural habitat and animals outside their habitat.

Introduction of plants is carried out in accordance with the legislation of the Republic of Kazakhstan in the field of protection, conservation, restoration and use of flora.

2. The introduction of hybrid animals into the natural environment shall be prohibited.

3. The unauthorised introduction, reintroduction and hybridisation of animal species shall be prohibited to natural and legal persons.

4. Natural and legal persons who keep or breed wild animals in captivity and (or) semi-free conditions, as well as domestic animals that may cross-breed with wild animals or cause harm to them, shall be obliged to take measures to prevent such animals from releasing into the natural environment.

Footnote. Article 249 as amended by the Law of the Republic of Kazakhstan dated 02.01.2023 No. 184-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 250. Environmental requirements for the import into and export from the Republic of Kazakhstan of animals

The import into and export from the Republic of Kazakhstan of animals covered by the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall be allowed under a permit issued in obedience to the procedure determined by the authorised state body in the field of protection, reproduction and use of fauna.

Animals from the Republic of Kazakhstan shall be exported in the manner prescribed by the legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.

Article 251. Environmental requirements in fisheries

1. Rules of fishery, objects of fishery, procedure of assignment of fishery ponds and (or) areas for fish management and fishery, provision of fish resources and other aquatic animals shall be established by the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna.

2. In the order of common use of wildlife, in cases stipulated by the legislation of the Republic of Kazakhstan, natural persons shall be allowed free recreational (sport) fishing in the reserve fund of fishery water bodies and (or) sites up to five kilograms per angler per fishing trip. Herewith, the established rules, regulations, restrictions and prohibitions in the field of wildlife protection, reproduction and use shall be observed.

3. Hydromelioration works in wetlands, habitats, distribution areas of fish resources, and other aquatic animals shall be carried out under the permission of the authorized state body in the field of protection, reproduction and use of fauna.

Article 252. Environmental requirements for the use of beneficial properties and products of animal life

1. Use of the beneficial properties and products of animals shall be permitted without taking or destroying animals, degrading their habitat or causing harm to animals.

2. Use of wild animals for the purpose of obtaining their wildlife products shall be allowed without taking or destroying the animals or degrading their habitat.

3. The use of wild animals for the purpose of obtaining products of their vital functions shall be carried out in compliance with the rules established by the authorised state body in the field of protection, reproduction and use of fauna.

Article 253. Environmental requirements for zoological collections

1. Creation and replenishment of zoological collections (collection of stuffed animals, eggs, preparations and parts of fauna objects, fauna objects, including wild animals of zoos, zoological gardens, circuses, zoological nurseries, aquariums, oceanariums) by taking animals from the natural environment shall be performed by Natural and legal persons based under permits issued by the authorized state body in the field of protection, reproduction and use of fauna.

2. Zoological collections of scientific, cultural-educational, educational and aesthetic value, and of national importance shall be subject to state accounting.

3. Creation, replenishment, conservation, use, alienation and state accounting of zoological collections, their trade, as well as their import into the Republic of Kazakhstan, transfer and export outside the Republic of Kazakhstan shall be carried out in accordance with the rules, established by the authorised state body in the sphere of protection, reproduction and use of fauna.

Article 254. Environmental requirements in the regulation of animal populations

1. Measures aimed at regulating the number of certain species of wild animals shall be implemented for the protection of public health and safety, prevention of diseases among agricultural and other domestic animals, damage to the environment, economic and other activities. These measures shall be implemented in ways that ensure the conservation of wildlife habitat, biodiversity and avoid ecological damage to protected species and their natural habitats.

2. Rules for the regulation of the number of animals shall be approved by the authorised state body in the field of protection, reproduction and use of fauna.

Article 255. Environmental requirements for hunting and fishing

The following environmental requirements shall apply to hunting and fishing operations:

1) prevent the deterioration of the ecological condition of animal habitats as a result of their own activities, and apply environmental conservation techniques during production processes;

2) conduct primary records of the number and use of wild animals, study their condition and characteristics of the hunting grounds, and provide this information to the authorised state body in the field of protection, reproduction and use of fauna;

3) comply with the established rules, norms, regulations, limits and time limits for harvesting animals;

4) protect wildlife species, including rare and endangered species of animals in the assigned territory;

5) carry out comprehensive activities aimed at breeding, including artificial, of wild animals, preservation and improvement of their habitat;

6) carry out activities concerning the protection, reproduction and use of fauna;

7) carry out comprehensive measures to prevent and control diseases, immediately inform authorized state bodies in the field of protection, reproduction and use of fauna, veterinary science and state body in the field of sanitary and epidemiological welfare of population about detection of animal diseases, deterioration of animal habitat, occurrence of threat of destruction and cases of animal death;

8) independently terminate the use of fauna objects in cases of deterioration of their condition and habitat conditions, reduction of reproduction ability, and the threat of animal destruction, as well as take immediate measures to eliminate the negative impact on animals and their habitat.

Article 256. List of rare and endangered animal species

1. The list of rare and endangered animal species shall be approved by the authorized body in the field of environmental protection and shall include rare and endangered species (subspecies, populations) of animals (vertebrates and invertebrates) living in a state of natural freedom permanently or temporarily on land, water, atmosphere and soil in the Republic of Kazakhstan, including on the continental shelf and in the exclusive economic zone of the Republic of Kazakhstan, as well as those that have disappeared in their natural habitat.

2. Animals classified as rare and endangered species shall be the state property, while animals bred and kept in captivity and/or semi- captive conditions may be in both public and private ownership.

3. Natural and legal persons shall be entitled to use animals classified as rare and endangered species within the limits and in obedience to the procedure established by the legislation of the Republic of Kazakhstan.

Article 257. Protection and reproduction of rare and endangered animal species living in the state of natural freedom

1. Actions that may lead to the death, reduction in numbers or disturbance of rare and endangered animal species shall be prohibited.

2. Natural and legal persons shall ensure the protection of animals within the assigned territories, and shall report to the authorized state body in the field of protection, reproduction and use of fauna about cases of death of animals classified as rare and endangered species that have become known or have been detected. The procedure for investigating such cases shall be determined by the authorised state body for the protection, reproduction and use of fauna.

3. Rare and endangered species of animals shall be assisted in cases of their mass diseases, threatened death by natural disasters and due to other reasons in compliance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna.

4. In order to prevent the death of animals classified as rare and endangered species, their removal shall be prohibited, excluding exceptional cases by decision of the Government of the Republic of Kazakhstan.

5. Rare and endangered wildlife species in their natural state of freedom may be reproduced with:

1) improvement of natural reproduction conditions;

2) relocation;

3) release of artificially bred animals into the habitat.

6. The activities referred to in paragraph 5 hereof shall be carried out with the permission of the authorised state body in the field of protection, reproduction and use of fauna based on biological justification.

7. For the protection and reproduction of rare and endangered animal species in their natural state of freedom, specially protected natural areas shall be established, and protection zones may be established around them with a prohibition of any activities within these zones that negatively affect the state of the fauna.

8. The design and implementation of activities shall develop measures to conserve habitats and breeding conditions, migration routes and concentration areas of rare and endangered animal species, as well as shall ensure the integrity of designated areas of special value as habitat for these animals.

Article 258. Use of rare and endangered animal species living in their natural state of freedom

1. If the use of rare and endangered species of animals living in a state of natural freedom for scientific, cultural, educational and aesthetic purposes is carried out without removing animals from their habitat, the authorised state body in the field of protection, reproduction and use of fauna shall be entitled to introduce restrictions on visiting certain places and at certain times. Information on these restrictions shall be published in the district and regional media, and special warning signs shall be posted at appropriate locations.

2. Natural and legal persons interested in keeping and breeding rare and endangered animal species in captivity and/or semi-free conditions, within the prescribed time limits shall be obliged to release into the habitat an appropriate number of rare and endangered animal species that have been artificially bred. Animals shall be released under handover act in the presence of officials of the authorised state body for the protection, reproduction and use of fauna.

Article 259. Captive and/or semi-free keeping and breeding of rare and endangered species as well as species included in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora

1. Induced breeding of rare and endangered animal species as well as species included in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora may be in captivity (cage and aviary keeping) or semi-free conditions (keeping in parks and other areas with conditions close to natural habitat).

2. Captive and/or semi-free breeding and keeping of rare and endangered animal species as well as species included in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall be permitted to natural and legal persons, if they comply with the following requirements:

1) existence of facilities for keeping animals, including a legally designated area or premises equipped with enclosures, cages and other installations;

2) implementation of zootechnical, veterinary, sanitary and epidemiological measures to the necessary extent;

3) presence of zootechnical, zootechnical and veterinary specialists and other persons with skills in keeping animals in captive or semi- captive conditions;

4) availability of a permit from the authorised state body in the field of protection, reproduction and use of fauna.

3. The permit for captive and/or semi-free breeding of rare and endangered animal species as well as species included in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall specify the mandatory requirements to be met, as well as the maximum number of individuals per animal species. In case natural and legal persons fail to comply with the conditions of the permit, after two warnings within six months, the permit may be withdrawn or revoked.

4. Captive and/or semi-free breeding of rare and endangered animal species in specialised zoological breeding centres shall be carried out in accordance with the regulations on such breeding centres.

5. Owners of animals classified as rare and endangered species, as well as species listed in the appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and held in captivity and/or semi-free conditions, shall carry out non-removable ringing or tagging of these animals and hold animal passports.

6. Natural and legal persons that keep animals classified as rare and endangered species in captivity and (or) semi-free conditions shall be entitled to purchase, sell, and exchange these animals within the Republic of Kazakhstan only by permission of the authorised state body in the field of protection, reproduction and use of the animal world.

7. Natural and legal persons owning animals classified as rare and endangered species, as well as species included in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, held in captivity and (or) semi-freezing conditions, shall be permitted to use them for the purposes of international trade in the manner prescribed by the legislation of the Republic of Kazakhstan.

8. If international trade in rare and endangered species of animals bred in captivity and/or semi-freezing conditions may cause ecological and/or economic damage to the state, the Government of the Republic of Kazakhstan shall be entitled to impose restrictions on such trade.

Chapter 17. FOREST CONSERVATION Article 260. Environmental requirements for the use of areas of the state forest fund in the regeneration of forests and afforestation on specially protected natural territories

Areas of the state forest fund in the regeneration of forests and afforestation on specially protected natural territories shall be used in obedience to the legislation of the Republic of Kazakhstan.

Article 261. Environmental requirements for the protection, conservation, regeneration and use of wood and shrub vegetation in areas of the state forest fund, transferred for use to forest owners and (or) forest users

1. Protection, conservation, regeneration and use of wood and shrub vegetation in areas of the state forest fund, transferred in the order, established by the legislation of the Republic of Kazakhstan, for use to forest owners and (or) forest users for integrated management of agriculture and forestry, shall be made in compliance with the requirements of the Forest Code of the Republic of Kazakhstan.

2. Forest owners and (or) forest users who have been transferred areas of the state forest fund, shall be obliged to carry out forest management therein and participate in the state accounting of the forest fund in the manner prescribed by the Forest Code of the Republic of Kazakhstan.

3. Control over the condition, protection, conservation, regeneration and use of the wood and shrub vegetation referred to in paragraph 1 hereof shall be exercised by the authorised state body in the field of forestry.

Article 262. Environmental requirements in the conservation, protection of areas of the state forest fund, use of such areas, regeneration of forests in areas of the state forest fund, located among land plots of other owners or land users

1. For conservation, protection, use of areas of the state forest fund, regeneration of forests on the areas of the state forest fund, located among land plots of other owners or land users, the state forest owners shall have right of limited purposeful use of another's land plot (easement) in the order, established by the Land Code of the Republic of Kazakhstan.

2. Protection zones of twenty metres in width shall be established to protect forests of natural origin from adverse external influences along the borders of state forest fund plots located among land plots of other owners or land users.

3. Activities that have a negative impact on the condition of forests in areas of the state forest fund shall be prohibited within the protection zone.

Article 263. Environmental requirements for the conservation, protection and use of protective plantations on railway right-of-way, highways, canals, trunk pipelines and other linear structures

1. Protective plantings located on the right-of-way of railways, highways, canals, trunk pipelines and other linear structures shall be intended to protect these facilities from adverse natural phenomena, prevent environmental pollution and reduce noise impacts.

2. In areas with protective plantations located on the right-of-way of railways, highways, canals, trunk pipelines and other linear structures, forest maintenance cutting, sanitary cutting, cutting related to reconstruction of low value plantations as well as plantations losing their protective, water protection and other functions, and other cutting shall be permitted in compliance with projects of protective plantations.

3. Conservation, protection and use of protective plantations, indicated in paragraph 1 hereof, shall be carried out by land users, on whose lands they are located, in obedience to the Forest Code of the Republic of Kazakhstan.

Article 264. Protection of the green fund of urban and rural settlements

1. The green fund of urban and rural settlements shall be the total area of forest and other plantations.

2. The protection of the green fund of urban and rural settlements shall involve a system of measures that ensure the conservation and development of the green fund and are necessary for the normalisation of the ecological situation and the creation of a favourable environment.

3. Activities that have a negative impact on these areas and prevent them from fulfilling their ecological, sanitary-hygienic and recreational functions shall be prohibited in the areas of the green fund.

4. Conservation, protection and regeneration of forests, afforestation in the territories indicated in paragraph 1 hereof shall be carried out pursuant to the forestry legislation of the Republic of Kazakhstan.

Article 265. Regime of special protection of natural objects located in green belts

1. A limited regime of activities shall be established for the special protection of natural objects located in green belts.

2. A restricted regime of activities in the green belts shall be implemented in compliance with the principles:

1) priority for activities and technologies that do not cause adverse change in the condition of natural objects located in green belts;

2) balancing solutions to socio-economic objectives and the special protection of natural objects located in the green belts.

3. In areas that are part of green belts, the following shall be prohibited:

1) use of toxic chemicals, pesticides, agrochemicals;

2) disposal of hazardous waste;

3) location of facilities that have a negative impact on the environment, classified as hazardous production facilities pursuant to the legislation of the Republic of Kazakhstan on civil protection;

4) exploitation of mineral deposits, with the exception of the exploitation of mineral water and therapeutic mud deposits and the use of other natural healing resources;

5) creation of capital construction facilities (except for hydraulic engineering structures, communication lines, power lines, pipelines, roads, railway lines, other linear facilities, buildings, structures, constructions that are an integral technological part of said facilities, as well as healthcare, education, recreational and tourism facilities);

6) construction of livestock and poultry complexes and farms, construction of manure storages;

7) placement of cattle burial grounds;

8) location of pesticide and mineral fertilizer warehouses.

4. Recultivation of disturbed land, protection of land from erosion, waterlogging, flooding, swamping, secondary salinization, desiccation, pollution with wastes, chemical substances, contamination and other negative impacts in green belts shall be carried out on a priority basis.

5. Green area reclamation measures shall include the implementation of sanitary measures in forests and the elimination of pest outbreaks, including the use of chemicals that do not cause degradation of natural ecological systems, depletion of natural resources or other negative changes in the environment.

6. Clear-cutting of forest and other plantations shall be prohibited in green belts, except as otherwise required by applicable forest legislation of the Republic of Kazakhstan.

7. Reforestation activities shall be carried out in the green belts as a priority, but no later than one year after the felling of the relevant forest and other plantations.

8. Peculiarities of use, conservation, protection, regeneration of forests located in green belts shall be established by the authorized state body in the field of forestry.

Chapter 18. PROTECTION OF THE GENETIC POOL OF PLANTS, ANIMALS, MICRO-ORGANISMS AND THE USE OF GENETIC RESOURCES Article 266. Environmental requirements for the protection and reproduction of the gene pool of plants and animals in the state of natural freedom

1. Actions that may lead to the death, reduction of the population or destruction of habitat of rare, endangered, endemic and relic species of plants and animals that are valuable gene pool and national treasure of the Republic of Kazakhstan shall be prohibited.

2. Sites where objects of valuable natural gene pool - populations of rare, endangered, endemic and relict species of plants and animals, as well as objects of valuable agro-biodiversity, including relatives of cultivated plants and animals, which are used in breeding or are potential sites for breeding in the future - may be designated in compliance with the procedure established by law as separate types of specially protected natural territories, genetic reserves and other protected objects, around which protection or buffer zones with special conditions for the use of natural resources are established.

3. The objects of flora and fauna referred to in paragraph 2 hereof may be included in the list of objects of the natural reserve fund, and their areas of growth and habitat, places of concentration and breeding, migration routes shall be under protection, ensuring the conservation of objects of flora and fauna, a special regime of use of these areas.

Natural gene pool areas shall be protected from quarantine objects and alien species.

4. The reproduction and use of plant and animal species referred to in paragraph 2 hereof shall be carried out in a manner that ensures the conservation of the mother species and meets the ethical requirements of scientific research in the field, as well as of relevant advances in science, practice and traditional knowledge relevant to genetic resources.

Article 267. Environmental requirements for maintenance and use of natural science collections and collections of plant genetic resources

Footnote. The title of Article 267c is amended by the Law of the Republic of Kazakhstan dated 02.01.2023 No. 184-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. Genetic collections of plants (including herbarium collections), animals and micro-organisms, including gene banks, DNA and RNA collections shall be maintained under conditions which ensure their conservation, access and use.

The procedure, conditions for access and use of the collections specified in part one of this paragraph, with the exception of botanical collections and collections of plant genetic resources, are determined by the authorized body in the field of science.

The procedure for the formation, storage, accounting and use of botanical collections, collections of plant genetic resources is determined by the authorized body in the field of protection, conservation, restoration and use of flora.

2. Natural science collections and collections of genetic resources may be in state or private ownership on the grounds, conditions and within the limits established by legislative acts of the Republic of Kazakhstan.

Regardless of the form of ownership, natural science collections, with the exception of botanical collections and collections of plant genetic resources, and their holders are subject to state recording and registration in accordance with the procedure established by the authorized body in the field of science.

Footnote. Article 267 as amended by the Law of the Republic of Kazakhstan dated 02.01.2023 No. 184-VII (shall be enforced sixty calendar days after the date of its first official publication).

Chapter 19. STATE CONSERVATION AREA IN THE NORTHERN PART OF THE CASPIAN SEA Article 268. Boundaries of the state conservation area in the northern part of the Caspian Sea

The boundaries of the state conservation area in the northern part of the Caspian Sea shall be established by the Government of the Republic of Kazakhstan.

Article 269. Restrictions on the regime of activities in the state conservation area in the northern part of the Caspian Sea

1. Within the state conservation area in the northern part of the Caspian Sea, protected areas with a total ban on activities shall be allocated based on functional zoning, and additional temporary restrictions shall be imposed on certain types of work in obedience to the Law of the Republic of Kazakhstan “On Specially Protected Natural Areas”.

2. The following usage regime shall be established in the protected area in the northern part of the Caspian Sea:

1) to ensure normal fish spawning and juvenile fish migration to the sea, construction and geophysical works, well testing and navigation shall be prohibited from April 1 to July 15 in the Ural and Volga Rivers estuaries within a radius of 50 kilometres from the most seaward point of the Kazakhstani part of the Volga River land delta and the most seaward point of the Ural River land delta, as well as in a strip 15 kilometres wide from the coastline as of 1 January 1994 between the boundaries of the above-mentioned areas and further eastward to the Emba River. At the same time, navigation of vessels engaged in fishing and transportation of fish, display, replacement, removal and inspection of navigation aids, scientific research works shall be allowed upon agreement with the authorised state body in the field of protection, reproduction and use of fauna;

2) during the period specified in sub-paragraph 1) of this paragraph, the oil production process shall be converted to autonomous provision of equipment, chemical reagents, fuel and lubricants and other materials, foodstuffs. All measures shall be taken to ensure the accumulation and storage of wastes from the oil production process for their subsequent removal at the end of the prohibition period;

3) in order to preserve birds in nesting sites (reed beds, sandy coastal spits and islands), construction work and well testing shall be prohibited during the period referred to in sub-paragraph 1) of this paragraph;

4) carrying out of works at times other than those specified in sub-paragraph 1) of this paragraph within the reed beds (natural biological filter) at the land-sea border shall be regulated by decisions of the authorised public authorities in the field of environmental protection and specially protected natural areas with due regard for the season of the year;

5) in order to conserve the Caspian seal population, hydrocarbon exploration and/or extraction operations from October to May shall be carried out no closer than 1,852 metres (one nautical mile) from their concentration sites. Considering rookeries change, all possible measures shall be taken to identify seal concentrations;

6) to avoid negative impacts on birds and Caspian seals, overflight of aircraft over designated habitats and breeding areas below one kilometre shall be prohibited, except in cases of research and rescue work with prior notification to authorised state environmental authorities and specially protected natural territories.

3. to ensure the sustainable existence of the ecosystem of the state conservation area in the northern part of the Caspian Sea, construction of drilling bases, well testing and navigation shall be limited as much as possible when designing offshore exploration and production.

Article 270. Water protection zone of the Caspian Sea

The width of the water protection zone along the shore of the Caspian Sea shall be taken to be two thousand metres from the mean annual sea level mark for the last decade, which is minus 27 metres, except in the cases provided for in Article 223, paragraph 2 hereof.

Article 271. Protection areas of coastal waters in the northern part of the Caspian Sea at public water use areas

1. Protection areas of coastal waters in the northern part of the Caspian Sea at public water use areas shall be established by local executive authorities within their competence with allowances made for actual and prospective water use. The width of such an area towards the sea shall not be less than 3.9 kilometres from the mean annual sea level mark for the last decade.

2. The coastal strip of land allocated as part of the coastal water protection areas in the northern part of the Caspian Sea, in places where people use water shall correspond to the water protection zone of the Caspian Sea, both in terms of defining the borders and the protection regime.

Article 272. Environmental requirements when carrying out activities within the zone of influence of the Caspian Sea level fluctuations

1. The Caspian Sea level fluctuation zone has no clearly defined boundaries and tentatively extends from absolute levels of minus 29 metres within the water area to minus 26 metres on land.

2. Within the zone of influence of the Caspian Sea level fluctuations, the following shall be prohibited:

1) design, construction and commissioning of new and reconstructed facilities without structures and devices to prevent pollution and littering of water bodies and their water protection zones and strips;

2) location and construction outside populated areas of storage facilities for oil products, vehicle maintenance facilities, mechanical workshops, car washes, the organisation and arrangement of waste disposal sites, and the location of other facilities that have a negative impact on water quality;

3) construction, dredging and blasting, extraction of minerals, laying of cables, pipelines and other communications, drilling, agricultural and other works without an environmental permit.

Article 273. General environmental requirements for activities in the state conservation area of the northern part of the Caspian Sea

The following environmental requirements must be complied with when carrying out activities in the state conservation area in the northern part of the Caspian Sea:

1) excavation and earthmoving activities shall be permitted with a special permit issued by the competent public authority for subsurface exploration, with the exception of salvage and rescue work;

2) сonstruction, installation and dismantling of structures may only be carried out using technologies that ensure the collection of all types of pollutants;

3) blasting in the water column and on the seabed shall be prohibited in all kinds of construction and other works;

4) blasting under the seabed may be carried out by permission of the authorized state bodies in the field of environmental protection, use and protection of water fund and subsoil investigation;

5) disturbance of nesting places of waterfowl and near-water birds, as well as obstruction of access to spawning grounds of sturgeon fish shall be prohibited;

6) withdrawal of water from the sea shall be permitted only if water intake facilities are equipped with fish protection devices;

7) technical devices shall be installed at water intake facilities to continuously monitor the effectiveness of fish protection devices;

8) it shall be prohibited to discharge waste into the sea;

9) discharge of wastewater into the sea shall be prohibited, except for a limited list of treated wastewater, including water from cooling and fire-fighting systems, oil-treated sea water, ballast water discharged by permission of authorised state bodies for environmental protection, use and protection of the water fund, as well as the state body for sanitary and epidemiological welfare of the population;

10) water temperature as a result of discharge outside the control station shall not increase by more than five degrees compared with the average monthly water temperature during the discharge period of the last three years;

11) transport routes shall be selected in such a way as to prevent or reduce their impact on marine mammals, fish and birds;

12) laying of railway tracks, highways and main pipelines not provided for by the projects in the area of special requirements shall be prohibited.

For works in the water protection zone and shallow coastal areas not exceeding ten metres in depth, vehicles shall be used to ensure that highly productive bottom communities and spawning grounds are preserved. If necessary, special vehicles on extended tracks, low-pressure tyres, air cushion, that minimally disturb the integrity of the ground cover and existing biocoenosis, may be used for environmental monitoring.

Article 274. Environmental requirements for exploration and/or extraction of hydrocarbons at sea in the state conservation area in the northern part of the Caspian Sea

1. When carrying out exploration and/or extraction of hydrocarbons at sea in the state conservation area in the northern part of the Caspian Sea, the subsoil user shall ensure compliance with the environmental requirements set out herein in addition to other environmental requirements stipulated by this Code.

2. If previously drilled wells are discovered within the contract area, the subsoil user shall be obliged to take them into account and monitor them.

3. Flaring of fluids during well operation shall be prohibited unless there is a threat of an emergency.

4. The flaring of hydrocarbons during well testing shall be kept to a minimum by using the best available technique that is the safest for the environment. Justification for the use of appropriate techniques shall be made during the environmental impact assessment.

The subsoil user shall carry out hydrocarbon flaring during well testing using the best available technique specified herein only when weather conditions are favourable to disperse the plume of smoke, and the design of the flares shall ensure complete combustion of the hydrocarbons.

5. If the borehole is located along bird migration routes, organisational and technical measures shall be taken to avoid damage to the bird fauna.

6. Emissions from offshore exploration and/or production of hydrocarbons in the state conservation area in the northern part of the Caspian Sea shall be monitored and controlled in obedience to the requirements of the legislation of the Republic of Kazakhstan and in compliance with the principles and methods adopted in international environmental protection practice for hydrocarbon exploration and (or) production operations.

7. Drilling waste may not be injected into the subsoil without prior decontamination operations as defined in the approved project document for subsoil use operations.

8. The injection of associated gas into the subsurface in the northern part of the Caspian Sea, which provides enhanced oil recovery by maintaining reservoir pressure, in excess of the norms provided for in the approved project document for subsoil use operations, and the injection of associated gas in excess of the design parameters, shall be prohibited.

9. All operations for the decontamination and storage of drilling waste (cuttings and mud) that are not reused and not injected into the subsoil shall be carried out at a special landfill located outside the state conservation area in the northern part of the Caspian Sea. Such a dedicated landfill must be commissioned no later than the date of commencement of drilling operations.

10. Marine facilities recognised as such in obedience to the Code of the Republic of Kazakhstan “On Subsoil and Subsoil Use” and the vessels serving them must be equipped with an installation for the treatment and disinfection of sewage or for the collection, storage and subsequent transfer of sewage to specialised vessels or onshore reception facilities. Appropriate facilities must be provided for the collection or treatment of waste (shredding or baling). Medical and food waste may be incinerated using best available techniques pursuant to the approved project document.

11. Comprehensive environmental protection programmes, including measures to protect spawning grounds and the reproduction of valuable commercial fish, as well as the preservation of seal habitat in the state conservation area in the northern part of the Caspian Sea, shall be developed at the expense of the subsoil user before the start of oil extraction activities.

12. Drilling and grouting fluids shall not contain any substances that have not been agreed as part of the approved engineering design.

13. Drilling rigs shall be equipped with internal combustion engines that meet the requirements of the International Maritime Organisation for carbon monoxide emission limits.

14. Power plants shall be equipped with internal combustion engines or dual fuel turbines (diesel to gas).

15. When carrying out an environmental impact assessment of proposed offshore hydrocarbon exploration and/or production activities in the state conservation area in the northern part of the Caspian Sea, an analysis of the current state of the previously studied area of the proposed activity shall be based on the results of field studies carried out no earlier than four years before the submission of the environmental impact assessment report.

16. A mandatory element in the environmental impact assessment shall be the analysis of alternatives, including the avoidance of exploration in particularly sensitive areas of the Caspian Sea and coastal zone.

17. In the water protection zone and in shallow coastal areas no deeper than ten metres, boreholes shall be drilled using electrically powered rigs from external grids. If drilling is carried out with a diesel-powered generator set, the release of untreated exhaust gases into the atmosphere from such rigs must be reduced to a minimum.

18. During offshore hydrocarbon exploration and/or production operations, each offshore facility and each vessel transporting oil and oil-containing cargo shall accommodate resources for oil spill response at sea, inland water bodies and in the protection zone of the Republic of Kazakhstan, determined in compliance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use.

Article 275. Environmental requirements for geophysical work

1. When conducting geophysical work in the state conservation area in the northern part of the Caspian Sea, the following shall be prohibited:

1) use explosive seismic wave sources and pneumatic sources with parameters detrimental to the fish fauna and its habitat;

2) use apparatus and methods whose safety has not been documented or based on experimental geophysical work;

3) leaving seismic buoys at sea unmonitored to prevent them from breaking off and drifting away, and towing them along the seabed.

2. To conserve the Caspian seal population, seismic surveys and other geophysical activities during the period from October to May shall be adjusted by setting off seismic profiles at least 1,852 metres (one nautical mile) from seal concentrations on island and ice rookeries. Aerial overflights shall be envisaged to identify high concentrations of seals due to frequent rookery changes.

3. The seismic survey may include the use of fish deterrents from the work area.

Article 276. Environmental requirements in the design and construction of oil and gas pipelines

1. The design and construction of oil and gas pipelines and accompanying facilities in the zone of influence of storm surges shall lean against their maximum amplitudes.

2. The design of automatic shut-off valves on oil and gas pipelines shall consider an assessment of the risks associated with possible damage to the integrity of oil and gas pipelines.

3. The construction of oil and gas pipelines shall use facilities and equipment that minimise seabed disturbance and use technologies and techniques that localise the spread of suspended matter into the water column.

4. In the state conservation area in the northern part of the Caspian Sea, oil and gas pipelines must be buried to protect them from damage by moving ice, ship anchors and other anthropogenic influences.

5. Along the oil and gas pipelines, exclusion zones shall be established in the form of sections of water space from the water surface to the bottom, enclosed between parallel planes offset from the axis of the outermost pipeline strings by five hundred metres on each side.

6. Water discharge during hydrotesting of oil and gas pipelines shall be carried out outside the boundaries of the state conservation zone in the northern part of the Caspian Sea.

Article 277. Environmental requirements for onshore supply bases and onshore infrastructure

1. Construction of coastal bases, including fuel and lubricant depots, vehicle maintenance stations, other than ports and jetties, shall be carried out outside the water protection zone of the Caspian Sea coast, using existing infrastructure. Construction of facilities and works shall be permitted in the water protection zone provided for by the legislation of the Republic of Kazakhstan.

2. Wharf and supply base areas shall be planned in such a way that supply, maintenance and refuelling operations shall be carried out in compliance with all requirements to ensure environmental and public health safety.

3. Upon completion of the operation of the coastal infrastructure facilities and their dismantling, land reclamation shall be carried out in compliance with the design documentation agreed with the competent environmental authority.

Article 278. Environmental requirements for shipping

1. The use of equipment and apparatus, as well as vessels previously operating in other water basins, shall be prohibited without an environmental survey to avoid accidental introduction of flora and fauna into the Caspian Sea.

2. All types of vessel movements shall be presented as part of the pre-design and project documentation. At the detailed design stage and during the organisation of the works, the timetable of ship movements by seasons shall be determined and ship routes shall be indicated on the mapping materials. When selecting routes, hydrometeorological conditions, including ice conditions, as well as spawning and migration periods and locations of valuable fish species, seal rookeries and bird nesting sites shall be taken into consideration.

3. Vessels shall be equipped with closed fuel bunkering systems, waste water and rubbish collection tanks equipped with devices to prevent discharge into open bodies of water.

4. Bulk materials, chemicals and dangerous goods must be transported in closed containers and special containers that prevent their release into the environment pursuant to the requirements of the legislation of the Republic of Kazakhstan on merchant shipping.

5. The hulls of ships, other vessels, offshore installations and platforms shall be coated with modern certified anti-corrosion materials.

6. Ships at sea shall be fuelled using systems that prevent spills and leaks of fuel and lubricants.

7. Noise and vibration from ships shall not exceed the maximum permissible noise levels established by the sanitary and epidemiological rules and standards, hygienic regulations.

8. Construction equipment for special purpose vessels shall be fitted with noise and vibration reduction devices.

9. Double-hull tankers shall be used for the tanker transportation of hydrocarbons and other hazardous substances in the Caspian Sea.

10. Ships shall be equipped with equipment that prevents pollution of ship decks with oil products and discharge of polluted wastewater into water bodies. It shall be prohibited to discharge from vessels oil, pollutants and wastewater containing them, untreated ballast water, food waste, household rubbish and all types of plastics into water bodies. Measures to prevent pollution from vessels shall be taken in compliance with the requirements of the legislation of the Republic of Kazakhstan on merchant shipping.

11. The navigation regime shall be established in agreement with the authorised public authorities in the field of protection, reproduction and use of fauna, use and protection of the water fund.

Article 279. Environmental requirements for mothballing and abandonment of objects of hydrocarbon exploration and/or production operations

1. Conservation or liquidation of objects for offshore exploration and/or production of hydrocarbons, exploration, including solid minerals, mineral and/or drinking water, shall be carried out in obedience to the legislation of the Republic of Kazakhstan on subsoil and subsoil use.

2. If wells are mothballed after testing has been completed, the subsoil user must carry out mothballing work, ensure the safety of the drilling footing and securely seal the well until work can be resumed.

3. When abandoning wells drilled from a bulk foundation (subsea berm or island), the subsoil user must ensure that they are sealed and control the condition of the artificial foundation, having previously cleaned it from possible contamination by hydrocarbons and other chemicals. If an island (berm) is eroded, the subsoil user must mark it (it) with a milestone or a buoy before final levelling of the foundation is carried out and transmit the coordinates to the authorised state subsoil study authorities, inland waterways transport authorities for marking on marine maps to ensure the safety of navigation.

4. When abandoning wells drilled from platforms of any type, platform structures shall be completely dismantled and removed, and the heads of sealed wells shall be cut off at bottom level to avoid interference with fishing and navigation.

5. The decision to dispose of decommissioned bulk mining islands must be based on an environmental impact assessment of the abandonment activities.

6. Conservation and liquidation of flooded and waterlogged old wells must be carried out under projects that have passed state environmental expertise and examination carried out in obedience to the legislation of the Republic of Kazakhstan on subsoil and subsoil use. At the same time, a plan for preparedness and action for oil spill response at sea, inland water bodies and in the Republic of Kazakhstan safety zone must be developed and approved, and monitoring of canned and abandoned wells must be ensured. Work shall not be carried out without the necessary resources for oil spill response at sea, inland water bodies and in the Republic of Kazakhstan safety zone in compliance with the preparedness and action plan for oil spill response at sea, inland water bodies and in the Republic of Kazakhstan safety zone.

Article 280. Environmental monitoring of the state conservation area in the northern part of the Caspian Sea

1. State environmental monitoring shall be carried out in the state conservation area in the northern part of the Caspian Sea by an authorised body for environmental protection on a mandatory basis.

2. A subsoil user carrying out subsoil use operations in the state conservation area in the northern part of the Caspian Sea shall be obliged to conduct annual industrial environmental monitoring (by climatic season) throughout the contract area, except for monitoring during the winter period in the sea water area covered by ice, in order to prevent negative impacts on the marine environment.

3. The environmental impact assessment materials of each phase of hydrocarbon exploration and/or production operations (geophysical survey, geotechnical survey, drilling, construction, development, operation, abandonment, etc.) shall provide for production monitoring, which shall include:

1) in-situ environmental studies of production facilities at each stage of hydrocarbon exploration and/or production operations;

2) pollution source monitoring;

3) environmental monitoring;

4) monitoring the consequences of accidental environmental pollution.

4. State environmental and industrial environmental monitoring shall include observations of the following parameters:

1) The level of pollution of water, as well as bottom sediments by physical, chemical and hydrobiological indicators in different status (regime) areas of the Caspian Sea;

2) the balance and transformation of pollutants in certain areas of the Caspian Sea (at reference sampling points in the open sea, bays, estuaries, rivers flowing into the sea, areas of hydrocarbon exploration and/or production operations), at the air-water interface and their accumulation in bottom sediments (bottom settings);

3) natural circulation processes, hydrometeorological indicators (water temperature, currents, wind speed and direction, precipitation, atmospheric pressure, air humidity).

5. If necessary and if requested by the competent authority for environmental protection, the subsoil user must carry out additional investigations into the state of the environment.

6. The subsoil user shall determine the types and methods of environmental observation in compliance with the procedure established by the competent authority for environmental protection.

7. In carrying out production monitoring, the subsoil user shall consider the results of previous years' observations and use readings from already existing stations located in the work area (within and around the contract area) to continue the long-term series of observations.

8. In the event of emergencies, monitoring of the consequences of accidental environmental pollution shall be organised without delay.

9. The subsoil user must transmit the results of industrial monitoring to the authorised body for environmental protection.

SECTION 18. CLIMATE AND THE OZONE LAYER IN THE ATMOSPHERE Chapter 20. PUBLIC REGULATION OF GREENHOUSE GAS EMISSIONS AND REMOVALS Article 281. Greenhouse gases

1. Greenhouse gases are defined as gaseous substances (chemical compounds) in the Earth's atmosphere, whether of natural or anthropogenic origin, which are capable of absorbing or reflecting infrared radiation.

2. The following types of greenhouse gases shall be covered by this Code:

1) carbon dioxide (CO2);

2) methane (CH4);

3) nitrous oxide (N2O);

4) hydrofluorocarbons (HFCs);

5) perfluorocarbons (PFCs);

6) sulphur hexafluoride (SF6);

7) other substances as determined by the competent authority for environmental protection compliance with paragraph 3 hereof.

3. Designation of certain substances as greenhouse gases by an authorised body in the field of environmental protection shall be carried out in the event of entry into force of international commitments of the Republic of Kazakhstan, requiring the adoption of measures for public regulation of emissions and absorption of greenhouse gases in respect of such substances.

Article 282. Emissions and removals of greenhouse gases

1. Greenhouse gas emissions shall refer to the release of greenhouse gases into the atmosphere because of anthropogenic processes.

2. Absorption of greenhouse gases shall mean the absorption (removal) of a greenhouse gas from the atmosphere occurring as a result of any natural process or activity.

3. Greenhouse gas emissions and removals shall be measured and calculated in tonnes of carbon dioxide equivalent.

A tonne of carbon dioxide equivalent shall be one metric ton of carbon dioxide or a mass of another greenhouse gas equivalent in terms of global warming potential to one metric ton of carbon dioxide.

Global warming potentials shall be determined by an authorised body in the field of environmental protection in accordance with the provisions of the international climate change treaties of the Republic of Kazakhstan.

Article 283. National contributions of the Republic of Kazakhstan to the global response to climate change

1. The Republic of Kazakhstan aims to ensure that by 31 December 2030, the carbon balance of the Republic of Kazakhstan will be no less than fifteen per cent below the 1990 carbon balance.

The carbon balance of the Republic of Kazakhstan shall be defined as the volume of actual greenhouse gas emissions minus the volume of actual removals of greenhouse gases for a specified period.

The objective referred to in part one of this paragraph shall be the nationally determined contribution of the Republic of Kazakhstan to the global response to climate change (hereinafter referred to as the national contribution).

2. The authorized body in the field of environmental protection shall develop further national contributions of the Republic of Kazakhstan in obedience to the international treaties ratified by the Republic of Kazakhstan.

Subsequent national contributions of the Republic of Kazakhstan shall be approved by the Government of the Republic of Kazakhstan.

3. The authorised body for environmental protection shall be the working body for the implementation of the international climate change treaties of the Republic of Kazakhstan and shall carry out public regulation of greenhouse gas emissions and removals pursuant to this Code in order to ensure that the national contributions of the Republic of Kazakhstan as defined in compliance with this Code are achieved.

4. State bodies and officials of the Republic of Kazakhstan, within the limits of their competence, shall be obliged to take actions aimed at ensuring the fulfilment of the national contributions of the Republic of Kazakhstan.

Article 284. Public regulation of greenhouse gas emissions and removals

1. Public regulation of emissions and absorption of greenhouse gases shall mean state activity aimed at creating conditions for reducing emissions and increasing absorption of greenhouse gases with due regard for the need to ensure sustainable development of the Republic of Kazakhstan and the fulfilment of its international obligations.

2. Public regulation of greenhouse gas emissions and removals shall be carried out by:

1) the application of instruments of public regulation of greenhouse gas emissions and removals pursuant hereto;

2) establishing a market-based carbon trading mechanism.

3. Public regulation of greenhouse gas emissions and removals shall be carried out in compliance with this Code and the rules of public regulation of greenhouse gas emissions and removals approved by the authorised body in the field of environmental protection.

Article 285. Instruments of public regulation of greenhouse gas emissions and removals

The public regulation of greenhouse gas emissions and removals shall be carried out using the following instruments:

1) setting a carbon budget;

2) carbon quotas establishment;

3) administration of plant operators.

Article 286. Carbon budget

1. The carbon budget shall mean the maximum allowable amount for the carbon balance of the Republic of Kazakhstan for the carbon budgeting period established pursuant to the procedure provided for in this Code.

2. The carbon balance of the Republic of Kazakhstan for the carbon budgeting period shall not exceed the established carbon budget for such period.

3. The carbon budgeting period shall be five consecutive calendar years.

4. The carbon budget shall determine the amount of quota and non-quota greenhouse gas emissions.

5. A carbon budget shall be developed and approved by the designated environmental authority for each successive carbon budgeting period at least six months before the start of the relevant carbon budgeting period.

6. The carbon budget shall be developed for the account taken of the need to respect national contributions in accordance with the international treaties of the Republic of Kazakhstan in such a way that:

1) for the carbon budgeting period 2021-2025, the carbon budget for 2021 shall be at least 1.5 per cent below the 1990 carbon budget level, and in subsequent years shall be reduced by at least 1.5 per cent annually from the previous year's carbon budget level;

2) for the carbon budgeting period 2026-2030, the carbon budget for each calendar year shall be reduced by at least 1.5 per cent of the previous year's carbon budget;

3) for further carbon budgeting periods, the carbon budget for each calendar year shall be at least fifteen per cent below the 1990 carbon balance.

Article 287. Facilities subjected to public regulation for greenhouse gas emissions and removals

1. The instruments of public regulation of emissions and removals of greenhouse gases provided for in this Code shall apply to installations whose greenhouse gas emissions exceed the relevant thresholds established by this section.

2. An installation shall mean a stationary source of greenhouse gas emissions or several stationary sources of greenhouse gas emissions connected by a common technological process and located at the same industrial site.

A stationary greenhouse gas emission source shall be one which cannot be relocated without dismantling and the permanent location of which can be determined using a single national coordinate system, or which can be relocated by transport or other means of transport but which requires a fixed (stationary) position relative to the earth's surface during its operation.

3. In this Code, the operator of an installation shall be defined as the natural or legal person who owns or otherwise lawfully uses the installation.

Article 288. Operator of the carbon unit trading system

1. The operator of the carbon unit trading system shall be a subordinate greenhouse gas emission regulation organisation of the authorised body for environmental protection, providing technical and expert support for public regulation and international cooperation in the field of greenhouse gas emissions and removals.

2. The operator of the carbon trading system shall carry out activities for:

1) formation and maintenance of the state carbon cadastre;

2) implementation of the state inventory of greenhouse gas emissions and removals;

3) formation and maintenance of the state register of carbon units;

4) support the implementation of the system of trade in carbon units in the Republic of Kazakhstan;

5) sale and purchase of carbon units.

Article 289. Carbon quota establishment

1. Carbon quota establishment shall mean the establishment by the State, for the period of carbon budgeting, of a quantitative cap on the total amount of quotable greenhouse gas emissions by quota-free installations in the economic sectors referred to in paragraph 2 hereof, and the distribution of carbon credits to quota entities in obedience to this Code.

Quotable greenhouse gas emissions shall be emissions of carbon dioxide.

2. The electricity, oil and gas, mining, metallurgical and chemical industries, as well as the manufacturing industry with regard to cement, lime, gypsum and bricks shall be subject to carbon quota establishment (hereinafter referred to as regulated sectors of the economy).

3. A quotable facility shall be an installation with a greenhouse gas emission allowance exceeding twenty thousand tonnes of carbon dioxide per year in regulated sectors of the economy.

The operator of a quotable facility shall be recognised as the entity subjected to quota assignment (quota holder).

4. A carbon quota shall mean the quantitative amount of quotable greenhouse gas emissions assigned to a quotable facility for the period of the National Carbon Quota Plan in accordance with Article 290, paragraph 4, of this Code and credited to the corresponding account of the operator of the quotable facility in the State Register of Carbon Units.

The carbon quota shall be formed through the distribution of carbon quota units among quota holders and through their purchase of carbon units on the carbon market.

5. Carbon quota unit shall mean a carbon unit used to calculate the volume of the carbon quota.

6. The operation of a quotable facility by a quota holder without obtaining carbon credits shall be prohibited.

7. The quota holder may independently allocate its available carbon quota units among its installations within the quota period.

8. The quota holder shall be entitled to transfer outstanding carbon quota units between reporting periods within the National Carbon Quota Plan period.

9. The quota holder shall be entitled to sell or buy carbon quota units, except for the units received in concordance with Article 295, Paragraph 8 of this Code.

10. Carbon quotas shall be assigned in obedience to this Code and the rules of public regulation on emissions and removals of greenhouse gases.

11. In the event of exceeding the established carbon quota, the quota holder shall be entitled to compensate for the shortfall in the carbon quota with purchased carbon units, additional carbon quota and (or) offsetting units.

It shall be prohibited for a quotable facility to emit more greenhouse gases than the number of carbon units held in the relevant account of the operator of the quotable facility in the State Registry of Carbon Units.

Article 290. National Carbon Quota Plan

1. The National Carbon Quota Plan shall be the document that establishes the total number of carbon quota units to be distributed among the quotable entities in the regulated sectors of the economy, as well as the amount of carbon quota units reserve.

2. A National Carbon Quota Plan shall be developed and approved by the competent authority in the field of environmental protection.

3. The period of validity of the National Carbon Quota Plan shall correspond to the period of carbon budgeting.

The reporting period of the National Carbon Quota Plan shall be one calendar year.

4. The total number of carbon credit units to be distributed free of charge among entities subjected to quota assignment by regulated sectors of the economy shall be calculated in accordance with the rules of public regulation of greenhouse gas emissions and removals.

5. The National Carbon Quota Plan reserve category shall include carbon units for the purpose of:

1) The free allocation of carbon quota units for new quota plants commissioned during the relevant period of the National Carbon Quota Plan;

2) free distribution of carbon quota units for the previously unaccounted quota plants identified during the relevant period of the National Carbon Quota Plan;

3) free allocation of additional carbon quota units in the case of an increase in the capacity of quota installations during the relevant period of the National Carbon Quota Plan;

4) free allocation of carbon quota units for the installations of the entities of administration that are transferred to the category of quota installations during the relevant period of the National Carbon Quota Plan;

5) sale of carbon quota units under auction conditions.

6. The amount of the reserve of carbon quota units shall be calculated based on the average indicator of the projected annual growth rate of the gross domestic national product for the relevant period according to the information of the authorised body in the field of state planning.

7. The National Carbon Quota Plan reserve shall be managed by the responsible environmental authority.

8. The installation of the entities of administration shall be included in the category of quota installations under a verified report on the inventory of greenhouse gas emissions, confirming that the emissions of the installation exceed twenty thousand tonnes of carbon dioxide per year.

The installation referred to in part one hereof shall be subject to carbon offsetting with effect from 1 January of the year following the year in which the relevant verified greenhouse gas emission inventory report is submitted.

9. A new quotable facility to be commissioned shall be subject to a carbon allowance from 1 January of the year following the year in which it is commissioned.

10. The carbon units included in the reserve category specified pursuant to sub-paragraph 5) of paragraph 5 hereof shall be transferred to the operator of the carbon unit trading system to organize their sale under the terms of an auction.

11. Funds from the sale of carbon units from the reserve shall be credited to the account of the operator of the carbon trading system to finance activities, programmes, and projects for the regulation of emissions and removals of greenhouse gases.

Article 291. Distribution of carbon quota units

1. The distribution of carbon quota units to quota holders shall be carried out on a free allocation and auction basis, within the limits of the amounts determined by the National Carbon Quota Plan.

2. The number of carbon quota units for the quotable facilities to be distributed free of charge shall be calculated by applying benchmarks in accordance with the rules of public regulation in the field of emissions and removals of greenhouse gases.

Benchmark shall refer to the specific amount of quoted greenhouse gas emissions per unit of production.

A list of benchmarks in regulated sectors of the economy shall be developed and approved by the authorised body for environmental protection.

3. Distribution of carbon quota units by auction shall be carried out in obedience to Article 299 of this Code.

4. For the crediting of carbon quota units, the entity subjected to quota assignment shall open an account in the state register of carbon units in accordance with the rules of the state register of carbon units approved by the authorised body in the field of environmental protection.

5. The carbon quota shall be credited to the relevant account of the operator of the quotable facility in the State Register of Carbon Units within ten working days from the date of approval of the National Carbon Quota Plan.

6. The units of carbon quota within the National Carbon Quota Plan may be transferred from one reporting period to another.

7. Unused (unredeemed) carbon quota units shall not be transferred to the next National Carbon Quota Plan.

8. The validity of carbon credit units shall be limited to ninety working days after the reporting deadline for the last reporting year of the relevant National Carbon Quota Plan from which they have been allocated.

Article 292. Redemption of carbon units

1. Redemption of carbon units shall refer to the withdrawal of carbon units from circulation by debiting them from the relevant account of the quota holder and crediting them to the redemption account in the State Registry of Carbon Units.

2. Redemption of carbon units shall be carried out annually in an amount equal to the actual quota emissions of greenhouse gases produced by the quotable facility, which shall be determined according to the registered verified report on the inventory of greenhouse gas emissions for the reporting year.

3. Within five working days of the registration of the verified greenhouse gas inventory report, the carbon trading system operator shall transfer the redeemed carbon units from the quota holder's account to the redemption account.

Article 293. Monitoring of greenhouse gas emissions from quotable facilities

1. The entity subjected to quota assignment shall develop a mandatory monitoring plan for greenhouse gas emissions of the quotable facility (hereinafter referred to as the monitoring plan) for the duration of the National Carbon Quota Plan.

2. The entity subjected to quota assignment shall submit a validated monitoring plan to the authorised body in the field of environmental protection by the first April of the first year of validity of the National Carbon Quota Plan.

In the event of failure to submit the monitoring plan within the term specified in part one of this paragraph, the account of the entity subjected to quota assignment in the State Registry of Carbon Units shall be blocked within five working days until the submission of the required documents.

3. The greenhouse gas emissions of a quotable facility shall be monitored in compliance with the rules of public regulation of greenhouse gas emissions and removals.

4. The form of the monitoring plan shall be established by the rules of the public regulation in the field of emissions and absorption of greenhouse gases.

Article 294. Inventory of greenhouse gas emissions of quotable facilities

1. An inventory of greenhouse gas emissions shall mean the determination of the actual amounts of greenhouse gas emissions and removals during the reporting period.

2. The entity subjected to quota assignment shall fill in the electronic form of the report on inventory of greenhouse gas emissions for the previous year in the state carbon cadastre before the first of April of the current year.

The form of the report on the inventory of greenhouse gas emissions shall be established by the rules of public regulation in the field of emissions and absorption of greenhouse gases.

3. Methodologies for calculating greenhouse gas emissions and removals shall be developed and approved by the authorised body in the field of environmental protection.

4. The entity subjected to quota assignment shall submit by means of the state carbon register the completed electronic form of the report on the inventory of greenhouse gas emissions for verification to the accredited body on validation and verification.

5. The accredited body on validation and verification shall verify the greenhouse gas emissions inventory report for the reporting year in the state carbon inventory. If it is necessary to adjust the report on the inventory of greenhouse gas emissions, the accredited body on validation and verification shall send it to the entity subjected to quota assignment for revision.

6. The carbon trading system operator shall, within twenty working days of sending the verified greenhouse gas emission inventory report, review it for compliance with the approved form, availability of verification, correctness of greenhouse gas emission calculations and application of the factors used to calculate greenhouse gas emissions, and based on the results of the review, shall:

1) register the report on the inventory of greenhouse gas emissions, in case of its compliance with the requirements of the first paragraph of this paragraph;

2) if the greenhouse gas emissions inventory report does not meet the requirements of the first paragraph of this paragraph, send it to the entity subjected to quota assignment for revision and also notify the authorised body in the field of environmental protection to take measures in relation to accredited bodies for validation and verification.

7. Based on the registered reports on the inventory of greenhouse gas emissions, the operator of the carbon trading system shall analyse and forecast greenhouse gas emissions and removals and, if necessary, make proposals to the authorised body in the field of environmental protection to improve the legislation of the Republic of Kazakhstan in the field of regulation of greenhouse gas emissions.

8. Control of inventory of greenhouse gas emissions shall be carried out in accordance with the rules of public regulation in the field of greenhouse gas emissions and absorption.

Article 295. Modification of the carbon quota

1. The entity subjected to quota assignment shall apply to the authorised body in the field of environmental protection to obtain an additional carbon quota in the absence or insufficiency of the volume of the main carbon quota in the case of an increase in the capacity of the quota facility during the period of the National Carbon Quota Plan.

An increase in capacity means an increase in the annual volume of extraction, production, processing and (or) transportation of products.

2. To obtain an additional carbon quota, the quota holder shall submit an electronic application for changing the carbon quota and the calculations justifying the change in the carbon quota to the authorised environmental authority no earlier than 1 April, but no later than 1 October of the year following the reporting year.

In the case of applying for an additional carbon quota during the last year of the National Carbon Quota Plan, the quota holder shall submit the documents referred to in part one of this paragraph to the authorised body for environmental protection not earlier than 1 April, but no later than 1 June of the year following the reporting year.

3. The additional carbon quota shall be calculated according to the following formula:

M = (X - Y) × Z,

where:

M is the additional carbon quota requested;

X - the verified production volume as reported in the verified greenhouse gas emissions inventory report for the previous reporting year;

Y - the output value used to calculate the carbon quota for the facility for one year under the current National Carbon Credit Plan;

Z - benchmark.

4. The authorised body for environmental protection shall examine the documents submitted by the quota holder for obtaining the supplementary carbon quota within fifteen working days of their receipt.

5. In case of a positive decision to issue an additional carbon quota, within three working days, the authorised body for environmental protection shall send relevant notifications to the quota holder and the operator of the carbon trading system, indicating the quota holder, the quotable facility and the amount of the additional carbon quota.

6. In cases of submission of incomplete package of documents and (or) their non-compliance with requirements of paragraphs 1, 2 and 3 hereof, the authorised body in the field of environmental protection shall send them for revision.

After submission of revised documents by the quota holder, the authorised body in the field of environmental protection shall consider them within the terms specified in paragraph 4 hereof.

7. Information on the additional carbon quota issued shall be published on the official website of the carbon trading system operator.

8. Carbon units generated by reducing the capacity of the quotable facility may not be sold and shall be returned to the National Carbon Quota Plan reserve in the manner prescribed by the rules of public regulation in the field of greenhouse gas emissions and removals.

A capacity reduction shall be defined as a reduction in the annual volume of extraction, production, processing and/or transport of products.

9. In case of liquidation (decommissioning) of a quotable facility, the quota holder shall notify thereof the authorised body in the field of environmental protection within ten working days since the decision on liquidation with attaching the report on inventory of greenhouse gas emissions for the last reporting period, in which the relevant facility was operated.

Within three working days of receiving notification from the quota holder, the authorised environmental authority shall notify the operator of the carbon trading system of the transfer of unused carbon credit units from the decommissioned plant account to the National Carbon Quota Plan reserve account.

10. Unallocated carbon reserve units earmarked for issuance of an additional carbon allowance shall be redeemed after ninety working days after the reporting deadline date for the last reporting year of the relevant National Carbon Plan.

Article 296. Change of operator of a quotable facility

1. In the event of a change of quotable facility operator, all rights and obligations of the previous operator under this section shall pass to the new operator of the quotable facility.

2. Within ten working days, the new operator of a quotable facility shall be obliged to submit to the carbon trading system operator an application for the introduction of the corresponding changes to the state register of carbon units accompanied by a notarised copy of the corresponding document of title in respect of the quotable facility (sale and purchase agreement, certificate of acceptance of the unit or other document confirming the right of ownership or other lawful use of the new operator in relation to the quotable facility).

3. Within five working days of receipt of the application and the documents provided for in paragraph 2 hereof, the operator of the carbon unit trading system shall make the appropriate changes to the State Register of Carbon Units.

Article 297. Change of name and/or legal form of the quotable facility operator

1. In the case of change of its name and (or) legal form, the operator of the quotable facility shall apply in electronic form to the operator of the carbon units trading system for the introduction of appropriate changes in the state register of carbon units within ten working days.

2. Within five working days after receipt of the application provided for in paragraph 1 hereof, the carbon unit trading system operator shall make the appropriate changes to the state register of carbon units.

Article 298. Carbon offset

1. Carbon offsets shall refer to reductions in greenhouse gas emissions and/or increases in greenhouse gas removals achieved as a result of activities or activities in any sector of the economy in the Republic of Kazakhstan aimed at reducing greenhouse gas emissions and (or) increasing greenhouse gas removals.

Carbon offsets may not be recognised for the reduction of quoted greenhouse gas emissions of a quotable facility.

2. A natural or legal person carrying out the activity or activities referred to in the first part of paragraph 1 hereof (hereinafter referred to as the project applicant) shall be entitled to submit its project for consideration to the authorised body in the field of environmental protection in order to obtain approval of carbon offsetting and obtain offsetting units.

3. Offset unit shall mean a carbon unit used for the purposes of calculating the carbon offset.

4. The approval of carbon offset and the granting of offset units shall be carried out in accordance with regulations drawn up and approved by the competent authority in the field of environmental protection.

5. Introduction into circulation of offset units shall be carried out by the operator of the carbon units trading system by transferring them to the account of the project applicant in the state register of carbon units.

6. Offset units shall be indefinite in duration, except where they are limited in duration at the time of entry into circulation.

7. The project applicant shall be entitled to sell the offset units in the manner determined by the authorised body for environmental protection.

8. The quota holder shall be entitle to reduce the redemption of carbon quota units by the amount of offset units received (purchased).

Article 299. Carbon units and carbon market

1. A carbon unit shall be the accounting unit of a carbon quota or carbon offset and be equal to one tonne of carbon dioxide equivalent.

2. A carbon unit (carbon quota unit, offset unit) shall be a commodity allowed for turnover between the carbon market entities in the Republic of Kazakhstan in obedience to this Code.

3. The carbon market entities shall be:

1) entities subjected to quota assignment;

2) natural persons and legal entities involved in the sale of carbon offsets;

3) the operator of the carbon trading system.

4. The carbon trading system in the Republic of Kazakhstan shall consist of primary and secondary carbon markets.

In the primary carbon market, the operator of the carbon trading system shall sell carbon units from the appropriate category of the National Carbon Quota Plan reserve to the carbon market entities on an auction basis.

In the secondary carbon market, carbon market actors shall buy and sell carbon units between themselves through a direct transaction or through a commodity exchange.

5. Rules for trading in carbon units shall be developed and approved by the authorized body in the field of environmental protection.

6. Trading of carbon units on the commodity exchange shall be organised pursuant to the legislation of the Republic of Kazakhstan on commodity exchanges.

7. The commodity exchange on which carbon units are traded shall be determined by the authorised environmental authority in accordance with the carbon trading rules.

8. The sale and purchase of carbon units by the operator of the carbon unit trading system shall be carried out through the commodity exchange.

9. The entity subjected to quota assignment, the applicant of the project shall be entitled to sell carbon quota units and offset units by direct sale under the contract of sale at a price not lower than the level of the exchange quotation of the carbon quota unit and offset unit on the day of the transaction.

In the absence of an exchange quotation for a carbon quota unit or an offset unit on a commodity exchange on the day of the transaction, the price shall be determined by the last available price quotation for a carbon quota unit or an offset unit.

10. Carbon units that have been cancelled, extinguished, withdrawn from circulation or withdrawn from circulation by decision of the competent authority for environmental protection may not be traded.

11. The rules of trade in carbon units, issued in circulation in the Republic of Kazakhstan, on the carbon market of a foreign state, as well as trade in carbon units, issued in circulation in a foreign state, on the carbon market of the Republic of Kazakhstan shall be determined by the international treaties of the Republic of Kazakhstan.

Article 300. State Register of Carbon Units

1. State Register of Carbon Units shall be an electronic system for recording transactions related to the introduction into circulation, storage, transfer, acquisition, reservation, blocking, redemption, cancellation, withdrawal from circulation of carbon units.

2. A separate account shall be opened in the State Register of Carbon Units for each quotable facility.

3. Development and maintenance of the State Register of Carbon Units shall be organized by the authorized body in the field of environmental protection.

4. The State Register of Carbon Units shall be formed and maintained by the operator of the carbon unit trading system in accordance with the rules approved by the authorised body in the field of environmental protection.

5. The main functions of the State Registry of Carbon Units shall be to ensure accurate accounting of carbon units that are put into circulation, stored, transferred, purchased, reserved, blocked, cancelled, redeemed, withdrawn from circulation, as well as data exchange with other national registries.

Article 301. Administration of facilities

1. An administrable facility shall be an installation greenhouse gas emissions allowance of which is between ten thousand and twenty thousand tonnes of carbon dioxide per year in the regulated sectors of the economy.

The operator of an administrable facility shall be recognized as the administering entity.

2. By the first day of April of the current year, the administering entity shall complete in the State Carbon Cadastre an electronic form of the report on the inventory of greenhouse gas emissions of the administrable facility for the previous year.

3. The greenhouse gas emission inventory report of an administrable facility shall not be subject to verification.

4. The administering entity shall be entitled to participate as an applicant for a project aimed at reducing greenhouse gas emissions or increasing greenhouse gas removals, for the purpose of obtaining a carbon offset.

5. The competent authority for environmental protection shall control the amount of greenhouse gas emission allowances of administrable facilities.

Article 302. State greenhouse gas emissions and removals inventory system

1. The state greenhouse gas emissions and removals inventory system shall be a set of organisational arrangements for the collection, processing, storage and analysis of data required to determine the actual amounts of emissions and absorption of greenhouse gases in the Republic of Kazakhstan for the relevant period.

2. Collection of information for the state greenhouse gas emissions and removals inventory system shall be based on the data from the fuel and energy balance of the Republic of Kazakhstan, statistical reporting, as well as on the information provided in the reports on the inventory of greenhouse gas emissions, in accordance with the legislation of the Republic of Kazakhstan.

3. The authorised body in the field of environmental protection shall organise and coordinate the functioning of the state system of inventory of greenhouse gas emissions and removals.

4. Preparation of the state greenhouse gas emissions and removals inventory system shall be carried out by the operator of the carbon unit trading system.

5. The completeness, transparency and accuracy of the state greenhouse gas emissions and removals inventory system shall be monitored annually in concordance with the rules approved by the competent authority in the field of environmental protection.

Article 303. State Carbon Cadastre

1. The State Carbon Cadastre shall be a system for recording the sources of greenhouse gas emissions, the amount of emissions produced by them, and the amount of reductions in emissions or increases in removals of greenhouse gases within the boundaries established for the operator of the installation.

2. The authorized body in the field of environmental protection shall organize development and maintenance of the State Carbon Cadastre.

3. The State Carbon Cadastre shall be maintained by the operator of the carbon trading system in accordance with the rules approved by the authorised body in the field of environmental protection.

4. The State Carbon Cadastre shall contain information on sources of greenhouse gas emissions, operators of installations, amount of emissions and absorption of greenhouse gases.

5. Based on data from the State Carbon Cadastre, the authorised body in the field of environmental protection shall ensure the organisation of a system of state control over the volume of emissions and absorption of greenhouse gases, the fulfilment of obligations of the Republic of Kazakhstan on annual reporting in compliance with the international treaties of the Republic of Kazakhstan.

Article 304. Validation and verification

1. Validation shall be the systematic, independent and documented process of assessing compliance with the requirements established by international standards and legislation of the Republic of Kazakhstan, and validating the monitoring plan and documentation as part of the development of projects to reduce emissions or increase removals of greenhouse gases.

2. Verification shall be a systematic, independent and documented process for assessing compliance with the requirements established by international standards and legislation of the Republic of Kazakhstan, and for verifying the reliability of the information provided in the greenhouse gas inventory report and in the report on implementation of projects to reduce emissions or increase greenhouse gas removals.

3. Validation and verification bodies shall be accredited in obedience to the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment.

The validation and verification body shall be responsible for the reliability of validation and verification.

5. Validation and verification shall be carried out at the expense of the plant operator.

6. The validation and verification body may not validate or verify a greenhouse gas emission inventory report or monitoring plan developed with its involvement.

7. Validation and verification of the same project to reduce emissions or increase removals of greenhouse gases may not be carried out by the same validation and verification body.

8. Validation and verification shall be performed in accordance with the rules of validation and verification, approved by the authorized body in the field of environmental protection, and the national standards, approved by the authorized body in the field of standardization, unless otherwise provided by the international treaties, ratified by the Republic of Kazakhstan.

Chapter 21. PROTECTION OF THE OZONE LAYER IN THE ATMOSPHERE Article 305. Ozone layer and its protection

1. Ozone layer shall mean the layer of atmospheric ozone above the boundary layer of the atmosphere of planet Earth.

2. Protection of the ozone layer shall mean a system of measures implemented by state bodies, legal entities and individual entrepreneurs to prevent destruction of the ozone layer and to restore it to protect human life and (or) health and protect the environment from adverse consequences caused by destruction of the ozone layer.

Article 306. Ozone-depleting substances and their handling

1. Ozone-depleting substances (hereinafter referred to as ozone-depleting substances) shall mean chemical substances that exist alone or in a mixture, are used in an activity or are the product of an activity and may have a harmful impact on the Earth's ozone layer.

2. Chemicals not classified as ozone-depleting under this Code shall be recognised as ozone-safe substances.

Article 307. Public regulation of activities in the field of protection of the ozone layer

Public regulation of activities in the field of protection of the ozone layer shall be carried out by the authorised body in the field of environmental protection and shall include:

1) regulation of consumption of ozone-depleting substances;

2) regulation of handling of ozone-depleting substances.

Article 308. Regulation of consumption of ozone-depleting substances

1. Consumption of ozone-depleting substances shall mean the total quantity of ozone-depleting substances imported into the Republic of Kazakhstan for permanent disposal on its territory minus ozone-depleting substances exported from the Republic of Kazakhstan for permanent disposal outside its territory for a certain period.

2. Regulation of consumption of ozone-depleting substances shall be carried out by the authorized body in the field of environmental protection by:

1) establishment of limits (quotas) for consumption of ozone-depleting substances in accordance with the international treaties of the Republic of Kazakhstan on substances that deplete the ozone layer;

2) licensing of import of ozone-depleting substances and products containing them into the territory of the Republic of Kazakhstan from states that are not members of the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these states;

3) issuance of permits for import to the territory of the Republic of Kazakhstan from the member states of the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these states of ozone-depleting substances and products containing them.

Rules for issuing permits for import to the territory of the Republic of Kazakhstan from the states - members of the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these states of ozone-depleting substances and products containing them shall be approved by the authorised body in the field of environmental protection.

Article 309. Regulation of the handling of ozone-depleting substances

1. Handling of ozone-depleting substances shall include the following operations:

1) the use of ozone-depleting substances in production, maintenance or repair operations, including refuelling operations of products and equipment, or in other technological processes (hereinafter referred to as the use of ozone-depleting substances);

2) transportation of ozone-depleting substances;

3) storage of ozone-depleting substances

4) recovery of ozone-depleting substances, which means removal, collection and storage of ozone-depleting substances contained in machines and equipment, their parts and containers, during their maintenance or prior to their decommissioning;

5) ozone-depleting substances recovery, which means treatment of recovered ozone-depleting substances in order to restore consumer properties of ozone-depleting substances;

6) disposal of ozone-depleting substances, which means a complex of measures aimed at collection and storage of ozone-depleting substances extracted from mechanisms, equipment, containers and other devices during their maintenance or before write-off for the purpose of recycling or decontamination of ozone-depleting substances not subject to recovery.

2. Recycling of ozone-depleting substances - reuse of recovered ozone-depleting substances after their recovery.

3. Neutralisation of ozone-depleting substances - elimination of hazardous properties of ozone-depleting substances through destruction resulting in their permanent transformation or decomposition into components having no adverse impact on the environment, including the ozone layer.

4. Handling of ozone-destroying substances shall be regulated by the authorized body in the field of environmental protection by means of issuing permits for carrying out works with the use of ozone-destroying substances, repair, installation, maintenance of equipment containing ozone-destroying substances, transportation, storage, recovery, recovery, utilization of ozone-destroying substances.

Rules for issuance of permits for carrying out of activities referred to in part one of this paragraph shall be approved by the authorized body in the field of environmental protection.

Article 310. State Cadastre and inventory of ozone-depleting substances

1. The State Cadastre of Ozone-Depleting Substances shall be a periodically updated and updated system for recording the consumption and handling of ozone-depleting substances, including data on their location, component composition, quantitative and qualitative characteristics, and conditions of use.

2. All types of ozone-depleting substances shall be subject to accounting in the State Ozone-Depleting Substances Cadastre.

3. The development and maintenance of the State Ozone-Depleting Substances Cadastre shall be organised by the authorised body in the field of environmental protection.

4. Rules for maintenance of the State Ozone-Depleting Substances Cadastre shall be approved by the authorised body in the field of environmental protection.

5. State Ozone-Depleting Substances Cadastre shall be maintained to provide state bodies, interested natural and legal persons with information for assessment, forecasting, development of technological, economic, legal and other decisions in relation to environment protection, as well as to maintain a nation-wide comprehensive record of ozone-depleting substances in order to fulfil international commitments of the Republic of Kazakhstan.

6. Based on data from the State Ozone-Depleting Substances Cadastre, the authorised body in the field of environmental protection shall analyse and forecast consumption of ozone-depleting substances, ensure organisation of the system of state control over ozone-depleting substances to meet the obligations of the Republic of Kazakhstan on annual reporting in accordance with international treaties on protection of the ozone layer, ratified by the Republic of Kazakhstan.

7. In order to maintain the State Ozone-Depleting Substances Cadastre, legal entities and individual entrepreneurs handling ozone-depleting substances and (or) having equipment containing ozone-depleting substances on their balance sheet shall submit to the authorised body in the field of environmental protection a report on handling of ozone-depleting substances and a report on inventory of ozone-depleting substances in the forms approved by the authorised body in the field of environmental protection.

8. Inventory of ozone-depleting substances shall mean determination of the amount of ozone-depleting substances contained in equipment and technical devices.

Rules for the State Ozone-Depleting Substances Cadastre shall be approved by the authorised body in the field of environmental protection.

9. The report on the handling of ozone-depleting substances shall be submitted annually as of 1 January, no later than the first quarter of the year following the reporting year, on paper and/or electronically by filling in an electronic form in the State Ozone-Depleting Substances Cadastre system in accordance with the rules for maintaining the State Ozone-Depleting Substances Cadastre and by signing the electronic digital signature of the official responsible for providing information.

Report on inventory of ozone-depleting substances shall be submitted initially as of January 1, no later than the first quarter of the year following the reporting year, on paper and/or electronically by filling in the form in the information system of the State Cadastre of Ozone-Depleting Substances in accordance with the rules for maintaining the State Cadastre of Ozone-Depleting Substances and signing by electronic digital signature of an official responsible for providing information, and submitted repeatedly - in case of making.

10. The consolidated data of the State Cadastre of Ozone-Depleting Substances shall be open and accessible.

11. State Cadastre of Ozone-Depleting Substances shall be placed and updated in the information system and on the website of the authorized body in the field of environmental protection.

Article 311. General requirements for the handling and consumption of ozone-depleting substances

1. When handling ozone-depleting substances, legal entities and individual entrepreneurs shall be obliged to:

1) reduce consumption of ozone-depleting substances and take necessary measures to completely stop their consumption in accordance with international commitments of the Republic of Kazakhstan on protection of the ozone layer;

2) comply with the requirements of this Code and regulations on the handling of ozone-depleting substances;

3) upon the request of the authorised body in the field of environmental protection in the course of the state environmental control, to submit for control available ozone-depleting substances and products containing ozone-depleting substances, as well as documentation on handling of ozone-depleting substances;

4) not to exceed the established limits for consumption of ozone-depleting substances;

5) keep an inventory and record of handling and consumption of ozone-depleting substances in accordance with the rules of inventory of ozone-depleting substances and the rules of record of handling and consumption of ozone-depleting substances;

6) ensure their safe use, storage, transportation, recovery, recycling and disposal;

7) develop and implement measures for the collection of ozone-depleting substances and their storage in sealed containers for disposal, recovery, recuperation and/or neutralisation.

2. The following shall be prohibited:

1) movement of ozone-depleting substances by individuals for personal use (for non-commercial purposes);

2) handling of ozone-depleting substances and products containing ozone-depleting substances, in respect of which a ban on import into the customs territory of the Eurasian Economic Union and (or) export from the customs territory of the Eurasian Economic Union has been established, except for their utilisation, recycling and recovery (or) decontamination;

3) emission of ozone-depleting substances into the atmospheric air, except for technological losses of such substances in the volumes established by the design, construction and other technical documentation;

4) design, reconstruction, technical re-equipment, expansion, new construction of facilities using technologies, equipment, substances and materials providing for the handling of ozone-depleting substances, in respect of which the ban on import into the customs territory of the Eurasian Economic Union and (or) export from the customs territory of the Eurasian Economic Union has been established, except for their utilisation, recycling and recovery (or) decontamination.

Part one of this paragraph shall be enacted in the event of a ban on the import into and export from the territory of the Republic of Kazakhstan of ozone-depleting substances.

3. Rules on handling of ozone-depleting substances shall be approved by the authorized body in the field of environmental protection.

Chapter 22. PUBLIC ADMINISTRATION FOR CLIMATE CHANGE ADAPTATION Article 312. Climate change and adaptation

1. Climate change shall refer to a statistically significant variation in average climate state or climate variability over a decade or longer, which is directly or indirectly caused by human activities that alter the composition of the global atmosphere and is superimposed on natural climate variability observed over comparable time periods.

2. Adaptation to climate change shall be carried out in accordance with this Code and the international treaties of the Republic of Kazakhstan on climate change and shall mean the process of prevention and reduction of losses and use of benefits associated with observed and projected impacts of climate change.

Climate change impacts shall mean observed and projected positive and negative effects in ecological systems, society and economy caused by climate change and related extreme meteorological and other natural phenomena.

Vulnerability to climate change shall refer to the exposure of ecological systems, societies and economies to the adverse impacts of climate change.

Article 313. Objectives, priority areas of public administration and basic principles of adaptation to climate change

1. Adaptation to climate change shall be undertaken to prevent and reduce the adverse effects and damages of climate change on human health, ecological systems, society, and the economy, to reduce vulnerability to climate change, and to take advantage of opportunities associated with climate change.

2. Priority areas for climate change adaptation shall be: agriculture, water management, forestry, civil protection.

3. The climate change adaptation process shall be based on the following principles:

1) the mandatory consideration of climate change impacts in medium- and long-term socio-economic development plans;

2) phased implementation of the process of adaptation to climate change, starting with priority areas;

3) cross-sectoral approach of local executive bodies to climate change adaptation, covering all priority areas indicated in paragraph 2 hereof;

4) links between climate change adaptation measures and the reduction of adverse impacts of climate change.

Article 314. General requirements for the process of adaptation to climate change

1. The process of adapting to climate change shall include the following stages:

1) information gathering and assessment of vulnerability to climate change;

2) planning for adaptation to climate change;

3) development of measures for adaptation to climate change;

4) implementation of measures on adaptation to climate change;

5) monitoring and evaluating the effectiveness of climate change adaptation measures;

6) reporting on climate change impacts and effectiveness of measures on adaptation to climate change;

7) adjusting climate change adaptation measures based on the results of monitoring and evaluation.

2. The process of adapting to climate change shall be carried out by authorised central executive bodies for the areas of public administration identified as priorities for climate change adaptation, and by local executive bodies of oblasts, cities of republican significance, and the capital city.

3. Within the framework of the development and implementation of relevant state programmes on the priority areas of public administration for adaptation to climate change referred to in paragraph 2 of Article 313 of this Code, the authorised central executive bodies and local executive bodies of regions, cities of republican significance and the capital shall implement the stages of the climate change adaptation process specified in paragraph 1 hereof.

4. The requirements for the implementation of the stages referred to in paragraph 1 hereof shall be implemented in compliance with the rules for the organization and implementation of the climate change adaptation process approved by the competent authority for environmental protection.

5. The authorized body in the field of environmental protection shall carry out reporting on the results of adaptation to climate change pursuant to international treaties on climate change.

Article 315. Information gathering and vulnerability assessment requirements for climate change

1. Authorized central executive bodies for priority areas of public administration for adaptation and local executive bodies of oblasts, cities of republican significance and the capital shall organize an assessment of vulnerability to climate change for planning, development and implementation of measures on adaptation to climate change.

2. Assessment of vulnerability to climate change shall be based on the collection of information and data on:

1) current and past climate trends and events;

2) prediction of future climate change;

3) current and past climate impacts;

4) projected climate change impacts.

3. Assessment of vulnerability to climate change in priority areas at the national level shall be organised by authorised bodies in the fields of agriculture, water management, forestry and civil protection according to their competencies.

4. Assessment of vulnerability to climate change at the local level shall be organised by local executive bodies of oblasts, cities of republican significance and the capital on priority spheres of public administration for climate change adaptation.

5. The authorized body in the area of environmental protection shall provide information and methodological support for climate change vulnerability assessment in accordance with the rules of organization and implementation of the climate change adaptation process.

Article 316. Planning for adaptation to climate change

1. Climate change adaptation shall be planned according to the main directions of the state policy of the Republic of Kazakhstan on adaptation to climate change and be based on the results of the climate change vulnerability assessment.

2. At the national level, climate change adaptation planning shall be carried out by considering climate change impacts and considering climate change adaptation measures in the relevant government programmes for the priority areas of public administration for climate change adaptation referred to in paragraph 2 of Article 313 of this Code.

3. At the local level, climate change adaptation planning shall be performed by the local executive bodies of regions, cities of republican significance, and the capital through consideration of climate change impacts and consideration of climate change adaptation measures as part of the implementation of the state environmental policy at the local level.

SECTION 19. WASTE Chapter 23. GENERAL PROVISIONS ON WASTE Article 317. Concept of waste

1. Waste shall be defined as any substance, material or item generated in the course of production, work, service or consumption (including goods that have lost their consumer properties) which its owner explicitly recognises as waste or is required by law to submit to disposal or recovery operations or intends to submit to or is subject to disposal or recovery operations.

2. Waste shall not include:

1) substances discharged into the atmosphere as part of waste gases (dust and air mixtures);

2) waste water;

3) contaminated land in its natural state, including unremoved contaminated soil layer;

4) real estate facilities firmly connected to the land;

5) removed uncontaminated soils;

6) commonly occurring solid minerals that have been extracted from their natural occurrences during excavation activities during construction activities and that are or will be used in their natural state for construction purposes in compliance the project document on the same construction site where they have been separated;

7) firearms, ammunition and explosives to be disposed of in accordance with the legislation of the Republic of Kazakhstan in the field of state control over the circulation of certain types of weapons.

Article 318. Owners of waste

1. The owner of waste shall be defined as the generator of waste or any person in whose legal possession the waste is located.

2. A waste generator shall be any person during whose activities waste is generated (primary waste generator) or any person who carries out treatment, blending or other operations that change the properties of such waste or its composition (secondary waste generator).

Article 319. Waste management

1. Waste management shall refer to the operations carried out on waste from its generation to its final disposal.

2. Waste management operations shall include:

1) accumulation of waste at the point of generation;

2) collection of waste;

3) transportation of waste;

4) waste recovery;

5) waste disposal;

6) auxiliary operations performed in the course of operations stipulated by sub-paragraphs 1), 2), 4) and 5) of this paragraph;

7) monitoring of waste collection, transportation, recovery and (or) disposal operations;

8) activities on maintenance of liquidated (closed, decommissioned) waste disposal facilities.

3. Persons engaged in waste management operations, except for housekeeping, must comply with national standards in waste management included in the list approved by the authorised body in the area of environmental protection when carrying out relevant activities. Violation of the requirements provided by such national standards shall entail liability established by the laws of the Republic of Kazakhstan.

4. Persons carrying out waste management operations, other than households, shall submit waste management reports in obedience to the procedure established by the competent authority for environmental protection.

Article 320. Waste accumulation

1. Waste accumulation shall be understood to mean the temporary storage of waste in specially designated places for the periods specified in paragraph 2 hereof, carried out in the course of waste generation or further waste management until its final recovery or disposal.

2. Waste accumulation sites shall be intended for:

1) temporary storage of waste at the place of generation for a period not exceeding six months prior to the date of its collection (transfer to specialized organizations) or independent removal to a facility where such waste shall be subjected to recovery or disposal operations;

2) temporary storage of non-hazardous waste in the process of its collection (in containers, at transfer and sorting stations), except for retired vehicles and (or) self-propelled agricultural machinery, for a period not exceeding three months before the date of their removal to the facility where this waste will be subjected to recovery or disposal operations;

3) temporary storage of wastes at a facility where these wastes will be subject to recovery or disposal operations, for a period not exceeding six months before they are sent for recovery or disposal.

For retired vehicles and (or) self-propelled agricultural machinery, the period of temporary storage during their collection shall not exceed six months;

4) temporary storage of mining and processing wastes, including metallurgical and chemical-metallurgical wastes, at the place of their generation for a period not exceeding twelve months before the date of their transfer for recovery or disposal.

3. Accumulation of waste shall be permitted only in specially established and equipped in accordance with the requirements of the legislation of the Republic of Kazakhstan (on sites, in warehouses, storage facilities, containers and other storage facilities).

4. Accumulation of waste in excess of the terms specified in paragraph 2 hereof, and (or) in excess of the established waste accumulation limits (for facilities of categories I and II) or waste accumulation volumes specified in the declaration on environmental impact (for facilities of category III) shall be prohibited.

Article 321. Waste collection

1. Waste collection shall be defined as the activity of organised reception of waste from natural and legal persons by specialised organisations for the purpose of further forwarding such waste for recovery or disposal.

Waste collection operations may include auxiliary operations for sorting and accumulation of waste in the process of collection.

Waste accumulation in the process of collection shall mean storage of waste in places specially equipped in accordance with the requirements of the legislation of the Republic of Kazakhstan, where the waste removed from the place of its formation is unloaded in order to prepare it for further transportation to the facility, where this waste will be subjected to recovery or disposal operations.

2. Persons carrying out waste collection operations shall ensure separate collection of waste in compliance with the requirements of this Code.

Separate collection of waste shall mean collection of waste separately by types or groups to facilitate further specialised waste management.

3. Requirements for separate waste collection, including types or groups (aggregate of types) of waste subject to mandatory separate collection shall be determined by the authorized body in the field of environmental protection in accordance with the requirements of this Code and with allowance made for technical, economic and environmental feasibility.

4. Separate collection shall be carried out according to the following fractions:

1) "dry" (paper, cardboard, metal, plastic and glass);

2) "wet" (food waste, organic and other).

5. Mixing of separately collected waste in all further stages of waste management shall be prohibited.

Article 322. Transportation of waste

1. Waste transportation shall mean the activity associated with movement of waste using specialised vehicles between places of its generation, accumulation in the process of collection, sorting, treatment, recovery and (or) disposal.

2. Waste transportation shall be carried out in compliance with the requirements of this Code.

Article 323. Recovery of waste

1. Waste recovery shall be any operation intended to reduce waste, the main purpose of which is to use the waste to perform a useful function in order to replace other materials that would otherwise have been used to perform that function, including auxiliary operations to prepare the waste for that function, carried out at a particular production facility or in a particular sector of the economy.

Waste recovery operations shall include:

1) preparation of waste for reuse;

2) recycling of waste;

3) waste recycling.

2. The preparation of waste for re-use shall involve condition checking, cleaning and/or repair, by which waste products or components thereof are prepared for re-use without any other treatment.

3. Processing of waste shall mean mechanical, physical, chemical and (or) biological processes, aimed at extraction of useful components, raw materials and (or) other materials, suitable for further use in production (manufacturing) of products, materials or substances, regardless of their destination, except for the cases, envisaged by paragraph 4 hereof.

4. Waste management shall refer to the process of using waste for purposes other than recycling, including as a secondary energy resource for the extraction of heat or electricity, the production of fuels, and as a secondary material resource for construction, filling (backfilling) of excavated spaces (voids) in the ground or subsoil or for engineering purposes when creating or modifying landscapes.

Article 324. Energy waste management

1. Energy waste management shall mean the process of thermal treatment of waste in order to reduce its volume and obtain energy, including its use as secondary and (or) energy resources, except for biogas and other fuel production from organic waste.

2. Waste on the list approved by the authorised body in the field of environmental protection shall not be subject to energy recycling.

3. The operation of energy waste management facilities shall be carried out in accordance with the environmental requirements for the operation of energy waste management facilities approved by the authorised environmental authority.

The environmental requirements for operation of energy waste management facilities must be equivalent to Directive 2010/75/EC of the European Parliament and of the Council of the European Union “On Industrial Emissions (on Integrated Pollution Prevention and Control”).

Energy waste management facilities shall include a set of technical devices and facilities for energy waste management and the associated facilities and infrastructure technologically necessary for energy waste management.

4. Reimbursement of the costs of construction and operation of new energy waste management facilities shall be performed through the purchase by the Settlement and Financial Centre for Renewable Energy Support of electricity produced by energy producing organisations using energy waste management and supplied by them to the unified power system of the Republic of Kazakhstan, at auction prices determined by the results of the auction, subject to indexation, as determined by the Government of the Republic of Kazakhstan.

5. The authorised environmental authority shall approve the ceiling auction prices for electricity produced through energy waste recycling in obedience to the rules for determining the ceiling auction prices for electricity produced through energy waste recycling, including the procedure for indexation of auction prices, approved by the Government of the Republic of Kazakhstan.

6. Energy producing organisations that are included in the list of energy producing organisations that use energy-based waste management and new technical devices and installations that have not previously been in operation, and are technologically necessary for the operation of energy-based waste management facilities approved by the authorised environmental authority shall be permitted to participate in the auction bidding for the selection of energy-based waste management projects.

The rules for making the list of energy producing organisations using energy waste management shall be approved by the authorised body in environmental protection.

7. Social relations arising in the process of electricity production by waste energy facilities, its transmission and consumption shall be regulated by the legislation of the Republic of Kazakhstan on electricity and in the field of support for the use of renewable energy sources.

Article 325. Waste disposal

1. Waste disposal shall be any operation that is not a recovery operation for the disposal or destruction of waste, including supporting operations for the preparation of waste for disposal or destruction (including sorting, treatment, neutralisation).

2. Waste disposal shall be the storage of waste in places specially designated for its safe storage for an indefinite period of time, without the intention of withdrawal.

3. Waste destruction shall be a method of waste disposal by thermal, chemical or biological processes that substantially reduces the volume and/or mass and changes the physical condition and chemical composition of the waste, but which does not have as its primary objective the production of products or the recovery of energy.

Article 326. Supporting operations in waste management

1. Supporting operations shall include waste sorting and treatment.

2. Waste segregation shall mean operations on separation of waste by its types and (or) fractions or segregation of waste by its components, carried out separately or during accumulation of waste prior to its collection, during collection and (or) at the facilities where waste undergoes recovery or disposal operations.

3. Waste treatment shall refer to operations in which waste is subjected to physical, thermal, chemical or biological effects that alter its characteristics in order to facilitate its further management, and which take place separately or at waste accumulation prior to collection, in the collection process and/or at facilities where waste is subjected to recovery or disposal operations.

Waste neutralization shall mean the mechanical, physico-chemical or biological treatment of waste to reduce or eliminate its hazardous properties.

Article 327. Fundamental environmental requirement for waste management operations

Persons carrying out waste management operations shall carry out the relevant operations in a manner that does not endanger human life and/or health, environmental damage, and in particular without:

1) risk to waters, including groundwater, atmospheric air, soil, fauna and flora;

2) negative impact on landscapes and specially protected natural territories.

Article 328. Principles of state environmental policy in the field of waste management

In addition to the general principles set out in Article 5 of this Code, the state environmental policy in the field of waste management shall be based on the following special principles:

1) hierarchy;

2) proximity to the source;

3) responsibility of the waste generator;

4) extended obligations of producers (importers).

Article 329. Principle of hierarchy

1. Waste generators and owners shall apply the following hierarchy of waste prevention and waste management measures in descending order of preference in the interests of environmental protection and sustainable development of the Republic of Kazakhstan:

1) prevention of waste generation;

2) preparation of waste for re-use;

3) recycling of waste;

4) waste recycling;

5) waste disposal.

When carrying out operations stipulated in sub-paragraphs 2) - 5) of part one of this paragraph waste owners may carry out auxiliary sorting, treatment and accumulation operations if necessary.

2. Waste prevention shall mean measures taken before a substance, material or product becomes waste and aimed at:

1) reducing the amount of waste generated (including by reusing products or extending their useful life);

2) reducing the negative impact of generated waste on the environment and human health;

3) reducing the content of harmful substances in materials or products.

Reuse in sub-paragraph 1) of paragraph one of this paragraph shall mean any operation whereby products or components thereof which have not yet become waste are reused for the same purpose for which such products or components thereof have been created.

3. Where the measures provided for in paragraph 2 hereof cannot be implemented, the waste shall be subject to recovery.

4. Waste which cannot be recovered shall be disposed of by safe methods which shall comply with the requirements of Article 327 of this Code.

5. The precautionary principle and the principle of sustainable development, technical and economic feasibility as well as the overall level of impact on the environment, human health and socio-economic development of the country shall be counted in applying the hierarchy principle.

Article 330. Principle of proximity to the source

Generated waste shall be recovered or disposed of as close as possible to its source, if technically, economically and environmentally justifiable.

Article 331. Principle of responsibility of the waste generator

Entities which are waste generators shall be responsible for ensuring the proper management of such waste from the time it is generated until it is transferred in accordance with paragraph 3 of Article 339 of this Code to the possession of the person carrying out waste recovery or disposal operations under a licence.

Article 332. Principle of extended producer (importer) obligations

Natural and legal persons which manufacture certain types of goods in the territory of the Republic of Kazakhstan according to the list approved pursuant to paragraph 1 of Article 386 of this Code, or import such goods into the territory of the Republic of Kazakhstan, shall bear enhanced obligations in accordance with this Code, including for the purpose of reducing the negative impact of such goods on life and (or) health of people and the environment.

Article 333: Termination of waste status

1. Certain types of waste shall cease to be waste and become a finished product or a secondary resource (material or energy) once they have been subjected to recovery operations and the resulting substances or materials meet the criteria established in obedience to this Code.

2. Types of waste that may lose the status of waste pursuant to paragraph 1 hereof shall include waste plastics, plastic, polyethylene, polyethylene terephthalate packaging, waste paper (paper and cardboard waste), used glass containers and glass scrap, non-ferrous and ferrous metal scrap, used tyres and textile products as well as other types of waste according to the list approved by the competent authority in the field of environmental protection.

3. The criteria referred to in paragraph 1 hereof shall be developed and approved by the authorised body for environmental protection under the following conditions:

1) the substance or materials can be used in production for certain purposes;

2) there is a market or demand for sale of the substance or materials in the Republic of Kazakhstan or abroad;

3) the substance or materials comply with environmental and sanitary and epidemiological requirements for the relevant products or their use for certain purposes;

4) the use of the substance or materials will not result in a harmful impact on the environment or human health.

As a criterion for termination of waste status, the legislation of the Republic of Kazakhstan may define the maximum concentrations of pollutants in substances or materials generated as a result of waste recovery.

Article 334. Waste management regulation

1. Waste accumulation limits and waste disposal limits shall be established for Category I and II facilities based on the relevant environmental permit.

2. Accumulation and (or) disposal of waste at facilities of categories III and IV shall not be subject to environmental regulation.

3. Development and approval of limits of accumulation of wastes and limits of disposal of wastes, submission and control of reporting on waste management shall be carried out in accordance with the rules approved by the authorized body in the field of environmental protection.

Article 335. Waste management programme

1. Operators of facilities in categories I and (or) II, as well as persons carrying out waste sorting, treatment, including decontamination, recovery and (or) disposal operations, shall develop a waste management programme in accordance with the rules approved by the authorised body for environmental protection.

2. The waste management programme shall be an integral part of the environmental permit.

3. The waste management programme shall be developed in obedience to the hierarchy principle and shall include information on the volume and composition of waste generated and/or received from third parties, the methods of its accumulation, collection, transportation, neutralisation, recovery and disposal, as well as a description of proposed measures to reduce waste generation and increase the proportion of its reuse, recycling and disposal.

4. Waste management programme for Category I facilities shall be developed with due regard for the need to use the best available techniques in accordance with best available techniques conclusions developed and approved in accordance with this Code.

Article 336. Licensing of activities in the field of recovery and disposal of hazardous waste

1. To carry out works (services) on recycling, neutralisation, utilisation and (or) destruction of hazardous waste, business entities shall be obliged to obtain a licence to carry out works and services in the field of environmental protection for the relevant subfield of activity in accordance with the requirements of the Law of the Republic of Kazakhstan “On Permits and Notifications”.

2. A licence for the purposes of carrying out the types of activities specified in paragraph 1 hereof shall specify:

1) type and quantity of hazardous wastes in respect of which a person may carry out relevant operations;

2) types of hazardous waste operations;

3) technical and other site requirements for each type of operation;

4) the method to be used for each type of operation.

3. A licence shall not be required for waste collection operations.

4. The requirement of paragraph 1 hereof shall not apply to business entities which are generators of hazardous waste as regards the recovery, decontamination and disposal of their own hazardous waste.

5. The requirements hereof shall not apply to the activity on radioactive waste management, subject to licensing in accordance with the legislation of the Republic of Kazakhstan in the field of atomic energy use.

Article 337. Notification regime of business entities in the field of waste management

1. Entities planning or carrying out business activities to collect, sort and (or) transport waste, recover and (or) destroy non-hazardous waste must submit a notification of the commencement or termination of activities to the authorised body in the field of environmental protection in the manner prescribed by the Law of the Republic of Kazakhstan “On Permits and Notifications”.

2. The authorized body in the field of environmental protection shall accept notifications from the entities specified in paragraph 1 hereof, shall form and maintain a state electronic register of permits and notifications (hereinafter - the register of business entities in the field of waste management) in accordance with the Law of the Republic of Kazakhstan “On Permits and Notifications”.

The procedure for maintaining the register of waste management business entities shall be established by regulations approved by an authorized body in the field of environmental protection.

3. Conducting business activities on collection, sorting and (or) transportation of waste, recovery and (or) destruction of non-hazardous waste without notification in accordance with paragraph 1 hereof shall be prohibited.

4. Entities in the field of waste management referred to in Paragraph 1 hereof shall be removed from the register of business entities in the field of waste management based on a decision of the authorised body in the field of environmental protection in cases of:

1) liquidation of the business entity;

2) coming into force of a court decision;

3) an application by a business entity to voluntarily terminate its activities.

In this case, the business entity must fulfil all its obligations prior to submitting the application.

5. Entities in the sphere of waste management, specified in paragraph 1 hereof, shall be excluded from the register of business entities in the sphere of waste management under a court decision in cases of:

1) carrying out activities with systematic (more than three times within twelve consecutive calendar months) violation of the requirements of the environmental legislation of the Republic of Kazakhstan;

2) non-implementation of the activities within twelve consecutive calendar months from the date of inclusion into the Register of entrepreneurs in the sphere of waste management.

6. The requirement of paragraph 1 hereof shall not apply to business entities that are waste generators in terms of accumulation and sorting of their own waste at the place of its generation prior to its collection.

Article 338. Types of waste and their classification

1. Waste type shall mean a set of wastes having common characteristics according to their origin, properties and technology of their management.

Types of waste shall be determined based on the waste classifier approved by the authorised body in the field of environmental protection (hereinafter referred to as the waste classifier).

2. The waste classifier shall be developed factoring in the origin and composition of each type of waste and, where necessary, shall determine limiting indicators of concentration of hazardous substances in order to classify them as hazardous or non-hazardous ones.

3. Each type of waste in the waste classifier shall be identified by assigning a six-digit code.

4. Waste types shall be classified as hazardous or non-hazardous in accordance with the waste classifier with due regard for the requirements of this Code.

Certain types of waste in the waste classifier may be defined simultaneously as hazardous and non-hazardous ones with assignment of different codes ("mirror" types of waste) depending on levels of concentration of hazardous substances contained therein or the degree of impact of hazardous characteristics of a type of waste on life and/or health of people and the environment.

5. Classification of waste as hazardous or non-hazardous and to a specific waste classifier code in accordance with this article shall be made by the waste owner himself.

6. Inclusion of a substance or material in the waste classifier shall not be a determining factor in categorizing such substance or material as waste. A substance or material included in the waste classifier shall be recognised as waste if it meets the definition of waste in accordance with the requirements of Article 317 of this Code.

Article 339. Ownership and responsibility for waste management

1. Waste shall be an object of proprietary rights. Public relations, associated with occurrence, change and termination of proprietary rights to wastes, shall be regulated by the civil legislation of the Republic of Kazakhstan in view of the specifics, stipulated by this Code.

2. Waste generators shall be the owners of the wastes produced by them.

3. In compliance with the “polluter pays” principle, the waste generator, the current and former owners of wastes shall be responsible for ensuring compliance with the environmental requirements for waste management until such wastes are transferred to the possession of the person, carrying out operations on recovery or disposal of wastes under a license in accordance with Article 336 of this Code, except for cases, stipulated by this Code.

Municipal waste generators shall be responsible for ensuring compliance with environmental waste management requirements from the time they generate waste until it is transferred to waste collectors, recoverers or disposers.

Persons carrying out waste collection operations shall be responsible for ensuring compliance with environmental requirements for waste management from the moment they take possession of waste until the moment of transfer of such waste to a person carrying out waste recovery or disposal operations under a licence in accordance with Article 336 of this Code, except for cases stipulated by this Code.

4. Waste owners shall carry out safe waste management themselves or ensure safe waste management by transferring waste to business entities carrying out waste management operations in obedience to the principle of hierarchy and the requirements of Article 327 of this Code.

5. The state shall be the owner of wastes that are generated at state-owned facilities or by a court decision are recognised as having come into state ownership, as well as in other cases stipulated by legislative acts of the Republic of Kazakhstan.

6. If waste is left by its owner on a land plot owned or used by another person in order to give up ownership of it, the person owning or using such land plot shall be entitled to transfer ownership of such waste by starting to use it or by performing other actions indicating that he/she received ownership of it and also to claim in court compensation for losses incurred due to the waste left by its former owner.

7. Transfer of waste to business entities engaged in waste collection, recovery or disposal operations shall mean simultaneous transfer of ownership of the waste to such entities, including when the waste is placed in containers placed in container sites or in designated waste collection sites, unless otherwise agreed by the parties.

8. If the owner of the land plot or the land user on whose land plots the wastes are located changes, the issue of ownership of the wastes shall be resolved in accordance with the legislation of the Republic of Kazakhstan.

9. Upon privatisation of state-owned facilities, ownership of waste, as well as the obligation to safely manage, reclaim and rehabilitate land, shall be transferred to the new owner, unless otherwise provided for in the conditions of privatisation of these facilities in accordance with the Republic of Kazakhstan Law “On State Property”.

Article 340. Management of ownerless waste

1. Waste which has no owner or the owner of which cannot be established shall be recognised as ownerless by a court decision and shall be transferred to the possession of a person on the person's application.

2. Owners of land plots or land users upon identification of ownerless waste on their land plots shall have the right to turn this waste into their ownership by starting to use it or by performing other actions indicating that the waste is turned into their ownership.

3. Local executive body of the region (the city of republican significance, the capital) shall be responsible for identification of ownerless waste on its territory and shall notify the authorised body in environmental protection and apply to the court with a claim for recognition of such waste as national or municipal property within six months after receipt of notification about presence of such waste.

In case of discovery of ownerless waste, the environmental authority shall also apply to the court with a claim to recognize such waste as received into the republican or communal property.

4. Ownerless hazardous waste shall be transferred to republican or communal ownership by court decision.

5. The procedure for management of ownerless hazardous waste shall be approved by the authorised body in the field of environmental protection. Management of such wastes shall be carried out by a subordinated organization of the authorized body in the field of environmental protection or by local executive bodies.

6. A local executive authority shall manage ownerless waste recognised as coming into state ownership by a court decision in compliance with the rules of management of ownerless waste approved by the authorised body in the field of environmental protection.

Article 341. Incentives to reduce waste generation and increase the recovery rate of waste generated

Local executive authorities shall identify and implement measures to stimulate the reduction of waste generation, increase the recovery rate of waste generated, reduce its hazard level, economic activities of business entities that introduce technologies aimed at reducing waste generation, plan for the recovery of waste generated during the production of products (works, services), collect and procure such waste, construct appropriate facilities.

Chapter 24. HAZARDOUS WASTE Article 342. General provisions on hazardous waste

1. Hazardous waste shall be defined as waste having one or more of the following properties:

HP1 explosiveness;

HP2 oxidising properties;

HP3 flammability;

HP4 irritants;

HP5 specific systemic toxicity (aspiration toxicity to the target organ);

HP6 acute toxicity;

HP7 carcinogenicity;

HP8 corrosive properties;

HP9 infectious properties;

HP10 toxicity to procreation;

HP11 mutagenicity;

HP12 formation of toxic gases in contact with water, air or acid;

HP13 sensitisation;

HP14 ecotoxicity;

HP15 ability to exhibit the hazardous properties listed above, which are derived indirectly from the original waste;

C16 persistent organic pollutants (POPs).

Waste which does not possess any of the properties listed in part one of this paragraph and does not pose an immediate or potential hazard to the environment, human life and (or) health on its own or in contact with other substances shall be recognised as non-hazardous waste.

2. Wastes shall not be mixed or diluted to reduce the initial concentration of hazardous substances below the threshold defined for the purpose of categorising the waste as hazardous.

3. Generation and accumulation of hazardous wastes shall be minimised.

Article 343. Hazardous waste passport

1. Hazardous waste passport shall be prepared and approved by natural and legal persons whose activities generate hazardous waste.

2. The hazardous waste passport shall include the following mandatory sections:

1) name of hazardous waste and its code pursuant to the waste classifier;

2) waste generator details: individual identification number for a natural person and business identification number for a legal person and its location;

3) location of hazardous waste generating facility;

4) origin of waste: name of technological process, which resulted in waste generation or a process, which resulted in loss of consumer properties of goods (products) with name of original goods (products);

5) a list of the hazardous properties of the waste;

6) chemical composition of the waste and description of hazardous properties of its components;

7) recommended methods of waste management;

8) required precautions for waste management;

9) waste transportation and handling requirements;

10) prevention and elimination of natural and industrial emergencies and their consequences associated with hazardous waste, including during transportation and handling;

11) additional information (other information to be communicated by the waste generator).

3. The form of the hazardous waste passport shall be approved by the authorised body in the field of environmental protection, completed separately for each type of hazardous waste and submitted in the order determined by Article 384 of thisCode, within three months from the moment of waste generation.

4. The passport of hazardous wastes shall be an open-ended document.

5. In case of changes of hazardous waste properties caused by changes of technological regulations of the process causing such change of waste properties, or if more detailed and specific additional information becomes available, the hazardous waste passport shall be subject to revision.

6. The updated hazardous waste passport shall be sent to the competent authority for environmental protection within three months.

7. The waste generator shall submit copies of passports of hazardous wastes to a natural or legal person, transporting a batch of such wastes or its part, as well as to each consignee of such batch (part of the batch) of hazardous wastes.

8. When processing the received batch of hazardous waste, including its mixing with other materials, the generator of such waste shall draw up a new passport of hazardous waste and submit it to the authorized body in the field of environmental protection.

9. Chemical and component composition of the hazardous waste shall be confirmed by test reports of samples of this waste performed by an accredited laboratory. Information on the component composition of the original goods (products) in accordance with technical specifications shall be indicated for the hazardous waste presented by goods (products) that have lost their consumer properties.

Article 344. Environmental requirements in hazardous waste management

1. Hazardous waste mixing may only be carried out by undertakings holding an appropriate environmental permit, subject to the requirements of Article 327 of this Code.

Mixing shall be carried out to minimise the negative impact on human life and/or health and the environment when recovering or disposing of hazardous waste in compliance with the technological regulations and/or best available techniques.

2. Disposal of hazardous wastes shall be permitted in specially equipped places with an environmental permit, and in case of disposal of hazardous wastes in the subsoil, including non-watered underground mine workings of mines, mines and transport gradients - also with the approval of the authorized body in the field of subsoil use.

Other activities not related to hazardous waste management shall be prohibited in the area designated for accumulation or disposal.

3 The hazardous waste disposal site shall be marked on the ground with clearly visible identification signs indicating the type of waste, its hazard grade and date of disposal.

4. A business entity carrying out entrepreneurial activities to collect, transport, recover and (or) dispose of hazardous waste shall develop a plan of actions in case of emergency and emergency situations that may arise in the course of hazardous waste management.

Article 345. Environmental requirements for the transport of hazardous waste

1. The transport of hazardous waste shall be kept to a minimum.

2. Hazardous wastes shall be transported under the following conditions:

1) availability of appropriate packaging and labelling of hazardous waste for the purposes of transport;

2) availability of specially equipped and labelled vehicles;

3) availability of hazardous waste passport and documentation for hazardous waste transportation and transfer stating the quantity of transported hazardous waste, purpose and destination of its transportation;

4) compliance with safety requirements for transporting hazardous waste and for loading and unloading operations.

3. Hazardous waste packaging and labelling procedure for transportation purposes shall be established by the legislation of the Republic of Kazakhstan on transport.

4. The procedure for transportation of hazardous waste in vehicles, requirements for loading and unloading operations and other requirements to ensure environmental and sanitary and epidemiological safety shall be determined by norms and rules approved by the authorised state transport and communications authority and agreed with the authorised authority for environmental protection and the public authority for the sanitary and epidemiological welfare of the population.

5. From the moment the hazardous waste is loaded onto a vehicle, accepted by the person or entity transporting the hazardous waste, until it is unloaded at the designated place from the vehicle, the responsibility for the safe handling of such waste shall lie with the transport operator or the person who owns the vehicle.

Article 346: Transboundary movement of hazardous wastes

1. For the purposes hereof, hazardous wastes shall be groups of wastes recognised as hazardous under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (hereinafter the Basel Convention) and (or) other international treaties ratified by the Republic of Kazakhstan.

2. Import into, export from and transit of hazardous and other wastes through the territory of the Republic of Kazakhstan shall comply with the requirements of the Basel Convention, other international treaties ratified by the Republic of Kazakhstan and the laws of the Republic of Kazakhstan in the manner determined by the Government of the Republic of Kazakhstan.

3. Transboundary transportation of hazardous wastes through the territory of the Republic of Kazakhstan shall be carried out based on conclusion of the authorized body in the field of environmental protection. The conclusion shall be issued in the order and form approved by the authorized body in the field of environmental protection.

4. It shall be prohibited to export hazardous waste from the territory of the Republic of Kazakhstan to the Basel Convention member states and developing countries that have banned the import of hazardous waste under national legislation, as well as if there is reason to believe that such waste will not be used in an environmentally sound manner. In addition, export of hazardous waste for disposal to countries to the south of 60 degrees south latitude shall be prohibited.

5. In transboundary movements of hazardous wastes, the owners of such wastes shall provide the States concerned with information on the intended transboundary movement of hazardous wastes, indicating the possible effects of such movement on the environment, human life and/or health.

6. During transboundary movement, hazardous waste shall be packaged, labelled and transported in accordance with generally accepted international rules and regulations in the field of packaging, labelling and transportation.

7. Import into the territory of the Republic of Kazakhstan from states that are not members of the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these states for the purpose of their further recovery shall be carried out under a licence issued by a state body determined by the Government of the Republic of Kazakhstan.

8. Import to and export from the territory of the Republic of Kazakhstan of hazardous wastes by individuals for personal use (for non-commercial purposes) shall be prohibited.

9. It shall be prohibited to import hazardous waste into the territory of the Republic of Kazakhstan for the purpose of its burial and neutralisation.

10. Import of disposable products into the territory of the Republic of Kazakhstan may be limited or completely prohibited by the decision of the authorised body in the field of environmental protection, if it leads to generation of waste, management of which is associated with high environmental risk or economically unreasonable.

11. It shall be prohibited to import into the territory of the Republic of Kazakhstan products, the use of which generates hazardous wastes, for the neutralisation and recovery of which the operating facilities in the Republic of Kazakhstan do not have sufficient capacity to carry out such operations.

12. Production and import to the territory of the Republic of Kazakhstan of products, as a result of the use of which hazardous wastes containing persistent organic pollutants, established by the international treaties of the Republic of Kazakhstan on persistent organic pollutants shall be prohibited.

Article 347. Accounting for hazardous waste

1. Persons carrying out hazardous waste recovery or disposal operations, generators of hazardous waste, business entities engaged in the collection, transportation and/or neutralisation of hazardous waste shall keep chronological records of the quantity, type, origin of waste, destination, collection frequency, transportation method and treatment method provided for hazardous waste, and submit this information to the authorised environmental authority in accordance with paragraph.

2. Hazardous waste records shall be kept for at least five years, except for such records of undertakings engaged in hazardous waste transport activities, which shall be kept for at least twelve months.

3. Persons referred to in paragraph 1 hereof shall submit a hazardous waste inventory report annually as of 1 January by 1 March of the year following the reporting year in electronic form.

4. Documentary confirmation of completion of the hazardous waste management operation shall be submitted by the persons specified in Paragraph 1 hereof, upon request of the authorised body in the field of environmental protection or the former owner of the waste.

5. The primary statistical data in the field of waste management shall be formed by the subordinated organization of the authorised body in the field of environment protection according to the data of the state cadastre of wastes on the basis of the reporting submitted by persons, carrying out waste management, in the order determined by article 384 of this Code, and shall be sent to the authorised body on statistics according to the legislation of the Republic of Kazakhstan on the state statistics.

Chapter 25. WASTE LANDFILL SITES Article 348. General provisions on waste landfill sites

A waste landfill site (hereinafter referred to as a landfill) shall be a specially equipped place for permanent disposal of waste without the intention to remove it, which complies with environmental, construction and sanitary and epidemiological requirements.

Article 349. Classes of landfill sites

1. Each landfill must be assigned to one of the following classes:

Class 1 - hazardous waste landfill;

Class 2 - landfill for non-hazardous waste;

Class 3 - landfill of solid domestic waste.

2. Lists of waste types to be disposed at landfills of different classes shall be determined by the authorised body in the field of environmental protection.

3. It shall be prohibited to dispose of hazardous waste at non-hazardous waste landfills.

Article 350. Environmental requirements for landfill sites

1. It shall be prohibited to bury waste within residential areas, in forest park, resort, health resort, recreational and water protection zones, in the catchment areas of underground water bodies used for drinking and household drinking water supply, as well as in areas classified as objects of historical and cultural heritage.

2. It shall be prohibited to dispose of waste in mineral deposits and mining operations where there is a risk of contamination of mineral deposits and the safety of mining operations.

3. Only non-hazardous wastes can be landfilled without pre-treatment.

4. Hazardous wastes shall be subjected to decontamination, stabilisation and other treatment to reduce or eliminate the hazardous properties of such wastes before they are disposed of.

5. It is forbidden to dispose of municipal solid waste without first sorting it.

6. The criteria for accepting waste for disposal in a landfill of a certain class shall include the following requirements:

1) protection of the environment (especially ground and surface waters) and human health;

2) provision of methods of waste stabilization within the limits of landfill;

3) ensuring the quality composition of the accepted waste;

4) limitation on quantity of accepted waste and availability of its organic components for biodegradation;

5) limitation on the amount of potentially hazardous components in accordance with the protection criterion;

6) reducing the ecotoxic properties of the waste and the leachate produced.

7. It shall be prohibited to store waste outside of designated storage or disposal areas.

8. Each landfill shall be equipped with a system for monitoring leachate and wastewater generated in the deposited wastes to prevent their negative impact on the environment.

Solid waste landfills shall also be equipped with an emission monitoring system (landfill gas).

9. Solid domestic waste landfills shall be equipped with leachate and landfill gas collection and disposal systems. Requirements for design, construction and operation of leachate and landfill gas collection and disposal systems shall be established by the public regulations on architecture, urban planning and construction, national standards included in the list approved by the authorized body in the field of environmental protection.

10. Newly built solid domestic waste landfills shall be equipped with an impervious blanket. Requirements for the design and construction of impervious blankets shall be established by the public regulations in the field of architecture, urban planning and construction and shall be binding for legal entities and individual entrepreneurs regardless of the organizational and legal form.

11. The quantity and hazardous properties of waste destined for landfill shall be reduced before it enters the landfill.

12. The landfill operator shall take measures to reduce methane emissions from the landfill by reducing the disposal of biodegradable waste and installing landfill gas collection and disposal systems.

Biodegradable waste shall be defined as waste that can undergo anaerobic or aerobic decomposition, including garden and park waste and food waste comparable to food industry waste, waste paper.

13. The landfill operator shall develop a uniform waste acceptance procedure based on waste classification.

14. Organization of work at the landfill shall be determined by the technological scheme of the landfill operation, developed as part of the landfill construction project, and shall ensure environmental protection, maximum productivity of mechanization means and safety measures.

15. The main planning document shall be the schedule of landfill operation, agreed with the authorized body in the field of environmental protection.

16. The landfill design shall provide for establishment of a liquidation fund for its closure, land recultivation, environmental impact monitoring and pollution control after the landfill closure.

The liquidation fund shall be formed by the landfill operator according to the procedure established by the regulations approved by the authorised environmental authority.

It shall be prohibited to operate the landfill without a liquidation fund.

17. Control over observance of the requirements to waste disposal at landfills and maintenance of landfills shall be carried out by the authorized body in the field of environmental protection.

Article 351. Waste not acceptable for landfills

1. It shall be prohibited to accept the following wastes for disposal in landfills:

1) any waste in liquid form (liquid waste);

2) hazardous waste which is explosive, corrosive, oxidising, highly flammable or flammable under landfill conditions;

3) wastes which are reactive with water;

4) medical wastes;

5) biological wastes determined in accordance with the legislation of the Republic of Kazakhstan in the field of veterinary medicine;

6) whole used tyres and their fragments, except for their use as stabilising material in reclamation

7) waste containing persistent organic pollutants;

8) pesticides;

9) waste that does not meet the criteria for acceptance;

10) plastic, plastic and polyethylene waste, polyethylene terephthalate packaging;

11) waste paper, cardboard and paper waste;

12) mercury-containing lamps and appliances;

13) glass container;

14) glass scrap;

15) non-ferrous and ferrous metal scrap;

16) lithium, lead-acid batteries;

17) electronic and electrical equipment;

18) vehicles which have been withdrawn from use;

19) construction waste;

20) food waste.

2. Mixing of waste for the purpose of meeting acceptance criteria shall be prohibited.

3. Municipal solid waste landfills shall be subject to compulsory sorting of wastes according to the types specified in sub-paragraphs 6), 10), 11), 12), 13), 14), 15), 16) and 17) of paragraph 1 hereof. Sorting of solid domestic waste shall be carried out in accordance with the national standards included in the list, approved by the authorized body in environmental protection.

Operation of the landfill of solid domestic wastes, where the requirement stipulated by part one of this paragraph is not ensured, shall be prohibited.

4. Local authorities shall organise measures to encourage the reduction of biodegradable waste disposal, including measures to recycle it, in particular through composting and disposal, including for biogas and/or energy production.

The composting of biodegradable waste shall comply with environmental, sanitary and hygienic requirements.

Article 352. Industrial solid and sludge waste, the disposal of which is prohibited in landfills designed for the disposal of municipal solid waste

The following industrial solid and sludge waste shall not be disposed of in landfills designated for the disposal of municipal solid waste:

1) waste from the chemical industry for the production of chlorine:

graphite sludge from the production of synthetic rubber, chlorine, caustic soda containing mercury and its compounds;

methanol, wastes of plexiglass production containing methanol;

sludge from the production of salts of monochloroacetic acid containing hexachlorane, methanol, trichlorobenzene;

paper bags used to transport DDT, urotropine, zyneb, copper trichlorophenolate, tiuram-D;

copper trichlorophenolate production sludge containing trichlorophenol;

spent catalysts from plastics production containing benzene and dichloroethane;

coagulum and omega polymers containing chloroprene;

wastes from trichlorobenzene, fertilizer production, containing hexachlorane, trichlorobenzene;

2) waste from the chemical industry producing chromium compounds:

sodium monochromate and sodium chloride production sludge, potassium bichromate production waste containing hexavalent chromium;

3) zinc waste from soda production industry containing zinc;

4) wastes of man-made fibre production:

sludge containing dimethyl terephthalate, terephthalic acid, zinc, copper;

waste from caprolactam filtration containing caprolactam;

methanol plant waste containing methanol;

5) waste from the paint industry:

films of varnishes and enamels, equipment cleaning wastes containing zinc, chromium, solvents, oxidising oils;

sludge containing zinc and magnesium;

6) waste from the chemical and photographic industry:

hyposulphite and anhydrous sulphite production waste containing phenol;

waste magnetic varnish, collodion, paints containing butyl acetate, toluene, dichloroethane, methanol;

7) plastic production wastes containing phenol;

8) wastes of nitrogen industry:

sludge (resins) from coke gas purification unit and waste oils from synthesis and compression shop containing carcinogenic substances;

residue from the distillation of monoethanolamine containing monoethanolamine;

9) wastes of the refining and petrochemical industry:

aluminosilicate adsorbent from purification of oils, paraffin containing chromium and cobalt;

sulphuric acid tars containing more than thirty per cent sulphuric acid;

fusses and fusosmol residues of coke production and semi-coke gasification containing phenol;

waste catalysts containing chromium;

waste clay containing oils;

filtration residues from alkylphenolic additive plants containing zinc;

10) engineering wastes:

chromium-containing sewage sludge containing chromium;

cyanide-containing sewage sludge containing cyanide;

organic-binder core blends containing chromium;

sludge from vacuum filters, galvanic neutralisation stations containing zinc, chromium, nickel, cadmium, lead, copper, chlorophos, thiokol;

11) waste from the pharmaceutical industry:

syntomycin production waste containing bromine, dichloroethane, methanol;

12) enrichment waste and sludge containing heavy metal salts.

Article 353. General requirements for hazardous waste landfills

1. The location of a landfill intended for hazardous waste disposal shall comply with the requirements concerning:

1) the distance from the boundary of the hazardous waste landfill to residential and recreational areas, water bodies, agricultural land and settlements;

2) presence of underground, surface waters and their water protection zones and belts or specially protected natural areas;

3) geological and hydrogeological conditions;

4) risk of floods, depressions, landslides or avalanches at the site;

5) protection of objects of the state natural reserve fund.

2. Depending on the characteristics of the hazardous waste landfill and meteorological conditions, provision must be made for:

1) control of sudden inflow of water into the landfill body;

2) prevention of surface and (or) groundwater inflow to the waste disposal site;

3) collection and treatment of contaminated water and leachate to the permissible discharge standards established for waste water.

3. Collection, treatment and use of landfill gas must be carried out in a way that minimises damage or degradation of the environment and risks to human health.

4. The landfill operator shall take measures to minimise:

1) the spread of odours and dust;

2) wind-borne materials, compounds and aerosols;

3) noise and traffic;

4) birds, vermin and insects;

5) fires.

5. The hazardous waste landfill must be designed so that contamination from the site is not carried out onto public roads and the surrounding area.

6. The landfill must be protected from unauthorised access by unauthorised persons. The control and access system for each technical facility must contain a programme of measures to detect and discourage unlawful use of such facilities.

7. A hazardous waste landfill shall be managed by natural or legal persons that have the technical means to operate the landfill and provide professional technical training and development to the employees of the landfill.

8. The level of permissible impacts shall be determined in the environmental permit for waste disposal factoring in the specific hydrogeological conditions at the landfill site based on the landfill design.

9. The landfill shall be assigned an individual registration number included in the state waste cadastre of the Republic of Kazakhstan. The landfill operator shall develop a document management system designed to keep records of wastes received at the landfill.

Article 354. Waste acceptance procedures

1. Waste owners delivering waste to the landfill shall provide the landfill operator with reliable information on their qualitative and quantitative characteristics confirming the assignment of waste to a certain type, and in case of hazardous waste - additionally with a copy of the hazardous waste passport.

2 The landfill operators shall be entitled to accept to the landfill for disposal only those types of waste which are permitted for disposal at the given landfill and the right for disposal of which is confirmed by the environmental permit.

3. When accepting waste the landfill operator shall perform:

1) checking of waste documentation, including a hazardous waste passport;

2) visual inspection of waste upon its receipt;

3) reconciliation of received waste with the description in the documentation provided by the waste owner;

4) keeping the record of quantity and characteristics of the waste to be disposed with specification of its origin, date of delivery, identification of waste generator or, in case of municipal solid waste, the person collecting the waste, and in case of hazardous waste - exact location of the waste in the landfill;

5) dosimetric monitoring of each waste batch received at the landfill to exclude the release of radioactive substances to the landfill.

4. The landfill operator shall be required to provide written confirmation of receipt of each waste lot received at the site at all times and to maintain this documentation for a period of five years from the date the waste is received at the landfill.

5. Weighing equipment shall be installed at the reception facilities to determine the weight of incoming waste.

Article 355. Control and monitoring during the operational phase of the landfill

1. Every year the landfill operator shall submit a report on the environmental impact monitoring to the authorised body in the field of environmental protection.

2. The landfill operator shall notify the authorised body for environmental protection on the negative environmental impact identified as a result of control and monitoring, and agree with the authorised body for environmental protection the nature and timing of the corrective measures to be taken.

3. Control, monitoring and (or) analyses shall be carried out by accredited laboratories.

4. Leachate and surface water shall be sampled at representative points. The sampling and measurement of leachate volume and composition shall be performed separately at each point of the site where leachate is generated.

5. Gas monitoring shall be carried out for each section of the solid waste landfill in accordance with the methodology approved by the authorised environmental authority.

6. The frequency of sampling and analysis shall be justified in the monitoring programme attached to the environmental impact permit.

7. The parameters to be measured and substances to be analysed shall be adjusted depending on the composition of the disposed waste.

8. The parameters to be analysed from groundwater samples shall be conditioned by the expected leachate composition and groundwater quality of the location. The rate and direction of groundwater flow shall be determined in the process of selecting parameters for analytical accounting. The parameters may include indicative indicators to ensure early detection of changes in water quality.

Article 356. Procedures for closure, reclamation and monitoring of a landfill (part of a landfill)

1. A landfill (part of a landfill) may only be closed after obtaining an environmental permit.

2. A landfill (part of a landfill) may be considered as closed only after officials of the authorized body in the field of environmental protection and the state sanitary and epidemiological service body carry out a final inspection in the field, evaluate all information provided by the landfill operator and inform it about approval of closing the landfill (part of a landfill). In doing so, the landfill operator shall not be exempt from the conditions of the environmental permit.

3. After closure of a landfill (part of a landfill), the landfill operator shall recultivate the area and monitor landfill gas and leachate emissions for thirty years for class 1 landfills, twenty years for class 2 landfills, and five years for class 3 landfills. Funds for reclamation of disturbed land and subsequent monitoring shall come from the landfill liquidation fund.

4. Landfill reclamation shall include measures for waste stabilization in the landfill body, erosion control and landscaping of the landfill slopes considering natural and climatic conditions of the landfill location area. Requirements for landfill reclamation shall be established by public regulations in the field of architecture, urban planning, and construction.

5. After the landfill operator has performed the landfill (part of the landfill) reclamation in accordance with the design conditions and the performed works are accepted by the acceptance commission act with the participation of the authorised body in the field of environmental protection, the landfill operator shall stop performing environmental monitoring.

Chapter 26. FEATURES OF MINING WASTE MANAGEMENT Article 357. Concept of mining waste

1. Mining wastes in this Code shall be defined as wastes generated during the exploration, extraction, processing and storage of solid minerals, including overburden, host rock, dust, poor (substandard) ore, sludge from mechanical treatment of pit and mine water, tailings and concentration sludge.

For the purposes of this Code, the processing of solid minerals shall include mechanical, physical, biological, thermal or chemical processes, or combinations thereof, applied to solid minerals in order to extract useful components from them, including by resizing (crushing, grinding), classifying (sorting), separating and leaching, enriching, and re-treating previously disposed mining waste, but shall not include smelting, thermal processing.

2. Waste from energy industries (ash and ash slag) shall not be recognised as mining waste for the purposes of this Code.

3. The provisions of Chapters 23 and 24 of this Code shall apply to mining waste management relations to the extent not inconsistent with the provisions of this Chapter. The requirements of Chapter 25 of this Code shall not apply to facilities for the long-term or permanent storage of mining waste.

4. The requirements of this chapter shall not apply to wastes generated in the exploration, extraction, processing and storage of solid minerals which are not the direct result of such operations.

Article 358. Management of mining waste

1. Mining waste shall be managed in obedience to the principle of hierarchy established by Article 329 of this Code.

2. The storage of mining waste must be carried out in designated areas defined by a project document developed in compliance with the legislation of the Republic of Kazakhstan and compliant with the conditions of the environmental permit.

3. It shall be prohibited to store mining waste outside designated areas.

4. Mixing or co-disposal of mining waste with other types of waste that are not mining waste or mixing or co-disposal of different types of mining waste, shall be prohibited, unless expressly provided for in the terms of an environmental permit.

5. Mining waste generated from the treatment of previously stockpiled mining waste shall not have a hazard level higher than that of the original waste.

6. Disposal of mining wastes shall be carried out in accordance with the approved design documentation considering provisions of this Code, industrial safety requirements and sanitary and epidemiological norms.

Article 359. Requirements for the design, construction and operation of waste storage facilities

1. A waste storage facility shall be a specially designated place designed for storage and long-term storage of mining waste in solid or liquid form or in the form of a solution or slurry for a period exceeding twelve months.

Stockpiling and long-term storage of mining waste for the purposes of application of the fee for negative environmental impact shall be equated to disposal of waste.

2. When designing, constructing (reconstructing), operating and managing a waste disposal facility, the following requirements shall be observed:

1) the requirements of this Code, as well as geological, hydrological, hydrogeological, seismic and geotechnical conditions shall be taken into account when selecting the location of a waste storage facility;

2) in a short-term and long-term perspective:

ensuring prevention of soil, atmospheric air, ground and (or) surface water pollution, effective collection of polluted water and leachate;

ensuring the reduction of erosion caused by water or wind;

ensuring the physical stability of the waste storage site;

3) ensuring minimal damage to the landscape;

4) take steps to close the waste storage site and remediate the topsoil;

5) plans and arrangements shall be in place for regular monitoring and inspection of the waste storage facility by qualified personnel, and for taking action in the event that instability in the operation of the waste storage facility or contamination of water or soil is detected;

6) arrangements shall be made for the period of environmental monitoring following closure of the waste storage site.

Information and documents relating to the monitoring referred to in sub-paragraph 6) of this paragraph shall be kept together with the authorisation documents.

3. The operator of a waste storage facility shall submit an annual report on monitoring of environmental impact to the authorised body in the field of environmental protection.

4. Within forty-eight hours, the operator of a waste storage facility shall notify the competent environmental authority of any circumstances which may affect the physical or chemical stability of the waste storage facility and any significant adverse effects on the environment identified in the monitoring process, and shall take appropriate corrective action in consultation with the competent environmental authority.

The obligations under this paragraph shall apply for the monitoring period after the closure of the waste storage site.

5. The deposit of mining wastes into open-pit or underground mine workings for the purposes of construction, closure of a waste storage facility and rehabilitation of disturbed lands shall be subject to the following requirements:

1) ensuring physical stability of the waste storage facility;

2) prevention of soil, surface and underground water pollution in accordance with the requirements of this Code;

3) monitoring in accordance with the requirements of this chapter.

Article 360. Mining waste management programme

1. The operator of the waste storage facility shall be required to establish a mining waste management programme to minimise waste generation, recovery and disposal.

2. The mining waste management programme shall be developed with consideration to the use of Best Available Techniques in accordance with the Best Available Techniques Information and Technical Guides developed and approved in accordance with this Code.

3. The objectives of the mining waste management programme shall be:

1) preventing or reducing the generation of waste and its hazards;

2) encouraging the recovery of mining waste through recycling, reuse where this is in line with environmental requirements;

3) ensuring safe waste management in the short and long term, in particular by selecting an appropriate design option that:

assumes minimal or no need for monitoring, control and management of the closed waste storage site;

aims at preventing or reducing the long-term adverse effects of waste disposal;

ensures the long-term geotechnical stability of dykes and waste dumps projecting above the ground surface.

4. The mining waste management programme shall be an integral part of the environmental permit and be subject to revision every five years in case of significant changes in the operating conditions of the waste disposal facility and/or the type, nature of the waste deposited. The changes shall be subject to approval by the authorised environmental authority.

5. The mining waste management programme shall be developed in compliance with the principle of hierarchy and shall include information on the volume and composition of waste generated and/or received from third parties, the methods of its accumulation, collection, transportation, neutralisation, recovery and disposal, as well as a description of proposed measures to reduce waste generation, increase the share of recycling and utilisation.

Article 361. Prevention of degradation of water, air, and soil pollution

1. When managing mining waste, it shall be mandatory to comply with the environmental requirements established by this Code to prevent water pollution by:

1) assessing the potential for leachate generation, including pollutants contained in leachate, of stockpiled waste during operation and after closure of the waste storage facility, determining the water balance of the waste storage facility;

2) prevention or minimisation of leachate generation and pollution of surface or ground water and soil;

3) collection and treatment of contaminated water and leachate to the level required for their discharge.

2. The operator of a waste storage facility shall take measures to prevent or reduce dust and gas emissions.

3. When disposing of mining waste back into open-pit or underground mine workings that are prone to flooding, the operator of the waste storage facility shall take the necessary measures to prevent or minimise deterioration of water and soil.

4. If cyanide is present in the storage pond, the operator shall ensure that the concentration of cyanide in the liquid waste is reduced to the lowest possible level using the best available techniques.

Article 362. Prevention of major environmental accidents

1. Before commencing mining waste storage activities, the operator of the waste storage facility shall develop a programme to prevent major environmental incidents in the management of mining waste, as well as an internal plan to respond to such incidents pursuant to the regulations approved by the competent environmental authority in cooperation with the competent authority in the field of industrial safety.

2. To implement and monitor such a programme, the operator of the waste storage facility shall appoint a responsible person.

3. The authorised body in the field of environmental protection shall develop an external major environmental incidents response plan, stipulating activities to be carried out outside the site where such incidents occur. The operator of a waste storage facility shall provide to the authorised environmental protection body information required for the development of an external major environmental incident response plan.

4. In the event of a major environmental incident, the operator of the waste storage facility shall immediately notify the competent body for environmental protection and provide all necessary information and assistance to minimise the consequences of such an incident for human life and/or health and to assess the extent of actual or potential environmental damage.

Article 363. Closure of a waste storage facility and post-closure monitoring

1. Where a mining waste disposal facility or part thereof is closed, the provisions of Article 356 of this Code shall apply factoring in that monitoring obligations for the period following closure of such a facility shall not be limited in time.

2. Financing of measures on closure of a waste storage facility, recultivation of disturbed lands and subsequent monitoring shall be carried out in the manner prescribed by the Code of the Republic of Kazakhstan “On Subsoil and Subsoil Use”.

Article 364. Inventory of mining waste storage sites

1. The authorised body for environmental protection shall organise the maintenance of a register of closed (decommissioned, liquidated) and abandoned (ownerless) mining waste storage facilities that cause significant adverse environmental impacts or pose a threat to life and/or health of the population, as well as to the environment in the short or medium term.

2. The register shall be updated periodically based on data submitted by local executive bodies in accordance with Article 340 of this Code, but at least once a year.

3. The said register shall be made publicly available on the official websites of the person responsible for its maintenance, as well as of the authorised body in the field of environmental protection.

Chapter 27. SPECIAL FEATURES OF THE MUNICIPAL WASTE MANAGEMENT Article 365. Environmental requirements in the field of municipal waste management

1. Municipal wastes shall be understood to mean the following consumer wastes:

1) mixed wastes and separately collected household wastes, including, among others, paper and cardboard, glass, metals, plastic materials, organic waste, wood, textiles, packaging, used electrical and electronic equipment, batteries and accumulators;

2) mixed wastes and separately collected wastes from other sources, if such wastes in their nature and composition are similar to household wastes.

Municipal wastes shall not include the wastes from production, agriculture, forestry, fisheries, septic tanks and sewers, as well as from sewage treatment plants, including sewage sludge, decommissioned vehicles or construction waste.

Consumer wastes shall include the wastes which are formed as a result of human activities, that have fully or partially lost their consumer qualities, products and (or) devices, their package and other substances or their residues, the expiration date or useful lifetime of which has expired, regardless of their state of aggregation, and also from which the owner independently physically got rid of or by documents transferred to the category of consumer waste.

2. An authorized body in the field of environmental protection shall implement state policy in the field of municipal waste management through:

1) approval of the rules for municipal waste management;

2) approval of model rules for calculation of standards for formation and accumulation of municipal wastes;

3) organizing methodological support of local executive bodies on the issues of municipal waste management.

3. Local representative bodies of districts, cities of regional significance, cities of republican significance, the capital, shall implement state policy in the field of municipal waste management through:

1) approval within their competence of the program on municipal waste management;

2) approval of standards for formation and accumulation of municipal wastes;

3) approval of the tariffs for the public for collection, transportation, sorting and disposal of solid domestic waste.

4. Local executive bodies of districts, cities of district and regional significance, cities of republican significance, the capital, shall implement the state policy in the field of municipal waste management through:

1) organizing the development of programs on municipal waste management and ensuring their performance;

2) development and submission of the standards for formation and accumulation of municipal wastes for the approval by relevant local representative bodies;

3) allocation of land plots for construction and (or) placement of municipal waste management facilities, including for the arrangement of container sites and points for the collection of secondary raw materials;

4) ensuring the construction of facilities for disposal and burial of municipal wastes;

5) carrying out control over circulation of municipal wastes in accordance with this Code, rules for municipal waste management, as well as development of measures and economic instruments aimed at reducing the volume of municipal waste formation, increasing the level of their preparation for reuse, processing, disposal and reducing the volume of municipal waste to be disposed of, including through public-private partnerships;

6) approval of the rules for calculation of the standards for formation and accumulation of municipal wastes;

7) development and submission of tariffs for the public for collection, transportation, sorting and burial of solid domestic waste, calculated in accordance with the methodology that is developed and approved by the authorized body in the field of environmental protection, for the approval by relevant local representative bodies;

8) determining the procedure of distribution of the tariff between entities carrying out operations for the collection, transportation, sorting and burial of solid domestic wastes;

9) organizing rational and environmentally safe collection system for municipal waste, providing for their separate collection, including transportation and accumulation until recovery or disposal;

10) ensuring the creation and functioning of necessary infrastructure for business entities that carry out activities for collection, transportation, sorting, recovery and disposal of municipal wastes, including through the public-private partnership;

11) ensuring the achievement of target indicators of the quality of environment in municipal waste management;

12) stimulation of separate collection of organic municipal wastes and their recovery, including through composting;

13) ensuring the access for organizations that carry out activities for collection, transportation, sorting, recovery, including processing and disposal of municipal wastes, to information on registration of the population for the purposes of identification of the number of citizens, registered at the place of residence;

14) informing the population on rational system of collection, utilization and processing of solid domestic wastes, including separate collection;

15) organizing of work on removal of wastes for the owners of energy waste disposal facilities.

5. Local executive bodies of villages, settlements, rural districts shall implement state policy in the field of municipal waste management through:

1) stimulation of separate collection of organic municipal wastes and their recovery including through composting;

2) organizing regular removal of municipal wastes;

3) ensuring the compliance with environmental requirements in municipal waste management;

4) prevention and suppression of unauthorized incineration of municipal waste.

6. Hazardous components of municipal wastes (electronic and electrical equipment, mercury-containing waste, batteries, accumulators and other hazardous components) should be collected separately and transferred for the recovery to the specialized enterprises.

Article 366. Public private partnership in the field of solid domestic waste management

1. Design, construction, creation, reconstruction, modernization and operation of infrastructure and carrying out activities for collection, transportation, sorting, burial of solid domestic wastes, liquidation of natural dumping places (hereinafter referred to as the solid domestic waste management) can be carried out through implementation of projects of public-private partnership in accordance with the legislation of the Republic of Kazakhstan in the field of public-private partnership.

The liquidation of natural dumping places shall be understood to mean the collection, transportation and the transfer of wastes allocated beyond specially designated places intended for their accumulation or disposal, to specialized organizations for sorting, neutralization, processing, utilization or disposal.

2. Application of the funds of disposal payment for implementation of public-private partnership projects on solid domestic waste management shall be used taking into account special provisions stipulated by this article. At the same time, such projects shall apply only for activities for solid domestic waste management that is carried out at the expense of the tariff for the population for collection, transportation, sorting and disposal of solid domestic wastes.

3. The authorized body in the field of environmental protection shall develop and approve the procedure and conditions of implementation of public-private partnership projects on solid domestic waste management, which include:

1) the procedure and conditions of the competitive tender on determining a private partner;

2) model competitive tender documentation of a public-private partnership project and model agreements;

3) the procedure, conditions and limits of reimbursement of private partner's expenses;

4) the procedure for development and approval of the marginal tariff for the population for collection, transportation, sorting and disposal of solid domestic wastes.

4. Local executive bodies of regions, cities of republican significance and the capital, in accordance with subclauses 1) – 3) of clause 3 of this article, shall act as organizers of the competitive tender in relation to local public-private partnership projects, develop and approve competitive tender documentation in coordination with the authorized body in the field of environmental protection.

5. Reimbursement of private partner's expenses under public-private partnership projects on solid domestic waste management shall be carried out at the expenses of funds received from the tariff for the population for collection, transportation, sorting and disposal of solid domestic wastes, and other funding sources, not prohibited by the legislation of the Republic of Kazakhstan.

6. The operator of extended obligations of manufacturers (importers), in accordance with subclause 3) of clause 3 of this article, shall reimburse under a public-private partnership project the difference between the marginal tariff and the current tariff for the population for collection, transportation, sorting and disposal of solid domestic wastes.

7. The size of a marginal tariff for each public-private partnership project for collection, transportation, sorting and disposal of solid domestic wastes shall be developed and approved by the authorized body in the field of environmental protection, and shall reflect actual and investment expenses for the specified operations in the respective city, district.

Article 367. The centralizes system of solid domestic waste collection

1. The solid domestic wastes shall be understood to mean domestic waste in a solid form.

2. The centralizes system of solid domestic waste collection (hereinafter referred to as the centralizes system) – a system organized by local executive bodies within the framework of provision of individuals and legal entities, notwithstanding their forms of ownership and type of activities, residing (located) and (or) carrying out their activities in residential buildings or stand-alone buildings (facilities) and not having on the right of ownership any container yards and containers, as well as those having on the right of ownership container yards and containers located on common-use lands, services for the collection and transportation of solid domestic wastes. Container yards are special yards for accumulation of wastes, on which containers for solid domestic waste collection are placed, with available approach roads for specialized transport that carries out transportation of solid domestic wastes.

3. Individuals, who live in residential buildings, shall be obliged to use the centralized system based on public agreements and to pay the waste transportation services, according to the tariffs approved by the local representative body.

Legal entities and individual entrepreneurs that carry out activities in residential buildings or stand-alone buildings (facilities) when using the centralized system, shall be obliged to conclude an agreement for transportation of solid domestic wastes with business entities in the field of waste management that carry out collection and transportation of solid domestic wastes, determined by local executive bodies in accordance with this Code.

Legal entities and individual entrepreneurs that carry out activities in stand-alone buildings (facilities), when using services of business entities in the field of waste management, not related to the centralized system, shall be obliged to conclude an agreement for transportation of solid domestic wastes with the business entities in the field of waste management that are included into the register of permissions and notifications in accordance with the Law of the Republic of Kazakhstan “On Permissions and Notifications”.

4. The centralizes system shall be arranged by a local executive body through a competitive tender (tender) on determining the participants of solid domestic waste market, carrying out the collection and transportation of solid domestic wastes in accordance with the requirements of this Code and the rules for municipal waste management.

5. Business entities collecting and transporting solid domestic wastes shall be obliged to use only specially equipped transportation means corresponding the rules for municipal waste management and not designated for transportation of other types of wastes, except as otherwise provided by such rules.

6. When independently removing solid domestic waste, legal entities and individual entrepreneurs shall be obliged to comply with the requirements of this Code, as well as conclude agreements with business entities engaged in the processing and (or) disposal of solid domestic waste.

7. Business entities collecting and transporting solid domestic wastes, or a waste owner independently removing solid domestic wastes, shall ensure the delivery of such wastes to business entities that carry out the recovery of solid domestic waste.

8. The removal of waste directly to the landfill for solid domestic waste shall be carried out in the absence of business entities engaged in the recovery of solid domestic waste, or insufficiency of production capacity of such entities in this locality, with the exception of the waste specified in Article 351 of this Code.

Article 368. Requirements to transportation of solid domestic wastes

1. Transportation (including removal) of municipal solid waste should be carried out by vehicles that meet the requirements of this Code.

2. Business entities carrying out activities for the transportation of municipal solid waste are obliged to transfer complete navigation information about the movement of vehicles to the information system "National Data Bank on the state of the environment and natural resources of the Republic of Kazakhstan".

3. The development and maintenance of the relevant subsection of the information system "National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan" for tracking the movement of vehicles carrying out the removal of municipal solid waste, according to satellite navigation systems, shall be organized by the authorized body in the field of environmental protection.

4. Business entities engaged in the transportation of municipal solid waste, when providing the relevant services, should comply with the following requirements:

1) use specially equipped vehicles designed for the transportation of municipal solid waste;

2) equip the vehicles specified in subclause 1) of this clause with satellite navigation systems connected to the information system "National data bank on the state of the environment and natural resources of the Republic of Kazakhstan", and keep these systems constantly in working condition;

3) enter into agreements with solid domestic waste owners according to a model form set forth by the rules for solid domestic waste handling;

4) meet the requirements of the current legislation of the Republic of Kazakhstan.

5. Requirements for the transportation of municipal solid waste, painting, supplying with special distinctive signs and equipment of vehicles, as well as for loading and unloading operations shall be established by the national standards of the Republic of Kazakhstan, included in the list approved by the authorized body in the field of environmental protection.

Chapter 28. SPECIAL FEATURES OF RADIOACTIVE WASTE MANAGEMENT Article 369. Radioactive waste and their classification

1. The radioactive waste includes the following substances in any state of aggregation that are not subject to further use:

1) materials, products, equipment, objects of biological origin, in which the content of radionuclides exceeds the levels set forth by the legislation of the Republic of Kazakhstan;

2) spent nuclear fuel that is not subject to reprocessing;

3) life-expired or damaged radionuclide sources;

4) extracted and stored in disposal areas and tailings rocks, ores and tails from ore dressing and leaching, in which the content of radionuclides exceeds the levels set forth by the legislation of the Republic of Kazakhstan.

2. The basis of classification of radioactive waste is their state of aggregation, origin, level of radioactivity, half-life of radionuclides.

3. By the state of aggregation, radioactive waste is divided into liquid and solid.

Liquid radioactive waste includes solutions of inorganic substances, pulps of filter materials, organic liquids.

Solid radioactive waste includes products, parts of machines and mechanisms, materials, biological objects, exhausted sources of radioactive radiation.

4. Waste shall be classified as radioactive if the specific activity of the radionuclides contained in it is higher than the values regulated by the radiation safety standards for radioactive materials subject to control, and if the radionuclide composition is unknown, the specific activity is higher:

1) one hundred kilobecquerel per kilogram for beta-emitting radionuclides;

2) ten kilobecquerel per kilogram for alpha-emitting radionuclides (excluding transuranium);

3) one kilobecquerel per kilogram – for transuranium radionuclides.

5. According to the sources of formation, radioactive waste shall be classified as follows:

1) orу mining wastes;

2) wastes from research and power nuclear units;

3) nuclear explosion wastes;

4) unused radioactive radiation sources and sources with expired service life.

6. According to the level of radioactivity, solid radioactive waste is classified as follows:

1) low active waste – wastes with specific activity (kilobecquerels per kilogram): less than a thousand - for beta-emitting radionuclides; less than one hundred - for alpha-emitting radionuclides (excluding transuranic ones); less than ten - for transuranium radionuclides;

2) medium active waste – waste with a specific activity (kilobecquerels per kilogram): from a thousand to ten million - for beta-emitting radionuclides; from one hundred to one million - for alpha-emitting radionuclides (excluding transuranic ones); from ten to one hundred thousand - for transuranium radionuclides;

3) high active waste – waste with a specific activity (kilobecquerels per kilogram): more than ten million - for beta-emitting radionuclides; more than one million - for alpha-emitting radionuclides (excluding transuranium); more than one hundred thousand - for transuranium radionuclides.

7. State control and supervision in the field of ensuring radiation safety, including activities related to radioactive waste management, shall be carried out by the authorized body in the field of nuclear energy use.

Article 370. Environmental requirements in the field of radioactive waste management

1. Individuals and legal entities shall be obliged to comply with the rules for the production, storage, transportation, use, disposal and disposal of radioactive materials established by the authorized body in the field of the use of nuclear energy, to prevent violation of the standards for the maximum permissible level of radiation exposure, to take measures to prevent and eliminate radiation pollution of the environment. environments.

2. Activities for the collection, storage, transportation and disposal of radioactive waste shall be carried out in accordance with the legislation of the Republic of Kazakhstan on the use of nuclear energy.

3. In the event of emergency situations during the transportation of radioactive materials, the requirements of the legislation of the Republic of Kazakhstan in the field of the use of nuclear energy, radiation safety of the population and technical regulations should be observed in order to ensure the protection of the health of citizens, their property, the environment.

Article 371. Classification of storage and (or) burial facilities for radioactive waste

1. Storage and (or) burial facilities for radioactive waste include naturally-occurred (natural) or artificial areas, containers or premises used for storage and (or) burial of radioactive waste.

2. Facilities for burial of radioactive waste include facilities, in which such wastes are placed without an intention of their further recovery.

3. Facilities for storage of radioactive waste are subdivided according to the acceptance of radioactive waste:

1) resulted from geological prospecting, mining and processing activities, containing predominantly natural radionuclides;

2) from nuclear power facilities, as a result of nuclear explosions and the production of radioisotope products containing mainly artificial radionuclides.

4. According to the scale of radioactive waste collection area, storage and (or) burial facilities for radioactive waste are divided into local and regional. Local include the facilities intended for disposal of waste from one facility or one area, and regional - two or more facilities and (or) areas.

Article 372. Environmental requirements during the storage and burial of radioactive waste

1. Radioactive waste generated on the territory of the Republic of Kazakhstan should be disposed of in such a way as to ensure radiation protection of the population and the environment for a period of time during which they may pose a potential hazard.

2. Storage and burial of radioactive waste shall be carried out on the basis of licenses issued by the authorized body in the field of nuclear energy use, and these types of activities shall not be subject to environmental regulation and obtaining environmental permits. Standards for radioactive waste shall be set by the authorized body in the field of nuclear energy use.

3. The disposal of radioactive waste should be provided for by the design and engineering documentation as an obligatory stage of any type of activity leading to the formation of radioactive waste. Management of radioactive waste shall be carried out in accordance with the legislation of the Republic of Kazakhstan on the use of nuclear energy, taking into account the environmental requirements provided for by this Code.

4. During the storage and burial of radioactive waste, the operators should:

1) exclude the possibility of spontaneous chain nuclear reactions and provide protection against excessive heat release;

2) ensure effective protection of the public and the environment by applying established methods of protection in accordance with the rules and regulations of radiation safety;

3) keep a record of biological, chemical and other risks that may be associated with the storage of radioactive waste;

4) maintain records relating to the location, design and contents of the disposal facility;

5) exercise control and eliminate the possibility of unauthorized access to radioactive materials and unplanned release of radioactive substances into the environment.

Article 373. Environmental requirements for storage and (or) of radioactive waste burial facilities

1. All projects on creation and organization of operation of storage and (or) burial facilities for radioactive waste shall be subject to sanitary and epidemiological expertise and expertise, conducted in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use. Projecting shall be carried out according to building codes and regulations approved in accordance with the legislation of the Republic of Kazakhstan.

2. The project should include:

1) sources of radioactive waste formation, other sources of radioactive impact on the environment within the predicted range of radioactive waste storage and (or) disposal facilities, their quantitative and qualitative characteristics;

2) organizational structure of storage and (or) burial facilities for radioactive waste, scope and procedure for conducting industrial radiation monitoring;

3) calculations of dose loads on the population, permissible and controlled levels and assessment of the impact of all radiation sources within the radius of the predicted impact of radioactive waste on the environment and the population.

3. The project should justify the choice of a site for the construction of a storage and (or) burial facility from a number of alternative options based on special surveys and economic assessments, taking into account the impact on the environment, including an assessment of dose loads on critical population groups.

4. Engineering surveys, including geodetic, geological, hydrogeological and hydrometeorological, should provide justification:

1) the choice of a site for the construction and placement of a storage and (or) burial facility for radioactive waste and its engineering protection from the adverse effects of natural and man-made factors;

2) activities on environmental protection.

5. The projects on creation and organization of operation of storage and (or) burial facilities for radioactive waste should provide for remediation of disturbed lands after decontamination or other activities.

6. A sanitary protective zone shall be established around the burial facilities for radioactive waste with boundaries defined in accordance with the legislation of the Republic of Kazakhstan on the sanitary and epidemiological well-being of the population.

7. Placement of burial facilities for radioactive waste shall not be allowed:

1) in residential areas;

2) on the area of occurrence of minerals - without the consent of the authorized state body for the study of subsoil;

3) in active karst zones;

4) in areas of landslides, mudflows, snow avalanches and other hazardous geological processes;

5) in wetlands;

6) in feeding areas of underground sources of drinking water;

7) in the zones of sanitary protection of resorts;

8) in green areas of cities;

9) in specially protected natural areas;

10) in the territories of I, II and III belts of zones of sanitary protection of underground and surface sources of domestic and drinking water supply, treatment facilities for water pipelines, main water pipelines;

11) in watershed areas;

12) on lands occupied or intended for occupation by forests, forest parks and other green spaces that perform protective and sanitary and hygienic functions and are places of recreation for the population.

8. When choosing a land plot for the construction of a storage and (or) burial facility for radioactive waste, the following conditions should be met:

1) lack of groundwater suitable for drinking, balneological and technical needs;

2) high sorption-capacitive properties of host rocks;

3) significant depth of groundwater (sixty or more meters);

4) groundwater level not closer than four meters from the bottom of a storage and (or) burial facility for radioactive waste;

5) geological layers that are not aquifers and do not have a hydraulic connection with underlying aquifers;

6) lack of fault tectonics and intense fracturing, the distance to a seismically dangerous fault should be more than forty kilometers;

7) very low sensitivity to faulting, subsidence, downwarpings;

8) absence of erosion;

9) geomorphological stability;

10) the presence of hard and very dense soils and foundation rocks;

11) the presence of impermeable foundation rocks with a thickness of more than ten meters;

12) gentle terrain with slopes of no more than five percent;

13) the distance to the nearest groundwater and groundwater intake or from a surface water source is not closer than four kilometers;

14) the actual use of the land does not have a significant economic effect and the potential use of the land also does not have a recognized value;

15) cultural and nationally significant values are absent at a distance of four kilometers;

16) the area is not of tourist value and is rarely visited by residents of nearby settlements.

9. If one of the conditions specified in clause 8 of this article is not observed, measures should be developed to protect the environment from the harmful effects of a storage and (or) burial facility for radioactive waste or to protect it from the harmful effects of natural and man-made factors by:

1) creation of engineering barriers from low-permeable and sorption-capacitive materials (polyethylene, concrete, ceramics, clay, zeolite);

2) creation of drainage systems that ensure the passage of surface, ground and underground waters bypassing such points.

10. For low-level waste from uranium and non-uranium mining and processing enterprises, previously completed mine workings can be used with the placement of radioactive waste below the aeration zone and among other rocks with higher sorption-capacitive properties (excluding the possibility of migration of radionuclides outside the point).

11. For medium-level waste from uranium and non-uranium mining and processing enterprises, past mine workings can also be used with the additional installation of technical barriers made of clay, zeolite and other radionuclide-sorbing materials.

12. Natural terrain depressions may be used for long-term placement of low-active solid and liquid radioactive waste if there is a natural or artificial bed of impermeable rocks or other material.

13. The burial of liquid radioactive waste is prohibited. Liquid radioactive waste should be dehydrated to the moisture content of loose rocks in the environment or solidified.

14. Provision of security measures and signaling shall be mandatorily made for storage and (or) burial facilities for medium-level radioactive waste, for storage and (or) burial facilities for low-level radioactive waste shall be provided with security measures without alarm.

15. The calculation of dose loads and the development of effective measures for the radiation protection of the population shall be carried out on the basis of the calculation of doses for critical groups of the population. The critical population group shall be determined based on the analysis and identification of the critical path through which radioactive substances reach this population group.

16. The calculation of the spread of radioactive contamination of surface, ground and underground waters shall be carried out on the basis of special hydrological and hydrogeological studies carried out to determine the filtration rate of solutions and pollution, their migration abilities and sorption capabilities of water-bearing rocks.

17. The damage caused to the environment by the impact of accidental radioactive contamination shall be estimated at the cost of the implementation of measures and protective measures for remediation work.

Article 374. Transboundary movement of radioactive waste

1. The import of radioactive waste from other states into the Republic of Kazakhstan for the purposes of storage or burial, except for the Republic of Kazakhstan’s own radioactive waste exported for processing to other states, shall be prohibited. In addition, burial (disposal) of radioactive waste on the earth's surface or in the interior without carrying out measures to prevent the ingress of radioactive substances into the environment shall be prohibited.

2. The import into the Republic of Kazakhstan of radioactive waste, semi-finished products, raw materials, components containing radioactive substances above the withdrawal levels established by radiation safety standards is carried out in accordance with the legislation of the Republic of Kazakhstan in the field of control of specific goods and is subject to state recording of nuclear materials and sources of ionizing radiation in accordance with the legislation of the Republic of Kazakhstan in the field of the use of atomic energy.

3. In case of transboundary movement of radioactive waste, the operator shall be obliged to take measures to ensure movement in compliance with international law. Whereas:

1) the operator shall be obliged to take measures to ensure movement on permission and prior notice, as well as with the consent of the state of destination;

2) transboundary movement through transit states should be subject to the fulfillment of international obligations that relate to the specific modes of transport used;

3) shipping spent nuclear fuel or radioactive waste for storage or burial to a destination south of 60 degrees south latitude shall be prohibited.

Footnote. Article 374 as amended by the Law of the Republic of Kazakhstan dated 28.12.2022 No. 173-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 375. Environmental requirements for the transport of radioactive waste

1. Transportation of radioactive waste shall be carried out in accordance with the rules for the transportation of radioactive substances and radioactive waste, approved by the authorized body in the field of nuclear energy use, and international treaties ratified by the Republic of Kazakhstan.

2. The rules for the transportation of radioactive waste should provide for the rights, duties and responsibilities of the consignor, carrier and consignee, security measures, physical protection, a system of coordinated measures to prevent incidents and accidents, requirements for packaging, labeling and vehicles, measures to localize the consequences of possible accidents.

Chapter 29. SPECIAL FEATURES OF THE MANAGEMENT OF CERTAIN TYPES OF WASTE Article 376. Environmental requirements in the field of construction waste

1. The construction waste shall be understood to mean the waste generated in the process of demolition, dismantling, reconstruction, repair (including capital) or construction of buildings, structures, industrial facilities, roads, engineering and other communications.

2. The construction waste shall be subject to compulsory separation from other types of wastes immediately at the construction site or in a specially designated area.

3. Mixing of construction waste with other types of wastes shall be prohibited except for cases of restoration of construction waste in accordance with the approved designs solutions.

4. Accumulation of construction waste outside specially designated areas shall be prohibited.

Article 377. Environmental requirements in the field of medical waste management

1. Medical waste is the waste generating in the process of provision of medical services and conducting medical manipulations.

2. The procedure for handling with medical waste shall be determined by the authorized body in the field of healthcare.

3. Processing and disposal of medical waste using thermal and (or) chemical processes should be carried out in compliance with the requirements of this Code.

Article 378. Environmental requirements in the field of biological waste management

1. Biological waste shall be determined in accordance with the legislation of the Republic of Kazakhstan in the field of veterinary.

2. The procedure for handling with biological waste shall be determined by the authorized body in the field of veterinary.

3. Processing and disposal of biological waste using thermal and (or) chemical processes should be carried out in compliance with the requirements of this Code.

Article 379. Environmental requirements in the field of management of waste containing persistent organic pollutants

1. Storage facilities for waste containing persistent organic pollutant should be with protective equipment to prevent the impact of persistent organic pollutants on the environment and human health.

2. Accounting for waste containing persistent organic pollutants shall be maintained in strict accounting journals.

3. The change of the possessor and owner of waste containing persistent organic pollutants without notifying the authorized body in the field of environmental protection shall be prohibited.

4. Cadastre of waste containing persistent organic pollutants shall be maintained as a separate section within the state waste cadastre.

5. Disposal of wastes containing persistent organic pollutants provided for by international treaties of the Republic of Kazakhstan on persistent organic pollutants shall be prohibited. The export and import of such wastes shall be permitted only for the purpose of their destruction.

Article 380. Environmental requirements in the field of management of certain types of wastes and the processes of their life cycle

1. When handling certain types of waste, waste owners should ensure compliance with environmental, sanitary and epidemiological requirements, as well as national standards in the field of management of certain types of waste included in the list approved by the authorized body in the field of environmental protection.

2. Special environmental requirements for the management of materials and products that have passed into the category of waste (tires, electronic and electrical equipment, packaging, paper, used oils, chemical current sources, mercury-containing waste), as well as other hazardous waste, shall be determined as included in the list approved by the authorized body in the field of environmental protection, national standards in the field of management of certain types of wastes.

Article 381. Environmental requirements in the field of waste management in the design of buildings, structures, units and other facilities

When designing buildings, structures, units and other facilities, in the course of construction (erection, creation) of which waste generation is envisaged, it is necessary to provide for places (sites) for the collection of such waste, in accordance with the rules, standards and requirements in the field of waste management, established by the authorized body in the field of environmental protection and a state body in the field of sanitary and epidemiological welfare of the population.

Chapter 30. STATE WASTE CADASTRE Article 382. State waste cadastre

1. The State waste cadastre is a systematized on the basis of geographic information systems, periodically supplemented and updated set of unified information for each waste disposal facility (indicating their spatial position), as well as types of waste, their origin and physical and chemical properties (taking into account the danger to the population and the environment), component composition, quantitative and qualitative indicators, technical, hydrogeological and environmental conditions of storage, disposal and discharge, technologies for their use and neutralization.

2. All types of wastes and waste disposal facilities shall be subject to registration in the State waste cadastre.

Organizing the maintenance of the State waste cadastre shall be carried out by the authorized body in the field of environmental protection.

The maintenance of the State waste cadastre shall be carried out by the subordinate organization of the authorized body in the field of environmental protection.

Article 383. Purpose and objectives of the State waste cadastre

1. The State waste cadaster shall be carried out in order to ensure government bodies, interested individuals and legal entities with information for the assessment, forecasting, development of technological, economic, legal and other solutions for environment protection and management of national integrated waste recording.

2. The main target of the State waste cadaster is the ensuring of national, regional and sectoral information and expert systems and data banks of information on waste characteristics and technology of their processing.

Article 384. Maintenance of the State waste cadastre

1. The operators of facilities shall submit to the authorized body in the field of environmental protection the following documentation:

1) The passport of hazardous waste;

2) a waste inventory report;

3) Cadastral file on the waste disposal facility, including:

decision of the local executive body of the relevant administrative territorial unit to allocate a land plot for storage and disposal of waste;

certificate on the establishment of the boundaries of the land plot and the issuance of the title document for the land plot, certified by local executive bodies of the relevant administrative territorial unit within its competence, competence at the location of the land plot;

feasibility study for the creation of waste disposal facilities;

positive conclusions of the state environmental and sanitary-epidemiological expertise for the project on creation of waste disposal facilities.

2. The forms of documents, specified in clause 1 of this article, instructions for their completion, shall be approved by the authorized body in the field of environmental protection.

3. The documentation, specified in subclause 2) of clause 1 of this article shall be submitted annually as of January 1 to March 1 of the year following the reporting year on paper and (or) electronic carrier by completing thereof in the information system of the State waste cadastre and signing with an electronic digital signature of an official of the operator of the facility, responsible for providing information.

4. The documentation, specified in subclauses 1) and 3) of clause 1 of this article, shall be re-submitted on paper and (or) electronic carrier by completing thereof in the information system of the State waste cadastre and signing with an electronic digital signature of an official of the operator of the facility, responsible for providing information, in case of its change.

Article 385. Information about the results of keeping the State waste cadastre

1. An annual informative review shall be drawn up according to the results of keeping the State waste cadaster by the authorized body in the field of environmental protection.

2. The State waste cadaster shall be placed and actualized in the information system on the Internet resource of the authorized body in the field of environmental protection.

Chapter 31. EXTENDED OBLIGATIONS OF MANUFACTURERS (IMPORTERS)

Article 386. Requirements for the fulfillment of extended obligations of manufacturers (importers)

1. Individuals and legal entities, carrying out production on the territory of the Republic of Kazakhstan and (or) import into the territory of the Republic of Kazakhstan of certain types of products (goods) according to the list, approved by the authorized body in the field of environmental protection, shall be obliged to ensure the collection, transportation, preparation for reuse, sorting, processing, processing, neutralization and (or) disposal of waste generated after the loss of consumer properties of such products (goods) (hereinafter referred to as the extended obligations of manufacturers (importers).

2. The manufacturers and importers, specified in clause 1 of this article, shall fulfill the extended obligations of manufacturers (importers) in one of the following methods:

1) using own system of collection, transportation, preparing for reuse, sorting, processing, processing, neutralization and (or) disposal of waste;

2) conclusion of an agreement with the operator of extended obligations of manufacturers (importers) on the organization of collection, transportation, preparation for reuse, sorting, processing, processing, neutralization and (or) disposal of waste, filing an application in accordance with the rules for the implementation of extended obligations of manufacturers (importers) approved by the Government of the Republic of Kazakhstan, and depositing money into the bank account of the operator of extended obligations of manufacturers (importers) in the form of a disposal payment.

The disposal payment (hereinafter referred to as the disposal payment) shall be understood to mean a payment to the operator of extended obligations of manufacturers (importers), carried out by the manufacturer (importer) for organizing the collection, transportation, preparation for reuse, sorting, processing, processing, neutralization and (or) disposal of waste, generated after the loss of consumer properties of such products (goods), to which the extended obligations of manufacturers (importers), and its (their) packaging, apply.

An agreement on the organization of collection, transportation, preparation for reuse, processing, neutralization and (or) disposal of waste means an agreement concluded between the operator of extended obligations of manufacturers (importers) and the manufacturer (importer) on the basis of a standard agreement on the organization of collection, transportation, preparation to reuse, sorting, processing, processing, neutralization and (or) disposal of waste generated after the loss of consumer properties of products (goods) to which (which) shall be subject to extended obligations of manufacturers (importers), and its (their) packaging.

3. The method, provided for in subparagraph 1) of paragraph 2 of this article, does not apply to manufacturers and importers of motor vehicles, self-propelled agricultural machinery.

4. Requirements for the manufacturer or importer's own system for collecting, transporting, preparing for reuse, sorting, processing, processing, neutralization and (or) disposal of waste shall be determined by the authorized body in the field of environmental protection.

5. In the case of using the method provided for in subclause 2) of clause 2 of this article, the manufacturer or importer shall submit an application in accordance with the rules for the implementation of extended obligations of manufacturer (importers) approved by the Government of the Republic of Kazakhstan, and shall make a disposal payment to the bank account of the operator of extended obligations of manufacturers (importers). The methodology for calculating the disposal charge shall be approved by the authorized body in the field of environmental protection.

6. Extended obligations of manufacturers (importers) shall not apply to:

1) manufacturers in terms of produced oils, polymeric, glass, paper and (or) cardboard packages, batteries, provided that they are used for their production at least thirty percent of used oils, waste plastics, glass, paper and cardboard, used batteries, respectively, processed and disposed of in the territory of the Republic of Kazakhstan;

2) manufacturers and importers in the part of products (goods) produced on the territory of the Republic of Kazakhstan and (or) imported (imported) into the territory of the Republic of Kazakhstan, sold outside its borders;

3) manufacturers and importers in the part of polymeric, glass, paper, cardboard and (or) metal packages, packaging of combined materials produced on the territory of the Republic of Kazakhstan and (or) imported to the territory of the Republic of Kazakhstan, intended for packaging and (or) in which the products (goods) sold (sold) outside of it are packed (packed);

4) individuals importing into the territory of the Republic of Kazakhstan products (goods), which are subject to extended obligations of producers (importers), when importing products (goods) within the quota for duty-free import of personal use goods, except for importers of motor vehicles and self-propelled agricultural machinery;

5) importers in terms of polymeric, glass, paper, cardboard and (or) metal packaging, packaging made of combined materials in which socially significant food products are packed, the list of which is approved by the Government of the Republic of Kazakhstan;

6) manufacturers in the part of the produced polymeric packaging made of preforms for which payment has been made;

7) importers in terms of imported polymeric, glass, paper, cardboard and (or) metal packages, packages made of combined materials into which imported products (goods) used in their activities as fixed assets, materials, raw materials, spare parts (components) in the production of products, performance of works, rendering of services, for general economic needs and not intended (intended) for sale are packed;

8) importers in the part of imported polymeric, glass, paper, cardboard and (or) metal packages in which the goods imported as foreign gratuitous aid in the order established by the legislation of the Republic of Kazakhstan are packed;

9) individuals who imported vehicles into the territory of the Republic of Kazakhstan before September 1, 2022, who did not pass the initial registration of the vehicle.

At the same time, the procedure, conditions and terms of import, as well as the categories of such vehicles are determined by the Government of the Republic of Kazakhstan.

7. Rules for the implementation of extended obligations of producers (importers), providing for requirements for the fulfillment of extended obligations of producers (importers), shall be developed by the authorized body in the field of environmental protection and approved by the Government of the Republic of Kazakhstan.

Footnote. Article 386 as amended by the Law of the Republic of Kazakhstan dated 30.12.2022 No. 177-VII (shall be enforced ten calendar days after the date of its first official publication); dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 387. Legal status of the operator of extended obligations of manufacturers (importers)

1. The operator of extended obligations of producers (importers) is a state enterprise, a joint-stock company, a limited liability partnership, one hundred percent of the shares (participation shares in the authorized capital) of which directly or indirectly belong to the state, determined by a decision of the Government of the Republic of Kazakhstan for the purposes of implementing the principle of extended obligations of producers (importers).

2. The operator of extended obligations of manufacturers (importers) shall have the exclusive right to collect the disposal payment and should dispose and manage these payments in the manner prescribed by this Code and other legislative acts of the Republic of Kazakhstan.

3. Excluded by the Law of the Republic of Kazakhstan dated 30.12.2022 No. 177-VII (shall be enforced ten calendar days after the date of its first official publication).
Footnote. Article 387 as amended by the Law of the Republic of Kazakhstan dated 30.12.2022 No. 177-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 388. Directions of activity of the operator of extended obligations of manufacturers (importers)

1. The operator of extended obligations of manufacturers (importers) sends the money received from manufacturers and importers in accordance with the requirements of this Code to its bank account in the form of disposal payment, to:

1) compensation in accordance with article 366 of this Code of the costs of entities, carrying out collection, transportation, burial of solid domestic wastes, liquidation of natural dumping places;

2) compensation to manufacturers of socially significant food products for expenses related to making a disposal payment by the manufacturers (importers) of polymeric, glass, paper, cardboard and (or) metal packages, packaging made of combined materials used for packaging of socially significant food products, in accordance with the procedure, established by the rules approved by the authorized body in the field of environmental protection;

3) stimulation of production in the Republic of Kazakhstan of environmentally clean motor vehicles (corresponding to environmental class established by technical regulations of the Eurasian Economic Union; with electric motors) and their components, as well as self-propelled agricultural machinery, corresponding to environmental requirements, defined by technical regulations, through:

financing of their manufacturers in the following areas: maintenance of jobs; use of energy resources; implementation of research and development projects; conducting tests related to the release of products; support of warranty obligations;

financing the discount provided by the manufacturer to individuals and legal entities when they purchase a vehicle and (or) self-propelled agricultural machinery on the territory of the Republic of Kazakhstan, produced in the Republic of Kazakhstan;

4) excluded by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication);

5) organization of collection, transportation, preparation for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste generated after the loss of consumer properties of products (goods) to which the extended obligations of manufacturers (importers) apply, by means of payments in accordance with the procedure determined by the authorized body in the field of environmental protection.

The amounts of payments to business entities in the field of waste management within the framework of a signed standard agreement with the operator of extended obligations of producers (importers) are approved by the Government of the Republic of Kazakhstan. The amount of payments is calculated by the operator of the extended obligations of producers (importers) in accordance with subparagraph 9) of this part.

The provisions provided for in part one of this subparagraph do not apply to manufacturers (importers) who have their own waste collection, processing and disposal system;

6) organization of collection, transportation, preparation for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste outside the Republic of Kazakhstan generated after the loss of consumer properties of products (goods), which (which) are subject to extended obligations of manufacturers (importers), for which there are no facilities on the territory of the Republic of Kazakhstan for neutralization, processing and (or) disposal, by payment in accordance with the procedure determined by the authorized body in the field of environmental protection.

The amounts of payments to business entities in the field of waste management, for which there are no facilities for neutralization, processing and (or) disposal on the territory of the Republic of Kazakhstan, within the framework of a signed standard agreement with the operator of extended obligations of producers (importers), are approved by the Government of the Republic of Kazakhstan. The amount of payments is calculated by the operator of the extended obligations of producers (importers) in accordance with subparagraph 9) of this part;

7) organizational, technical and information support for collection, transportation, processing, disinfection, use and (or) utilization of wastes and secondary resources, financing of promotional activities, educational and marketing researches in the field of wastes management and secondary resources;

8) organization and maintenance of an information system for tracking the movement of vehicles, carrying out removal of solid domestic wastes, according to the data of satellite navigation systems;

9) financing of experimental, design, scientific-research works in the field of collection, transportation, preparation for reuse, processing, reprocessing, disinfection, use and (or) utilization of wastes;

10) introduction in the Republic of Kazakhstan of new technologies for collection, transportation, preparation for reuse, processing, sorting, reprocessing and (or) utilization of wastes, construction of plants (production facilities) for preparation for reuse, processing, reprocessing, sorting and (or) utilization of wastes, improvement of material and technical base of organizations carrying out collection, transportation, preparation for reuse, processing, sorting, reprocessing and (or) utilization of wastes, organizing energy waste disposal;

11) creation and development of a network of electric filling stations, including through the acquisition, placement and organization of the activities of electric filling stations;

12) financing of activities related to the implementation by the operator of extended obligations of manufacturers (importers) of its functions;

13) financing or co-financing the construction of facilities for energy waste disposal on a repayment basis in the manner and on terms determined by the Government of the Republic of Kazakhstan;

14) organization of collection, transportation, preparation for reuse, sorting, processing, processing, neutralization, disposal, destruction of waste containing persistent organic pollutants in the manner and under the conditions determined by the authorized body in the field of environmental protection;

15) financing of an organization, fifty or more percent of voting shares (stakes in the authorized capital) of which are directly or indirectly owned by the state and (or) the national managing holding, for further financing of projects in the manufacturing industry aimed at improving the state of the environment, in the manner and on the terms determined by the Government of the Republic of Kazakhstan.

The legal relations provided for in subparagraphs 5) and 6) of part one of this paragraph are not subject to the legislation of the Republic of Kazakhstan on public procurement.

2. The rules for stimulating the production in the Republic of Kazakhstan of environmentally friendly motor vehicles (corresponding to the ecological class established by the technical regulations of the Eurasian Economic Union; with electric motors) and their components, as well as self-propelled agricultural machinery that meets environmental requirements defined by technical regulations, are approved by the authorized body in the field of environmental protection together with the authorized body in the field of state incentives for industry and establish:

1) a model agreement form between manufacturers of environmentally friendly motor vehicles (corresponding to the environmental class established by the technical regulations of the Eurasian Economic Union; with electric motors) and their components and the operator of extended obligations of manufacturers (importers), indicating the terms and amounts of financing;

2) a model agreement form between manufacturers of self-propelled agricultural machinery that meets environmental requirements defined by technical regulations and the operator of extended obligations of manufacturers (importers) indicating the terms and amounts of financing;

3) a reporting form on the production of environmentally friendly motor vehicles (corresponding to the environmental class established by the technical regulations of the Eurasian Economic Union; with electric motors) and the timing of its submission to the operator of extended obligations of manufacturers (importers);

4) a reporting form on the production of self-propelled agricultural machinery and the timing of its submission to the operator of extended obligations of manufacturers (importers);

5) requirements for manufacturers of environmentally friendly motor vehicles and (or) their components;

6) requirements to manufacturers of self-propelled agricultural machinery;

7) conditions and procedure for financing, including the procedure for determining the amount of financing of the discount provided by the manufacturer to individuals and legal entities when selling vehicles and (or) self-propelled agricultural machinery produced in the Republic of Kazakhstan, when submitting a document confirming the delivery of decommissioned vehicles and (or) self-propelled agricultural machinery for disposal, providing for the right to receive a discount on the purchase of a vehicle and (or) self-propelled agricultural machinery manufactured in the Republic of Kazakhstan on the territory of the Republic of Kazakhstan.

3. excluded by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

4. Rules for organization of collection, transportation, preparation for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste generated after the loss of consumer properties of products (goods), which are subject to extended obligations of manufacturers (importers), and waste generated after the loss of consumer properties of products (goods) which (that) are subject to the extended obligations of producers (importers) for whom there are no facilities for neutralization, recycling and (or) disposal on the territory of the Republic of Kazakhstan, are approved by the authorized body in the field of environmental protection.

5. The amount of monetary payments of the operator of extended obligations of manufacturers (importers) at the expense of money received into his bank account from manufacturers and importers to business entities engaged in collecting, transporting, preparing for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste generated after the loss of consumer properties of products (goods), which are subject to extended obligations of producers (importers), are approved by the Government of the Republic of Kazakhstan. The amount of payments is calculated by the operator of the extended obligations of producers (importers) in accordance with subparagraph 9) of part one of paragraph 1 of this Article.

Footnote. Article 388 as amended by the Law of the Republic of Kazakhstan dated 27.12.2021 No. 87-VII (shall be enforced ten calendar days after the date of its first official publication); dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

Article 389. Powers of the operator of extended obligations of manufacturers (importers)

1. The powers of the operator of extended obligations of manufacturers (importers) shall include:

1) concluding of an agreement with manufacturers (importers) on organization of collection, transportation, preparation for reuse, sorting, processing, reprocessing, disinfection and (or) utilization of wastes, generated after the loss of consumer properties of products (goods), which is (are) subject to extended obligations of manufacturers (importers), on the basis of a model agreement on organization of collection, transportation, preparation for reuse, sorting, processing, reprocessing, disinfection and (or) utilization of wastes, generated after the loss of consumer properties products (goods), which is (are) subject to extended obligations of producers (importers);

2) collection of a disposal payment, transferred by manufacturers (importers) to the bank account of the operator of extended obligations of manufacturers (importers) on the basis of an agreement on organization of collection, transportation, preparation for reuse, sorting, processing, reprocessing, disinfection and (or) utilization of wastes, generated after the loss of consumer properties of products (goods), which is (are) subject to extended obligations of manufacturers (importers);

3) carrying out the control for the correctness of calculation, completeness and timeliness of the transfer of a disposal payment by manufacturers (importers);

4) return and (or) offset against future payments of overpaid amounts, made in accordance with the procedure established by the operator of extended obligations of manufacturers (importers) on the basis of applications of manufacturers and importers, subject to confirmation of overpaid amounts no later than thirty calendar days before the deadline for the operator of extended obligations of manufacturers (importers) to submit a corporate income tax declaration, provided for by the tax legislation of the Republic of Kazakhstan, for the reporting period during which the disposal payment was made;

5) control over the accuracy of submission of documents by manufacturers of socially significant food products for compensation of a part of expenses related to payment for organization of collection, transportation, processing, neutralization, use and (or) recycling of wastes by manufacturers (importers) of polymeric, glass, paper, cardboard and (or) metal packages, packaging made of combined materials used for packing of socially significant food products;

6) submission of a report to the authorized body in the field of environmental protection on implementation of extended obligations of manufacturers (importers);

7) formation, approval, maintenance of the register of manufacturers (importers), carrying out production on the territory of the Republic of Kazakhstan and (or) importation of products (goods) to the territory of the Republic of Kazakhstan, which is (are) subject to extended obligations of manufacturers (importers), except for manufacturers and importers of motor vehicles, self-propelled agricultural machinery;

8) development and approval of the rules for registration and maintenance of the register of manufacturers (importers) engaged in production in the territory of the Republic of Kazakhstan and (or) importation into the territory of the Republic of Kazakhstan of products (goods) to which (which) are subject to extended obligations of manufacturers (importers), with the exception of manufacturers and importers of motor vehicles, self-propelled agricultural machinery;

9) interaction with state bodies, including in the field of customs and tax legislation of the Republic of Kazakhstan, on issues related to extended obligations of manufacturers (importers);

10) introduction in the Republic of Kazakhstan of technologies for collection, transportation, preparation for reuse, processing, sorting, processing and (or) disposal of waste, construction of plants (productions) for preparation for reuse, sorting, processing, processing and (or) disposal of waste, improvement the material and technical base of organizations that collect, transport, prepare for reuse, sort, process, process and (or) dispose of waste, organize energy waste disposal;

11) upon detection of acts containing signs of administrative offenses, the proceedings on which, in accordance with the Code of the Republic of Kazakhstan on Administrative Infractions, are within the competence of the authorized body in the field of environmental protection, the operator of extended obligations of manufacturers (importers) shall be obliged to transfer the existing obligations of such offenses materials to the authorized body in the field of environmental protection;

12) in order to implement the principle of extended obligations of manufacturers (importers), the operator of extended obligations of manufacturers (importers) shall have the right to receive data from the authorized body in the field of environmental protection for calculating the utilization payment from information about the activities of individuals and legal entities which are subject to the extended obligations of manufacturers (importers);

13) issuance of a document confirming the delivery for disposal of a vehicle and (or) self-propelled agricultural machinery that has been decommissioned, including providing for the right to receive a discount on the purchase of a vehicle manufactured in the Republic of Kazakhstan in the Republic of Kazakhstan;

14) development and approval of the rules and conditions for issuing a document confirming the delivery for disposal of a vehicle and (or) self-propelled agricultural machinery that has been decommissioned, including providing for the right to receive a discount on the purchase of a vehicle manufactured in the Republic of Kazakhstan in the Republic of Kazakhstan;

15) direction of the money received on its bank account in the form of a disposal payment, in accordance with directions provided by article 388 of this Code;

16) development and approval of the form of a model agreement on the organization of collection, transportation, preparation for reuse, sorting, processing, processing, neutralization and (or) disposal of waste generated after the loss of consumer properties of products (goods) to which extended obligations of manufacturers (importers), and its (their) packaging.

2. The operator of extended obligations of manufacturers (importers) shall spend the disposal payment in accordance with article 388 of this Code, as well as with the development strategy of the operator of extended obligations of manufacturers (importers) agreed with by the authorized body in the field of environmental protection, which includes the priority of using the means of utilization payment for purposes that are not covered by funds paid by individuals and legal persons at tariffs for the collection, transportation, sorting and disposal of municipal solid waste in inhabited localities.

Article 390. Responsibility of participants of extended obligations of manufacturers (importers)

1. Manufacturers (importers) who have not concluded an agreement with the operator of extended obligations of manufacturers (importers) on organizing the collection, transportation, preparation for reuse, sorting, processing, processing, neutralization and (or) disposal of waste generated after the loss of consumer properties of products ( goods) to which (are) subject to extended obligations of manufacturers (importers) who did not submit an application in accordance with the rules for the implementation of extended obligations of manufacturers (importers) approved by the Government of the Republic of Kazakhstan, and also did not pay or did not pay in a timely manner to a bank account operator of extended obligations of manufacturers (importers) money in the form of a utilization payment, shall bear responsibility, established by the laws of the Republic of Kazakhstan.

2. The requirements of clause 1 of this article regarding the calculation of the recycling fee shall not apply to manufacturers (importers) that have their own system for the collection, processing and disposal of waste.

Manufacturers (importers) who have their own system for collection, transportation, preparation for reuse, sorting, processing, processing, neutralization and (or) disposal of waste, for failure and (or) improper fulfillment of the requirements for ensuring collection, transportation, preparation for reuse, processing, neutralization and (or) disposal of waste generated after the loss of consumer properties of products (goods), which (which) are subject to extended obligations of manufacturers (importers), shall bear responsibility established by the laws of the Republic of Kazakhstan.

3. The operator of extended obligations of manufacturers (importers) for the non-purpose use of the payment of disposal payments non-performance or improper performance of the duties and functions, assigned to him (her), shall be liable under the laws of the Republic of Kazakhstan.

Article 391. Ensuring transparency of the activities of the operator of extended obligations of manufacturers (importers)

The operator of extended obligations of manufacturers (importers) shall:

1) coordinate its development strategy and investment policy with an authorized body in the field of environmental protection;

2) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication);

3) send to the authorized body in the field of environmental protection an annual progress report on the implementation of extended obligations of manufacturers (importers).

Footnote. Article 391 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 392. The performance of extended obligations of manufacturers (importers)

1. The performance of extended obligations of manufacturers (importers) shall be carried out by concluding an agreement between manufacturers (importers) and the operator of extended obligations of manufacturers (importers) on the organization of collection, transportation, preparation for reuse, sorting, processing, processing, neutralization and (or) disposal of waste generated after the loss of consumer properties of products (goods) to which (which) are subject to extended obligations of manufacturers (importers), in accordance with this Code.

The contract shall be considered concluded if it is signed by the operator of extended obligations of manufacturers (importers) by posting on the official Internet resource, the manufacturer (importer) - from the moment of import or production of products (goods) to which (which) are subject to extended obligations of manufacturers (importers).

2. Manufacturers (importers) that have their own system for collecting, transporting, preparing for reuse, sorting, processing, processing, neutralization and (or) disposal of waste, as confirmation of the fulfillment of obligations under the extended obligations of manufacturers (importers) in accordance with the procedure determined by the authorized body in the field of environmental protection, shall submit to the authorized body in the field of environmental protection documents confirming the collection, transportation, preparation for reuse, sorting, processing, processing, neutralization and (or) disposal of waste generated after loss of consumer properties of products (goods) which are subject to the extended obligations of manufacturers (importers).

SECTION 20. SPECIAL ENVIRONMENTAL REQUIREMENTS BY CERTAIN TYPES OF ACTIVITIES Article 393. General environmental requirements in projecting buildings, structures and their complexes

1. Projects for the construction of buildings, structures and their complexes intended for the implementation of activities in respect of which, in accordance with this Code, a mandatory environmental impact assessment is carried out, should contain solutions that ensure the fulfillment of the requirements and measures provided for by the relevant conclusion based on the results of the environmental impact assessment.

2. Projects for the construction of buildings, structures and their complexes belonging to objects of categories I and II should contain solutions that ensure their safe decommissioning, post-utilization, land reclamation and measures for the processing, recycling or disposal of waste generated as a result of these operations.

Article 394. General environmental requirements during commissioning and operating buildings, structures and their complexes

1. The commissioning and operating buildings, structures and their complexes shall be carried out in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.

2. Putting into operation buildings, structures and their complexes belonging to objects of categories I and II shall not be allowed, if at the time of commissioning such objects do not comply with the relevant standards of permissible anthropogenic impact on the environment established by the environmental permission.

3. Commissioning and operating buildings, structures and their complexes that are part of the object of category I or II without the structures, units and equipment provided for by the construction project, intended for cleaning and (or) neutralization of emissions and discharges, as well as waste management, shall be prohibited.

Article 395. General environmental requirements in accidents

1. In case of deterioration of the quality of the environment, which is caused by accidental emissions or discharges and which creates a threat to life and (or) human health, urgent measures shall be taken to protect the population in accordance with the legislation of the Republic of Kazakhstan on civil protection.

2. In the event of an accident at facilities of categories I and II, as a result of which a violation of established environmental standards occurs or may occur, the facility operator should immediately, but in any case not more than two hours from the moment the accident is discovered, inform the authorized body about this in the field of environmental protection and take all necessary measures to prevent pollution of the environment up to partial or complete shutdown of the operation of the relevant stationary sources or the facility as a whole, as well as to address the negative consequences for the environment caused by such an facility.

Article 396. Environmental requirements for military and defense facilities, military activities

The environmental requirements established by this Code shall apply to military and defense facilities and military activities, with the exception of special situations provided for by the legislation of the Republic of Kazakhstan.

Article 397. Environmental requirements for conducting subsoil use operations

1. Project documents for conducting subsoil use operations should provide for the following measures aimed at environmental protection:

1) application of methods, technologies and techniques for conducting subsoil use operations that ensure the maximum possible reduction in the area of ​​disturbed and alienated lands (including the construction of access roads according to a rational scheme before the start of subsoil use operations, the use of cluster well construction, the use of technologies with internal dumping, the use of production waste as secondary resources, their processing and disposal, the progressive elimination of the consequences of subsoil use operations and other methods) to the extent that it is advisable from a technical, technological, environmental and economic point of view, which should be justified in the project document for subsoil use operations;

2) prevention of anthropogenic desertification of lands as a result of subsoil use operations;

3) prevention of subsoil contamination, including during using subsoil space;

4) for environmental protection in the event of suspension, termination of operations for subsoil use, conservation and liquidation of field development facilities in cases provided for by the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use";

5) prevention of wind erosion of soil, dumps of overburden and enclosing rocks, production waste, their oxidation and spontaneous combustion;

6) insulation of absorbing and freshwater horizons to avoid their contamination;

7) prevention of depletion and pollution of groundwater, including the use of non-toxic reagents in the preparation of flushing fluids;

8) purification and reuse of the flushing water;

9) elimination of residues of drilling and fuel and lubricants by the environmentally safe manner;

10) purification and reuse of oilfield wastewater in the pore pressure maintaining system of the oil fields.

2. During the performance of subsoil use operations, subsoil users shall be obliged to ensure compliance with the decisions stipulated by the project documents for conducting subsoil use operations, as well as the following requirements:

1) well design and design of mining shall ensure compliance with the requirements for the protection of subsoil and the environment;

2) on drilling and other subsoil use operations with the use of units with diesel generator and diesel driven release of untreated exhaust gas emissions from such units should comply with their specifications and environmental requirements;

3) during the construction of buildings for subsoil use of the fertile lands and agricultural lands in the course of the preparatory work for the installation of the equipment shall be removed and separately stored topsoil for future reclamation area;

4) for exception of the toxic substances migration in the natural objects shall be provided an engineering system of organized waste collection and storage of subsoil wastes with the water-proofing technology platforms;

5) in cases of well construction in specially protected natural areas, it is necessary to use only pitless technology

6) when performing operations on exploration and (or) production of hydrocarbons, measures should be taken to reduce the volume of sulfur placed in the open on sulfur pads and reduce its negative impact on the environment;

7) during subsoil use operations, work should be carried out to dispose of sludge and neutralize the used drilling fluid, drilling, quarry and mine wastewater for reuse in the drilling process, return to the environment in accordance with established requirements;

8) when using oil-based drilling fluids (lime-bitumen, invert-emulsion and others), measures should be taken to prevent air pollution;

9) burial of pyrophoric deposits, sludge and core in order to exclude the possibility of their ignition or poisoning of people should be carried out according to the project and in agreement with by the authorized body in the field of environmental protection, the state body in the field of sanitary and epidemiological welfare of the population and local executive bodies;

10) the commissioning of facilities for subsoil use shall be carried upon condition of full compliance of all environmental requirements, stipulated by the project;

11) after the completion of subsoil use operations and the dismantling of equipment, works on reconstruction (restoration) of the land in accordance with the design solutions provided for by the liquidation plan (project) shall be carried out;

12) drill holes, including flowing well, as well as unserviceable holes or which usage is shut down, shall be subjected to the equipment by the subsoil user of control devices, conservation or liquidation in order, established by the legislation of the Republic of Kazakhstan;

13) Drilling of absorbing wells shall be allowed in the presence of positive conclusions of the authorized state bodies in the field of environmental protection, use and protection of water fund, the study of subsoil, the state body in the field of sanitary and epidemiological welfare of the population, issued after special surveys in the area of the proposed drilling of these wells;

14) preservation and liquidation of wells within the contract area shall be carried out in accordance with the Laws of the Republic of Kazakhstan on subsoil and subsoil use.

3. Shall be prohibited:

1) the admission of flushing water and materials in layers containing household and drinking water;

2) drilling of absorption wells to discharge industrial, medical mineral and heat power waters in cases where these wells can be a source of contamination of the aquifer that is suitable or used for domestic water supply or for medicinal purposes;

3) arrangement of absorption wells and pits in the zones of sanitary protection of water supply sources;

4) discharge into the absorption wells and pits of discharged water containing radioactive substance.

Article 398. Environmental requirements for exploration and production at sea, inland waters and in the protective zone of the Republic of Kazakhstan

1. Well drilling should be carried out on the basis of advanced proven principles and methods accepted in international practice in the field of environmental protection, when conducting operations for the exploration and (or) production of hydrocarbons at sea.

2. Locations for the placement of offshore drilling platforms within the contract area should be selected taking into account the maximum possible preservation of the environment of marine areas of promising importance for fishing, conservation and reproduction of valuable fish species and other aquatic facilities.

3. Drilling operations from a drilling barge or platform in the presence of ice cover in the water area accessible for navigation should be carried out with the constant presence of an icebreaker-type ship with the equipment necessary to localize a possible hydrocarbon spill. The requirement specified in this clause shall not apply to drilling wells from artificial islands.

4. Uncovering of producing horizon of subsalt formation and testing of wells with expected extreme pressure and high hydrogen sulfide content in severe ice conditions shall be prohibited.

5. When carrying out operations for the extraction of hydrocarbons at sea, the subsoil user shall be obliged to monitor the production process by observing and measuring at wellheads in the manner determined by the authorized body in the field of environmental protection.

6. When carrying out operations for the exploration and (or) production of hydrocarbons at sea, inland waters and in the protective zone of the Republic of Kazakhstan, the subsoil user should ensure measures to prevent, localize and eliminate emergency spills.

7. In the event of accidental oil spills at sea, inland waters and in the protective zone of the Republic of Kazakhstan, the best methods for its elimination should be applied based on the analysis of the total environmental benefit.

Net environmental benefit analysis shall be an approach to selecting the best oil spill response practices that maximize the protection of human health and the environment.

The selection of the best oil spill response methods shall be based on an analysis of the total environmental benefit to maximize the protection of human health and the environment.

The coordination of optimal methods for oil spill response based on the analysis of the total environmental benefit by the authorized bodies in the field of environmental protection, protection, reproduction and use of wildlife, use and protection of the water fund, water supply, sanitation, the state body in the field of sanitary and epidemiological welfare of the population shall be required only for:

1) combusting of an oil spill at a distance of no more than five kilometers from a populated area;

2) using herders in order to localize an oil slick to be combusted;

3) using dispersants in water depths of less than ten meters and distances from shore less than one kilometer.

In other cases, the selection of optimal methods for oil spill response shall be carried out in agreement with the authorized body in the field of environmental protection.

Any use of dispersants, herders or burning of an oil slick should be reported to the competent authority in the field of environmental protection.

Rules for determining, agreeing and making a decision on the choice of optimal methods for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan based on the analysis of the total environmental benefit shall be approved by the authorized body in the field of environmental protection.

8. The authorized body in the field of environmental protection shall:

1) coordinate best practices for oil spill response based on preliminary and operational analysis of the total environmental benefit;

2) develop and approve the methodology for conducting an analysis of the total environmental benefit;

3) approve a list of recommended best international practices on net environmental benefit analysis and offshore oil spill response techniques.

9. Authorized bodies in the field of protection, reproduction and use of wildlife, use and protection of the water fund, water supply, sanitation, the state body in the field of sanitary and epidemiological welfare of the population shall coordinate the best methods for eliminating oil spills at sea in cases established by the rules for determining, agreeing and making a decision on the choice of optimal methods for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan based on the analysis of the total environmental benefit.

10. In oil spill response operations at sea and inland waters, dispersants and herders included in the list approved by the authorized body in the field of environmental protection, shall be used.

The list of dispersants and herders for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan, the procedure for inclusion of dispersants and herders for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan, shall be approved by the authorized body in the field of environmental protection.

Dispersants are a mixture of surfactants and solvents that allow the oil slick to break up into small droplets that can more effectively mix with water, remaining in its thickness before breaking down under the influence of natural processes.

The methodology for determining dispersants for inclusion in the list of dispersants for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan shall be approved by the authorized body in the field of environmental protection.

The authorized body in the field of environmental protection shall approve the methodology for determining herders for inclusion in the list of dispersants and herders for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan.

11. The development of environmental sensitivity maps for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan (hereinafter referred to as the environmental sensitivity maps) shall be provided by the authorized body in the field of environmental protection and includes activities for the collection, storage, processing (accounting and systematization), analysis.

The environmental sensitivity map shall identify the location of socio-economic features, environmental features of high environmental value, and their seasonal sensitivity index to prioritize protection and cleanup in offshore oil spill response.

The environmental sensitivity map shall be generated on a software, supplemented and updated periodically at least once a year.

12. The authorized body in the field of environmental protection shall approve:

1) rules for developing an environmental sensitivity map and making a decision to determine the sensitivity index for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan;

2) an environmental sensitivity map with sensitivity indices for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan in agreement with the authorized bodies in the field of protection, reproduction and use of wildlife, use and protection of water resources, water supply, sanitation, the state body in the field of sanitary and epidemiological welfare of the population;

3) methodology for developing an environmental sensitivity map for oil spill response at sea, inland waters and in the protective zone of the Republic of Kazakhstan.

Article 399. Environmental requirements for subsoil use operations within the protective zone of the Republic of Kazakhstan

1. A subsoil user, who carries out subsoil operations within the protective zone of the Republic of Kazakhstan, shall be obliged to perform them so as to prevent or minimize marine pollution in the event of a rise in water levels.

2. Subsoil user, who carries out subsoil operations within the protective zone of the Republic of Kazakhstan, shall be liable for damage and losses caused to the environment, individuals or legal entities, in case of pollution of the sea from its contract area, regardless of the fault of the subsoil user.

Article 400. Environmental requirements for handling sulfur generated during exploration and (or) production of hydrocarbons

1. Placement and open storage of technical gas sulfur generated during exploration and (or) production of hydrocarbons shall be allowed at special sites equipped in accordance with environmental and sanitary and epidemiological requirements, as well as fire and industrial safety requirements.

2. When handling sulfur technical gas, compliance with the environmental requirements provided for by the rules approved by the authorized body in the field of environmental protection should be ensured.

Article 401. Environmental requirements for the design, installation and operation of underwater pipelines and cables

1. The choice of the location of the route, structure, equipment, technology and technical means for the construction and operation of each specific facility should be made on an alternative basis in order to reduce the negative impact on the environment.

2. Drilling and blasting and seismic exploration with pneumatic and other detonating sources of excitation of elastic waves (seismic signals) shall be prohibited at a distance of less than five hundred meters from the route of underwater pipelines and cables.

3. Towage of seismic streamers and trawling by fishing vessels crossing the routes of underwater pipelines and cables shall be prohibited.

4. The design of pipelines to be built and associated engineering structures should ensure:

a high degree of their reliability, safety, protection and control over their technical condition;

the ability to quickly respond to unforeseen situations;

efficiency and quality of repair and restoration works;

minimal negative impact on the environment.

5. The project shall mandatorily contain an independent section "Environmental Protection" that meets the requirements of construction, sanitary and epidemiological norms and rules, as well as instructive documents of the authorized body in the field of environmental protection.

6. The customer and the project developer shall be liable for the completeness and reliability of the design and estimate documentation.

7. In projects for laying pipelines, it is necessary to provide for measures for their protection during construction and subsequent operation. At each stage of construction and operation of pipelines transporting hydrocarbon raw materials and products of its processing, measures should be taken to protect and protect the environment, as well as pipelines related to high-risk objects.

8. The crossing points of pipelines with navigable rivers and canals should be marked on the banks with navigation signs. Navigation signs during the construction of the main pipeline shall be installed in accordance with the legislation of the Republic of Kazakhstan in the field of inland water transport.

9. To exclude the possibility of damage to pipelines in any type of their laying, protective zones shall be established:

along underwater crossings - in the form of a section of water space from the water surface to the bottom, enclosed between parallel planes spaced from the axes of the extreme threads of the transitions by one hundred meters on each side;

around technological units for preparing products for transportation, head and intermediate, pumping and loading pumping stations, tank farms, compressor and gas distribution stations, product measurement units, loading and unloading racks, oil and oil products heating points - in the form of a plot of land bounded by a closed line, separated from the boundaries of the territory of the specified objects by one hundred meters in all directions.

10. Materials, coordinates of the actual position of the pipeline with reference to security zones, communications and facilities included in its composition should be transferred to the relevant local executive bodies and the State Corporation "Government for Citizens" for their inclusion in the state land cadastre.

11. In the protected areas of pipelines, it shall be prohibited to perform actions that may disrupt their normal operation or cause damage as follows:

move, fill up and break identification navigation marks, control and measuring stations;

open hatches, gates and doors of unattended cable communication points, fencing of linear fittings, installation of cathodic and drainage protection, linear and manholes and other linear devices, open and close taps and valves, turn off or turn on communications, power supply and telemechanics of pipelines;

arrange dumps, pour out solutions of acids, salts and alkalis;

destroy bank protection structures, culverts, earthworks and other structures (devices) that protect pipelines from destruction, and the adjacent territory and surrounding area - from an emergency spill of transported products;

throw anchors, pass with given anchors, chains, lots, drags and trawls, carry out dredging and dredging works;

start a fire or place open or covered sources of fire.

12. It shall be prohibited to carry out any work in pipeline protective zones, including geological survey, geological exploration, prospecting, geodetic and other survey work related to the construction of wells, pits and soil sampling, as well as blasting, without the written permission of the owner of the main pipeline. A written permission to carry out blasting operations in the pipeline protected zones shall be issued only after the organization performing these works submits the relevant materials provided for by the rules for ensuring industrial safety for hazardous production facilities.

13. In case of accidental spills of oil and water containing hydrogen sulfide, they should be collected immediately after reaching a level of hydrogen sulfide content that is safe for the personnel performing the relevant work and neutralized on site or removed for disposal.

14. At the intersection of gas, oil, condensate pipelines of railways and waterways, highways, ravines and other natural obstacles, at corners of turns, at points of possible crowding of people, at technological units of gas, oil, condensate pipelines, appropriate safety signs and inscriptions shall be displayed. For the listed places in the project, additional measures should be provided to exclude or reduce the risk of emissions, discharges, spills.

Article 402. Environmental requirements for the production, import, export, use and destruction of persistent organic pollutants and chlorine-containing wastes

1. Persistent organic pollutants, stipulated by international treaties ratified by the Republic of Kazakhstan, are the most dangerous organic compounds that are resistant to decomposition, characterized by bioaccumulation and are the object of transboundary transport through air, water and migratory species, as well as deposited at a great distance from the source of their release, accumulating in ecosystems land and water ecosystems, causing destruction of the immune and endocrine systems of living organisms and various diseases, including oncologic ones.

2. Persistent organic pollutants shall be subject to destruction in an environmentally safe manner.

3. It shall be prohibited to use technologies for the destruction of persistent organic pollutants and chlorine-containing wastes without comprehensive purification of exhaust gases. Comprehensive purification of exhaust gases should ensure the content of dioxins and furans in the purified exhaust gases in concentrations not exceeding 0.1 nanograms per cubic meter.

4. Use of persistent organic pollutants shall be prohibited in places associated with the production and processing of food or feed.

5. The production and use of pesticides containing persistent organic pollutants, stipulated by international treaties of the Republic of Kazakhstan, shall be prohibited. Export and import of these substances shall be permitted only for the purpose of their destruction.

6. The management of persistent organic pollutants shall be governed by the rules for the management of persistent organic pollutants and wastes containing them, approved by the authorized body in the field of environmental protection.

7. The authorized body in the field of environmental protection shall ensure the implementation of international agreements of the Republic of Kazakhstan on persistent organic pollutants.

Article 403. Environmental requirements for the implementation of genetic engineering activities, production, application and distribution of modern biotechnology products

1. A genetically modified organism is any organism (including a microorganism), with the exception of a human body, that has a new combination of genetic material obtained through the use of modern biotechnology.

2. A modern biotechnology shall be understood to mean the application of:

1) in vitro methods using nucleic acids, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acids into cells or organelles; or

2) methods based on the fusion of cells of organisms with different taxonomic status, which allow to overcome natural physiological reproductive or recombination barriers and are not traditional methods for breeding and selection.

3. A microorganism shall be understood to mean any microbiological entity, cellular or non-cellular, that is capable of replicating or transferring genetic material, including viruses, viroids, animal and plant cells in culture

4. The intentional release of genetically modified organisms into the environment shall be understood to mean any intentional introduction (release) into the environment of genetically modified organisms or a combination of genetically modified organisms, for which (which) no special isolation (containment) measures are used to limit contact with genetically modified organisms. organisms and ensure a high degree of safety for the population as a whole and the environment.

In case of intentional release of genetically modified organisms into the environment, the following requirements should be met:

1) intentional release of genetically modified organisms into the environment in any new place shall be carried out only if there are positive conclusions from the sanitary and epidemiological expertise and after the genetically modified organisms are included in the register (list) of genetically modified organisms and products;

2) in the process of making decisions regarding the intentional release of genetically modified organisms into the environment, the following information cannot under any circumstances be considered confidential: a general description of the genetically modified organism; the name and address of the entity planning to deliberately release genetically modified organisms into the environment; the location of the site where it is planned to deliberately release genetically modified organisms into the environment; intended uses of genetically modified organisms; environmental impact assessment documentation; conclusions of sanitary and epidemiological expertise; results of public participation; the content of the decision authorizing the deliberate release of genetically modified organisms into the environment, and its rationale;

3) measures should be taken to prevent the uncontrolled spread of genetically modified organisms.

5. The sale (placement) of genetically modified organisms on the market shall be understood to mean the provision of genetically modified organisms to third parties for a fee or free of charge.

During the initial sale (placement) of genetically modified organisms on the market, the following requirements should be observed:

1) the initial sale (placement) of genetically modified organisms on the market shall be carried out only after an assessment of environmental risks and risks to human health and the inclusion of genetically modified organisms in the register (list) of genetically modified organisms and products;

2) in the process of making decisions regarding the initial sale (placement) of genetically modified organisms on the market, the following information cannot under any circumstances be considered confidential: a general description of the genetically modified organism; the name and address of the entity planning to carry out the primary sale (placement) of genetically modified organisms on the market; intended uses of genetically modified organisms; documentation of environmental and health risk assessments; a description of the measures envisaged to prevent, reduce the impact on the environment and (or) human health, including proposals for environmental monitoring; results of public participation; the content of the decision authorizing the initial sale (placement) of genetically modified organisms on the market, and its justification;

3) measures should be taken to prevent the uncontrolled spread of genetically modified organisms.

6. The use of genetically modified organisms in closed systems shall be understood to mean any activity carried out within the boundaries of any enterprise, unit or other physical object, associated with genetically modified organisms, in respect of which special isolation (containment) measures are used that effectively limit their contact with the external environment. and impact on it.

When using genetically modified organisms in closed systems, the following requirements should be met:

1) the creation of new strains of microorganisms and the breeding of genetically modified organisms shall be carried out in the presence of a positive conclusion of the sanitary and epidemiological examination, issued in accordance with the Uniform sanitary and epidemiological and hygienic requirements for goods subject to sanitary and epidemiological supervision (control), approved by decision commission of the Customs Union dated May 28, 2010 No. 299, on safety of created new strains of microorganisms, including genetically modified microorganisms (lack of pathogenicity, virulence, toxicity and allergenic capacity);

2) in the process of making decisions regarding the use of genetically modified organisms in closed systems, under no circumstances can the following information be considered confidential: a general description of the genetically modified organism; name and address of the entity planning to implement the use of genetically modified organisms in closed systems; the location of the enterprise, unit or other physical facility where it is planned to use genetically modified organisms in closed systems; environmental impact assessment documentation; conclusions of sanitary and epidemiological expertise; description of special isolation (containment) measures; content of the action plan in case of unforeseen (extraordinary) circumstances related to the unintentional release of genetically modified organisms into the environment and the risk of causing damage to the environment and (or) human health; results of public participation; the content of the decision authorizing the use of genetically modified organisms in closed systems, and its justification;

3) measures should be taken to prevent the unintentional release of genetically modified organisms into the environment;

4) an action plan should be developed in case of unforeseen (extraordinary) circumstances related to the unintentional release of genetically modified organisms into the environment and the risk of causing damage to the environment and (or) human health.

7. In the event of an imminent threat of activities related to genetically modified organisms to the environment and (or) public health, state bodies shall, as soon as possible, shall communicate the necessary information to the public concerned, which may enable it to take measures or reduce the damage from such a threat.

8. Genetically modified products shall be understood to mean products, including agricultural products, food products and feed, the production technology of which provides for the use of genetically modified organisms at any stage.

The use of genetically modified products in the Republic of Kazakhstan shall be allowed only within the framework of the list approved by the authorized body in the field of environmental protection and the state body in the field of sanitary and epidemiological welfare of the population.

9. Genetically modified products shall be entered in the register (list) of genetically modified organisms and products.

10. All food products, feed and feed additives containing or consisting of or derived from genetically modified organisms shall be subject to labeling in accordance with technical regulations.

The purpose of labeling is to inform consumers about the actual properties of a product, feed or feed additive.

If labeling is not possible or is not required in accordance with technical regulations, then information on the actual properties of the genetically modified product shall be indicated in the accompanying documents.

11. Agricultural producers should, through labeling, inform the buyer of their crop that the buyer is purchasing a genetically modified product, and maintain a register of buyers to whom they supply their products.

12. State bodies shall ensure the communication of information on the existing requirements for the labeling of genetically modified foods, feed and feed additives.

The labeling system for genetically modified products shall be based on the ability to detect genetically modified deoxyribonucleides or proteins in the final food product.

13. A person carrying out activities for the production and use of genetically modified products and organisms shall be obliged:

1) to use systems and procedures to determine where and where genetically modified products come from;

2) for genetically modified organisms intended for intentional release into the environment, to transfer detailed information about their characteristics to the authorized body in the field of environmental protection and the state body in the field of sanitary and epidemiological welfare of the population;

3) for genetically modified organisms intended for food, feed or processing, to submit to the authorized body in the field of environmental protection a declaration that the product is to be used only as food, feed or for processing, describing the features of genetically modified organisms that the product may contain;

4) in relation to food and fodder derived from genetically modified organisms, to inform buyers by labeling that the product is derived from genetically modified organisms;

5) to maintain information on the production and use of genetically modified products and organisms for five years and provide it to the authorized body in the field of environmental protection and the state body in the field of sanitary and epidemiological welfare of the population at their request.

SECTION 21. ZONES OF ENVIRONMENTAL EMERGENCY SITUATION AND ENVIRONMENTAL DISASTER Article 404. Environmental emergency situation and environmental disaster

1. Environmental emergency situation is an environmental situation that has arisen in a territory or water area where, as a result of anthropogenic activity or natural processes, persistent negative changes in the environment occur that threaten human life and (or) health, the state of natural environmental systems, genetic funds of plants and animals.

For the purposes of this clause, a threat to public health shall be understood to mean an increase in the frequency of reversible health disorders associated with environmental pollution.

2. Environmental disaster is an environmental situation that has arisen in a territory where, as a result of anthropogenic activity or natural processes, deep irreversible changes in the environment have occurred, resulting in a significant deterioration in public health, destruction of natural environmental systems and (or) deterioration of the flora and fauna.

For the purposes of this clause, a significant deterioration in the health of the population shall be understood to mean an increase in the number of irreversible and incompatible health disorders, changes in the structure of causes of death and the appearance of specific diseases caused by environmental pollution, as well as a significant increase in the frequency of reversible health disorders associated with environmental pollution.

3. The assignment of a territory (water area) to an environmental emergency zone or an environmental disaster zone shall be carried out in order to determine the causes of the current environmental situation and develop reasonable urgent measures to stabilize and reduce the degree of environmental distress, reduce the impact of anthropogenic activities on the environment, and take prompt measures to restore the environment. environment and minimizing negative consequences for the life and (or) health of the population.

Article 405. Procedure for declaring certain territories (aquatories) as a zone of environmental emergency situation or a zone of environmental disaster

1. For the purposes of studying the territory (water area), which is supposed to be declared a zone of emergency environmental situation or a zone of environmental disaster, a commission shall be created.

2. The local executive bodies and other state bodies within their competence shall have the right to initiate the creation of a commission on the basis of appeals of:

1) residents living in the territory with the alleged unfavorable environmental situation;

2) deputies of the Parliament of the Republic of Kazakhstan and local representative bodies;

3) non-profit organizations.

3. The commission consists of deputies of local representative bodies, representatives of authorized bodies in the field of environmental protection, education and science, healthcare, industry, trade, energy and mineral resources, agriculture, labor and social protection of the population, in the field of civil protection, local executive bodies of the relevant administrative-territorial unit and other interested individual and legal entities.

4. The commission shall collect and analyze materials in order to determine:

1) environmental state of the territory;

2) causes of occurrence of adverse environmental condition;

3) borders of the territory subjected to varying degrees of degradation;

4) damage, the possibility of worsening the alleged adverse environmental condition;

5) required measures to eliminate the reasons of the alleged adverse environmental condition;

6) means required to eliminate the consequences of an unfavorable environmental situation in order to eliminate the factors that caused its occurrence;

7) types of anthropogenic activities that caused the emergence of an unfavorable environmental situation.

5. In case of insufficiency of the available materials, the commission shall make a proposal to the relevant state body on the need for additional research.

6. Materials of the survey of the territory with the conclusion of the authorized bodies in the field of health, education and science shall be transferred to the authorized body in the field of environmental protection for state environmental expertise.

7. The conclusion of the state environmental expertise should contain a conclusion on the recognition or non-recognition of the territory as a zone of emergency environmental situation or a zone of environmental disaster.

8. Based on the positive conclusion of the state environmental expertise of the authorized body in the field of environmental protection, as well as the conclusions of the authorized state bodies in the field of healthcare, education and science, the territory shall be declared to be as:

1) an environmental emergency zone – by the decision of the authorized body in the field of environmental protection;

2) a zone of environmental disaster - by the law of the Republic of Kazakhstan.

9. The regulatory legal acts, listed in clause 8 of this article, shall indicate:

1) boundaries of an environmental emergency zone or an environmental disaster zone;

2) timing for declaring an environmental emergency zone or an environmental disaster zone;

3) legal regime of an environmental emergency zone or an environmental disaster zone;

4) measures to stabilize and reduce the level of the adverse environmental condition in the relevant territory or an indication of the need for their development;

5) the procedure for classifying to the category of people affected by environmental emergency situation or environmental disasters, and measures of their social protection.

10. Measures for the restoration (reproduction) of natural resources, improvement of the quality of the environment, medical care for the population shall be developed and implemented in a differentiated manner.

Footnote. Article 405 as amended by the Law of the Republic of Kazakhstan dated 27.12.2021 No. 87-VII (shall be enforced ten calendar days after the date of its first official publication); dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 406. Assessment of the environmental situation of the territories

1. The assessment of the environmental situation of the territories shall be carried out on the basis of the main types of criteria using additional or ancillary types of criteria.

2. Criteria for assessing the environmental situation of the territories mean a set of indicators characterizing the deterioration of the health of the population and the quality of the environment.

3. The definition of an environmental emergency zone or an environmental disaster zone shall be carried out according to one or more main and additional indicators that reflect a higher degree of an adverse environmental condition.

4. Criteria of the assessment of the environmental situation shall be established by the authorized body in the field of environmental protection.

Article 407. The legal regime in the zone of environmental emergency situation or environmental disaster zone

1. In case of establishment of the legal regime of a zone of emergency ecological situation or a zone of ecological disaster in a certain territory, the following measures may be imposed:

1) termination or restriction of the activities of facilities that caused the emergence of an unfavorable environmental situation;

2) taking prompt measures to restore (reproduce) the components of the natural environment, improve the quality of the environment;

3) resettlement of the population from places dangerous for human habitation, with the obligatory provision of premises for permanent or temporary residence;

4) establishment of quarantine and implementation of other mandatory sanitary and anti-epidemic measures;

5) performing the necessary actions to provide assistance to animals in case of their illness, threat of their mortality;

6) establishment of a special regime of entry and exit, restriction of the movement of vehicles;

7) establishment of a temporary ban on the construction of new and expansion of existing enterprises and other facilities whose activities are not related to the elimination of an emergency environmental situation or ensuring the livelihoods of the population;

8) introduction of a special procedure for the distribution of food products for affected persons due to unfavorable environmental conditions;

9) prohibition of the construction and operation of facilities that are recognized as representing an increased environmental hazard;

10) establishment of a temporary ban on the use in activities of especially hazardous substances (chemical, radioactive, toxic, explosive, combustible, biological), plant protection products, the combination of properties and (or) features of the state of which can worsen the ecological situation in such a zone;

11) prohibition on the operation of recreational and resort facilities;

12) prohibition or restriction of the implementation of any other activity that poses an increased environmental hazard to people, flora, fauna and other natural objects.

2. State bodies and local executive bodies, within their competence, shall ensure the legal regime in the zone of environmental emergency or zone of environmental disaster and the implementation of measures provided for by the relevant regulatory legal act, by which the territory (water area) was declared a zone of environmental emergency or zone of environmental disaster, and adopted in accordance with it, the documents of the State Planning System in the Republic of Kazakhstan.

Article 408. Compensation for damage to persons affected by an environmental emergency or environmental disaster

Persons affected by an environmental emergency or environmental disaster shall have the right to compensation for the harm caused to them, as well as to social protection in accordance with the legislative acts of the Republic of Kazakhstan.

Article 409. Monitoring of the environmental situation in the zone of ecological emergency and the zone of ecological disaster

1. Monitoring of the environmental situation includes special observations of the state of the environment and public health and related studies.

2. The objects of monitoring the environmental situation in the zone of ecological emergency and the zone of ecological disaster shall be:

1) factors that led to the emergence of an environmental emergency or environmental disaster;

2) negative changes in the state of the environment and public health in the territory of the zone of environmental emergency or zone of environmental disaster, as well as in the territories adjacent to them, including the quality of atmospheric air, surface and ground waters, soils, radiological indicators, as well as biodiversity.

Article 410. Termination of the legal regime of an environmental emergency zone or an environmental disaster zone

On the basis of a positive conclusion of the state environmental expertise and survey materials indicating the normalization of the environmental situation, the legal regime of the environmental emergency zone may be terminated by the decision of the authorized body in the field of environmental protection, and the legal regime of the environmental disaster zone - by the law of the Republic of Kazakhstan.

Footnote. Article 410 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 411. Liability for violation of a legal regime of a zone of ecological emergency or zone of ecological disaster

Individuals and legal entities, state bodies and officials guilty of violating the legal regime of an environmental emergency zone or an environmental disaster zone shall be liable in accordance with the laws of the Republic of Kazakhstan.

SPECIAL PART SECTION 22. INTERNATIONAL COOPERATION OF THE REPUBLIC OF KAZAKHSTAN IN THE FIELD OF ENVIRONMENTAL PROTECTION Article 412. Principles of international cooperation of the Republic of Kazakhstan in the field of environmental protection

The Republic of Kazakhstan carries out international cooperation in the field of environmental protection in accordance with the generally recognized principles and norms of international law and international treaties of the Republic of Kazakhstan in the field of environmental protection.

Article 413. International treaties of the Republic of Kazakhstan in the field of environmental protection

1. The procedure for concluding, implementing, amending and terminating international treaties in the field of environmental protection shall be regulated by the legislation of the Republic of Kazakhstan on international treaties.

2. Implementation of international treaties in the field of environmental protection may include:

1) development and approval of a plan of necessary actions to ensure their implementation;

2) assignment of the state body responsible for ensuring the implementation of an international treaty in the field of environmental protection;

3) conducting a continuous analysis of the effectiveness of the participation of the Republic of Kazakhstan in international agreements in the field of environmental protection;

4) implementation of cross-border procedures.

SECTION 23. LIABILITY FOR ENVIRONMENTAL VIOLATIONS AND RESOLUTION OF ENVIRONMENTAL DISPUTES Article 414. Liability for environmental violations

1. Violation of the requirements of the environmental legislation of the Republic of Kazakhstan shall entail liability established by the laws of the Republic of Kazakhstan.

2. Bringing to administrative or criminal liability shall not release the perpetrators from the obligation to eliminate the violations they committed of the requirements of the environmental legislation of the Republic of Kazakhstan.

Article 415. Resolution of environmental disputes

1. Environmental disputes shall be understood to mean disputes arising in connection with a violation or risk of violation of the requirements of the environmental legislation of the Republic of Kazakhstan.

2. Environmental disputes shall be subject to settlement in accordance with the procedure prescribed by the legislative acts of the Republic of Kazakhstan.

SECTION 24. FINAL AND TRANSITIONAL PROVISIONS Article 416. Procedure for enforcement of this Code

1. This Code shall come into force from July 1, 2021, except for the cases, provided for by article 418 of this Code.

2. To recognize as invalid the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 (Gazette of the Parliament of the Republic of Kazakhstan, 2007, No. 1, p.1; No. 20, p.152; 2008, No. 21, p.97; No. 23, p.114; 2009, No. 11-12, p.55; No. 18, p.84; No. 23, p.100; 2010, No. 1-2, p.5; No. 5, p.23; No. 24, p.146; 2011, No. 1, p.2, 3, 7; No. 5, p.43; No. 11, p.102; No. 12, p.111; No. 16, p.129; No. 21, p.161; 2012, No. 3, p.27; No. 8, p.64; No. 14, p.92, 95; No. 15, p.97; No. 21-22, p.124; 2013, No. 9, p.51; No. 12, p.57; No. 14, p.72, 75; 2014, No. 1, p.4; No. 2, p.10; No. 7, p.37; No. 10, p.52; No. 12, p.82; No. 14, p.84; No. 19-I, 19-II, p.96; No. 21, p.122; No. 23, p.143; No. 24, p.145; 2015, No. 8, p.42; No. 11, p.57; No. 20-IV, p.113; No. 20-VII, p.115; No. 22-I, p.141; No. 22-II, p.144; No. 22-V, p.156; 2016, No. 1, p.2; No. 6, p.45; No. 7-II, p.56, 57; No. 8-II, p.71, 72; No. 24, p.124; 2017, No. 4, p.7; No. 7, p.14; No. 9, p.17; No. 12, p.34; No. 23-III, p.111; No. 23-V, p.113; 2018, No. 10, p.32; No. 19, p.62; No. 24, p.93; 2019, No. 7, p.37; No. 19-20, p.86; No. 21-22, p.91; No. 23, p.103; 2020, No. 10, p.46; No. 12, p.61; Law of the Republic of Kazakhstan dated November 9, 2020 “On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the issues of energy sector, transport and state awards”, published in newspapers “Yegemen Kazakhstan” and “Kazakhstanskaya Pravda” on November 10, 2020).

Article 417. Procedure for application of this Code

This Code shall apply to legal relations arising after its entry into force.

Article 418. Transitional provisions

1. The authorized body in the field of environmental protection shall ensure the development and approval of environmental quality standards no later than January 1, 2024.

Prior to the approval of environmental quality standards, when regulating relevant relations, instead of environmental quality standards, hygienic standards shall apply, approved by the state body in the field of sanitary and epidemiological welfare of the population in accordance with the legislation of the Republic of Kazakhstan in the field of public health, as well as standards for the state of natural resources, if such standards are established in accordance with the legislation of the Republic of Kazakhstan for the relevant type of natural resources (water, forestry, land legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on the protection, reproduction and use of wildlife).

2. Positive conclusions of the state environmental expertise or a comprehensive non-departmental expertise issued before July 1, 2021 shall remain in force for the duration of their validity. In relation to projects of the proposed activity for which there are valid positive conclusions of the state environmental review or a comprehensive non-departmental review issued before July 1, 2021, an environmental impact assessment or screening of the impacts of the proposed activity in accordance with the provisions of this Code shall not be required.

The operator of a category I facility, which is operated on the basis of a comprehensive environmental permit issued before July 1, 2021, has the right to adjust the standards for maximum permissible emissions and discharges of pollutants, waste disposal standards established in the conclusion of the state environmental assessment, on the basis of which such a comprehensive environmental permit was issued, by developing draft emission standards, draft waste management programs in accordance with this Code. Such draft emission standards and draft waste management programs are objects of the state environmental expertise for the purposes of Article 87 of this Code. The conclusion of the state environmental assessment is issued for such drafts.

The total annual limits of emissions, discharges and landfills, which are justified in the draft documents specified in part two of this paragraph, should not exceed the corresponding general annual standards (limits) established in the conclusion of the state environmental expertise, on the basis of which a comprehensive environmental permit was issued before July 1, 2021.

3. Operators of facilities put into operation before July 1, 2021, or facilities not put into operation, in respect of which, before July 1, 2021, positive conclusions of the state environmental review or a comprehensive non-departmental review were issued, which were recognized as subjects of special nature management in accordance with the Environmental Code of the Republic of Kazakhstan dated January 9, 2007, shall be obliged to submit an application to the authorized body in the field of environmental protection no later than August 1, 2021 in order to classify the relevant objects to categories I, II, III and IV in accordance with the provisions of this Code.

The form of the application, the procedure for its consideration and determination of the category of the object in accordance with the requirements of this Code shall be approved by the authorized body in the field of environmental protection.

4. The requirements of this Code on the mandatory availability of a complex environmental permit shall come into force on January 1, 2025 and do not apply to category I facilities commissioned before July 1, 2021, and to category I facilities that have not been commissioned, for projects of which up to 1 July 2021, a positive conclusion of the state environmental review or a comprehensive non-departmental review was issued, with the exception of cases provided for in part three of this clause.

With regard to objects of category I specified in part one of this clause, it shall be mandatory to have an environmental permit for impacts, except for cases of voluntary receipt of a complex environmental permit in accordance with this Code, as well as cases provided for in part three of this clause, clauses 5 and 8 of this articles. The issuance of environmental permits for impacts for such objects of category I shall be carried out by the authorized body in the field of environmental protection.

Obtaining of a complex environmental permit shall be mandatory for the facilities specified in part one of this clause in the event of their planned reconstruction, the projects of which do not have a valid positive conclusion from the state environmental review or a comprehensive non-departmental review issued before July 1, 2021. Reconstruction of an object of category I shall be understood to mean a significant change in the purpose, technical and technological characteristics or operating conditions of the object by expanding it, technical re-equipment, modernization, re-equipment, re-profiling.

5. Complex environmental permits, issued before July 1, 2021 in accordance with the Environmental Code of the Republic of Kazakhstan dated January 9, 2007, including the technological specific standards specified in them, shall remain in force until January 1, 2031, provided they comply with the conclusions on the best available techniques in their respective areas of application.

The authorized body in the field of environmental protection, with the involvement of internal and external experts with the necessary knowledge and experience in existing areas of application of the best available techniques, shall assess the conformity of the results achieved following the results of the full implementation of the program for the introduction of the best available technologies under the terms of integrated environmental permits issued until July 1, 2021, conclusions on the best available techniques in the manner and terms established by the rules for issuing environmental permits. Based on the results of such an assessment, the authorized body in the field of environmental protection shall issue a conclusion on the compliance or non-compliance of a complex environmental permit with the conclusions on the best available techniques for their respective areas of application. Such conclusion shall be published on the official Internet resource of the authorized body in the field of environmental protection within five working days after its issuance.

Within six months from the date of issuance by the authorized body in the field of environmental protection of the opinion on the non-compliance of a complex environmental permit with the conclusions on best available techniques in their respective areas of application, the operator of the Category I facility shall coordinate with by the authorized body in the field of environmental protection the amendments in the program to such a complex environmental permit, the term of which cannot exceed six years.

6. The subordinate organization of the authorized body in the field of environmental protection, which functions as the Bureau of Best Available Techniques, shall ensure the development of best available techniques guides for all areas of best available techniques by July 1, 2023.

When developing guides on the best available techniques for operating objects of category I, intended for wastewater treatment using centralized sewerage systems of settlements or the production of heat and (or) electric energy mainly for the purpose of supplying settlements, technical and technological features of such facilities should be additionally taken into account. objects, as well as the economic and social conditions of the Republic of Kazakhstan, which determine the technical and economic availability of the best available techniques for implementation at the indicated objects of category I.

7. The authorized body in the field of environmental protection shall ensure the approval of conclusions on the best available techniques in all areas of their application no later than December 31, 2023.

Prior to the approval by the Government of the Republic of Kazakhstan of conclusions on the best available techniques, facility operators shall have the right, when obtaining of a complex environmental permit and substantiating technological standards, to refer to reference books on best available techniques for their respective areas of application, developed within the framework of the European Bureau for Integrated Control and Prevention environmental pollution, as well as the decisions of the European Commission on the approval of conclusions on the best available techniques for their respective areas of application.

Complex environmental permits issued in accordance with part two of this clause shall be valid and remain in force during the period of their validity, provided that the technological standards laid down in them comply with the technological indicators associated with the use of the best available techniques established in the approved conclusions on the best available techniques for their respective areas of application.

8. Permits for emissions into the environment, emission standards (hereinafter referred to as the permits and documents) received before July 1, 2021 by operators operating at facilities classified as category I or II facilities from July 1, 2021, shall be valid until the expiration date validity of such permits and documents or until the day of receipt of an environmental permit in accordance with this Code.

9. Operators of facilities put into operation before July 1, 2021 and classified in accordance with clause 3 of this article from the date of entry into force of this Code to category III facilities shall be required to submit an environmental impact declaration in accordance with this Code no later than December 31 2021.

10. Validity of permits for emissions into the environment, emission standards obtained by operators of facilities classified in accordance with clause 3 of this article as:

objects of category III, shall be terminated from the date of submission of the declaration on the impact on the environment in accordance with this Code;

objects of category IV, shall be terminated from July 1, 2021.

11. If it is impossible for a stationary source and (or) a set of stationary sources located at an operating facility of category I to comply with emission standards (when the state introduces more stringent environmental quality standards or environmental quality targets) and (or) technological standards established in the complex environmental permit in accordance with this Code, as an annex to the integrated environmental permit, an environmental efficiency improvement program for a period of not more than ten years shall be agreed. For such an object of category I, for the period of implementation of the program to improve environmental efficiency, emission standards shall apply in accordance with the environmental permit and the conclusion of the state environmental expertise (if any), valid on the date of filing an application for a complex environmental permit. Such emission standards, in the case provided for by subclause 4) of part one of clause 2 of Article 119 of this Code, shall apply taking into account the indicators of a phased reduction in the negative impact on the environment provided for in the program for improving environmental efficiency. Upon reaching each relevant indicator of a phased reduction in the negative impact on the environment, such an indicator shall become a mandatory standard for the operator.

If it is impossible for a stationary source and (or) a set of stationary sources located at an operating facility of category I or II to comply with the emission standards (if the state introduces more stringent environmental quality standards or environmental quality targets) established in the environmental permit for exposure in accordance with this Code, an action plan for environmental protection shall be agreed as an annex to the environmental impact permit. In relation to such an object, for the period of implementation of the environmental action plan, emission standards shall apply in accordance with the environmental permit and the conclusion of the state environmental expertise (if any), valid on the date of filing an application for an environmental permit for impact. The environmental action plan should contain indicators for reducing the negative impact on the environment, which should be achieved by the facility operator during the period of the environmental action plan, and a schedule for the phased achievement of such indicators. Upon reaching each relevant indicator of a phased reduction in the negative impact on the environment, such an indicator shall become a mandatory standard for the operator.

The timing for the implementation of the environmental protection action plan should correspond to the timing for issuing an environmental impact permit and is not subject to extension.

Compliance with the emission standards and (or) technological standards established in the integrated environmental permit in accordance with this Code shall become mandatory for the operator of an existing facility of category I from the date following the date of completion of the deadline for achieving the relevant emission standards, technological standards.

Compliance with the emission standards established in the environmental permit in accordance with this Code shall become mandatory for the operator from the date following the date of completion of the deadline for achieving the relevant emission standards.

In this article, operating facilities shall be understood to mean facilities put into operation before the entry into force of this Code.

12. In relation to objects of category I or II, subject to final decommissioning within ten years for objects of category I or three years for objects of category II from the date of entry into force of this Code in accordance with the approved schedule, which is an annex to the relevant environmental permit, emission standards shall apply in accordance with the permit for emissions into the environment valid as of July 1, 2021.

For the period of implementation of measures to decommission category I or II facilities in accordance with part one of this paragraph, the inclusion of measures to achieve emission standards in plans for environmental protection and the development of programs to improve environmental efficiency shall not be required.

13. For the purposes of subclause 3) of clause 5 of article 22 of this Code the authorized body in the field of environmental protection shall approve the relevant instructive and methodological documents, including the methodology for calculating emissions of heavy metals and persistent organic pollutants, no later than July 1, 2024.

14. The provisions of this Code in relation to conducting the mandatory strategic environmental assessment shall be enforced from January 1, 2024.

15. in relation of existing objects of category I, the duration of terms, established by clauses 5 and 6 of article 147 of this Code, shall start from July1, 2021.

16. For facilities put into operation before July 1, 2021, the requirement of this Code on the mandatory availability of an automated emission monitoring system shall apply from January 1, 2023.

17. In relation to the existing landfills for the disposal of waste from the metallurgical processing, for which positive conclusions of the state environmental review were issued before July 1, 2021, the application of the requirements of subclauses 1) and 2) of clause 1 of article 353 of this Code regarding the distance from the border of the landfill to residential and recreational areas, water bodies, agricultural land and settlements, the presence of underground, surface water and their water protection zones and strips shall be suspended until January 1, 2036.

In relation to existing storage facilities for mining waste, accumulation sites and landfills for disposal of waste from the metallurgical processing, for which positive conclusions of the state environmental review were issued before July 1, 2021, the application of the requirements of subclauses 1), 2), 3) and 5) of clause 5 of article 238 of this Code regarding the prohibition of placement in populated areas, location relative to water bodies and their water protection zones, the standing level of groundwater, the presence of weakly filtering soils, slope on the ground and engineering anti-filtration protection shall be suspended until January 1, 2036.

Reconstruction (expansion) of landfills and waste storage facilities specified in parts one and two of this clause shall be allowed after an environmental impact assessment, obtaining an environmental permit (if there is a complex environmental permit - its revision) and taking into account the operator's obligation to conduct monitoring of environmental impact, in case of detection of negative impact on the environment - after agreement with by the authorized body in the field of environmental protection of additional environmental protection measures in order to eliminate such impact.

18. The carbon budget for the period from 2021 to 2025 shall be developed and approved by December 31, 2021.

The period of the first National Carbon Quota Plan approved after July 1, 2021 shall be the period from 2022 to 2025.

19. Business entities carrying out activities for the processing, neutralization, disposal and (or) destruction of hazardous waste shall be required to obtain a license in accordance with clause 1 of article 336 of this Code by December 31, 2021.

Footnote. Article 418 as amended by the Law of the Republic of Kazakhstan dated 05.07.2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

President of the Republic of Kazakhstan

K. TOKAYEV

Annex 1 to the Environmental Code of the Republic of Kazakhstan dated January 2, 2021 No. 400-VI ЗРК

Section 1. List of types of proposed activities and objects for which environmental impact assessment is mandatory

1. Energy sector:

1.1. oil refinery plants (with the exception of enterprises producing exclusively lubricants from crude oil);

1.2. gas processing plants;

1.3. units for gasification and liquefaction of coal and oil shale with a capacity of 500 tons per day or more;

1.4. units for the thermal or chemical processing of coal or oil shale, including the production of carbon by high-temperature carbonization (dry distillation) of coal or electrographite by roasting or graphitization;

1.5. thermal power plants and other fuel combustion units with a thermal input of 300 megawatts (MW) or more;

1.6. nuclear power plants and other nuclear reactors, including the dismantling or decommissioning of such power plants or reactors (excluding research facilities for the production and conversion of fissile and fertile materials, the maximum power of which does not exceed 1 kilowatt (kW) of constant thermal load);

1.7. units for reprocessing irradiated nuclear fuel;

1.8. units intended:

1.8.1. for the production or enrichment of nuclear fuel;

1.8.2. for processing irradiated nuclear fuel or highly radioactive waste;

1.8.3. for the final removal of irradiated nuclear fuel;

1.8.4. exclusively for the final disposal of radioactive waste;

1.8.5. exclusively for long-term storage (planned for a period of more than 10 years) of irradiated nuclear fuel or radioactive waste in other locations outside the production facility.

2. Subsoil use:

2.1. oil and natural gas production for commercial purposes, in which the recoverable amount exceeds 500 tons per day for oil and 500 thousand m³ per day for gas;

2.2. quarries and open-pit mining of solid minerals in an area exceeding 25 ha, or peat extraction in which the area exceeds 150 ha;

2.3. primary processing (beneficiation) of solid minerals extracted from the subsoil;

2.4. asbestos mining facilities;

2.5. carrying out works on reclamation of disturbed lands and other objects of subsoil use.

3. Production and processing of metals:

3.1. units for roasting or sintering metal ores (including sulfide ore);

3.2. integrated enterprises (integrated plants) for the primary smelting of iron and steel;

3.3. units for the production of non-deoxidized non-ferrous metals from ores, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

4. Processing of non-metallic minerals:

4.1. facilities for processing and transforming asbestos and products containing asbestos:

4.1.1. for asbestos-cement products - with an annual production of more than 20 thousand tons of finished products;

4.1.2. for friction materials - with an annual production of more than 50 tons of finished products;

4.1.3. for other uses of asbestos - consumption of more than 200 tons per year.

5. Chemical industry:

5.1. integrated chemical enterprises (plants) - a set of technological installations in which several technological stages are connected and functionally connected with each other for the production on an industrial scale of the following substances using chemical transformation processes:

5.1.1. basic organic chemicals:

simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

oxygenated hydrocarbons: alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins;

sulfurous hydrocarbons;

nitrogenous hydrocarbons: amines, amides, nitrogen compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates;

phosphorus-containing hydrocarbons;

halogenated hydrocarbons;

organometallic compounds;

basic plastic materials (polymers, synthetic fibers and fibers based on cellulose);

synthetic rubber;

paints and pigments;

surfactants;

5.1.2. basic inorganic chemicals:

gases: ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulfur compounds, nitrogen oxides, hydrogen, sulfur dioxide, carbon chlorine;

acids: chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulfuric acid, oleum, sulfurous acid;

alkalis: ammonium hydroxide, potassium hydroxide, sodium hydroxide;

salts: ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate;

non-metals, metal oxides or other inorganic compounds: calcium carbide, silicon, silicon carbide;

5.1.3. phosphorus, nitrogen or potash mineral fertilizers (simple or compound fertilizers);

5.1.4. pesticides and biocides;

5.1.5. basic pharmaceutical products using biological or chemical processes;

5.1.6. explosives.

6. Waste management:

6.1. facilities for the disposal of hazardous waste by incineration (incineration), chemical treatment or disposal at a landfill;

6.2. facilities for the disposal of non-hazardous waste by incineration (incineration) or chemical treatment with a capacity exceeding 100 tons per day.

7. Pulp and paper production:

7.1. industrial units for:

7.1.1. production of pulp from wood or similar fibrous materials;

7.1.2. production of paper and cardboard with a production capacity of 200 tons per day or more.

8. Road, rail and air transport:

8.1. construction of long-distance railway lines;

8.2. construction of airports with a main runway length of 2100 m or more;

8.3. construction of new and (or) reconstruction of existing public roads of technical category I with a continuous length of 10 km or more.

9. Water transport:

9.1. inland waterways and ports for inland navigation, allowing the passage of ships with a displacement of more than 1350 tons;

9.2. commercial ports, loading and unloading berths associated with coastal and offshore ports (excluding ferry berths) that can accommodate ships over 1,350 tons.

10. Water resource management:

10.1. works on the transfer of water resources between river basins, in which the volume of transferred water exceeds 100 million m³ per year (with the exception of the transfer of tap drinking water);

10.2. dams and other facilities designed to retain or permanently store water, for which the new or additional amount of retained or stored water exceeds 10 million m3;

10.3. abstraction of surface and groundwater or use of an artificial groundwater recharge system with an annual volume of abstracted or replenished water equivalent to or greater than 10 million m3;

10.4. wastewater treatment units of settlements with a capacity of 30 thousand m3 per day or more.

11. Intensive rearing of poultry or pigs:

11.1. more than 50 thousand heads for poultry;

11.2. more than 2 thousand heads for pigs (weighing more than 30 kg);

11.3. more than 750 heads for sows.

12. Other types of activities:

12.1. pipelines for the transportation of gas, oil or chemicals with a diameter of more than 800 mm and (or) a length of more than 40 km;

12.2. units for tanning leather and hides, where the processing volume exceeds 12 tons of processed products per day;

12.3. construction of overhead power lines with a voltage of 220 kilovolts or more and a length of more than 15 km;

12.4. processing and reprocessing for the purpose of producing food products from:

12.4.1. animal raw materials (other than milk) with a capacity for the production of finished products exceeding 75 tons per day;

12.4.2. milk, the amount of which exceeds 200 tons per day (average on an annual basis);

12.5. units for the disposal and (or) disposal of animal carcasses or animal waste with a processing capacity exceeding 1 ton per day;

12.6. units for the storage of oil, petrochemical or chemical products with a capacity of 200 thousand tons or more, as well as underground storage of natural gas with an active storage volume of more than 150 million m3;

12.7. units for the surface treatment of substances, objects or products using organic solvents, in particular for finishing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a production capacity of more than 150 kg per hour or more than 200 tons per year.

Section 2. The list of types of proposed activities and objects for which the procedure for screening the impacts of the proposed activity is mandatory

1. Energy sector:

1.1. units for gasification and liquefaction of coal, oil shale, other types of fuel with a capacity of 50 tons per day or more;

1.2. units for the processing of coal (hard and brown), with the exception of thermal and chemical processing of hard coal, with a capacity of 1 million tons per year or more;

1.3. thermal power plants and other fuel combustion installations with a thermal input of 50 megawatts (MW) or more;

1.4. industrial installations for the production of electricity, steam and hot water with a capacity of 50 megawatts (MW) or more;

1.5. hydroelectric power plants with a total installed capacity of 50 megawatts (MW) or more, or with an installed capacity of a separate power plant of 10 megawatts (MW) or more;

1.6. facilities for using wind energy for the production of electricity with a mast height exceeding 50 meters (windmills);

1.7. industrial briquetting of hard and brown coal;

1.8. facilities for the processing and storage of radioactive waste.

2. Subsoil use:

2.1. exploration and production of hydrocarbons;

2.2. quarries and open pit mining of solid minerals; open pit coal mining over 100 thousand tons per year, lignite mining over 200 thousand tons per year;

2.3. exploration of solid minerals with the extraction of rock mass and the movement of soil for the purposes of estimating solid mineral resources;

2.4. any prospecting work carried out in riverbeds or on lands of the water fund with the use of mechanization;

2.5. extraction and reprocessing of common minerals over 10 thousand tons per year;

2.6. underground mining of solid minerals;

2.7. offshore or river mining with excavation;

2.8. ground industrial facilities for the extraction of coal, oil, natural gas and ores, as well as oil shale;

2.9. deep drilling (with the exception of drilling for the study of soil stability), in particular:

2.9.1. drilling of geothermal wells to a depth of 200 m or more;

2.9.2. nuclear waste storage drilling;

2.9.3. drilling for water supply to a depth of 200 m or more;

2.10. carrying out works on reclamation of disturbed lands and other objects of subsoil use.

3. Production and processing of metals:

3.1. units for the production of pig iron or steel (primary or secondary smelting), including continuous casting with a capacity of 2.5 tons per hour or more;

3.2. units for processing of ferrous metals:

3.2.1. hot rolling mills with a capacity exceeding 20 tons of raw steel per hour;

3.2.2. forging hammers with an energy greater than 50 kilojoules (kJ) per hammer and a heat input greater than 20 megawatts (MW);

3.2.3. application of protective sprayed metal coatings with a raw steel supply exceeding 2 tons per hour;

3.2.4. casting of ferrous metals with a production capacity exceeding 20 tons per day;

3.3. units for:

3.3.1. smelting, including alloying, non-ferrous metals (excluding precious metals), including recovered products (refining, foundry, etc.), with a melting capacity exceeding:

4 tons per day - for lead and cadmium;

20 tons per day - for all other non-ferrous metals;

3.3.2. surface treatment of metals and plastic materials using electrolytic or chemical processes in which the volume of vats used for treatment exceeds 30 m³;

3.4. enterprises for the production and industrial assembly of automobiles;

3.5. enterprises for the production of automobile engines;

3.6. shipyards (shipbuilding and ship repair production);

3.7. enterprises for the production and repair of aircraft, helicopters;

3.8. enterprises for the production of railway vehicles, tanks;

3.9. production of railway equipment;

3.10. workshops using explosion molding with a production area of more than 100 m².

4. Reprocessing of non-metallic minerals:

4.1. cement plants with a production capacity of 15 thousand tons per year or more;

4.2. units for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tons per day, or lime in rotary kilns with a production capacity exceeding 50 tons per day, or in other kilns with a production capacity exceeding 50 tons per day;

4.3. enterprises for the production of asbestos and the manufacture of asbestos products;

4.4. units for the production of glass and fiberglass with a melting capacity of 20 tons per day or more;

4.5. units for the melting of mineral substances, including the production of mineral fibers, with a melting capacity of 20 tons per day or more;

4.6. units for the production of ceramic products by firing, in particular roof tiles, bricks, refractory bricks, ceramic tiles, stoneware or porcelain products, with a production capacity exceeding 75 tons per day or more, and (or) using kilns with a density of charge per oven exceeding 300 kg/m³.

5. Chemical industry:

5.1. processing of chemical semi-finished products, production of chemical products (chemicals), pharmaceutical products, with the exception of the production of pharmaceutical potassium salts (chloride, sulfate, potash), varnishes, elastomers and peroxides, with a production capacity of 200 tons per year or more;

5.2. units for the destruction of explosives, ammunition, weapons and pyrotechnic products using chemical processes;

5.3. chemical units in which chemical or biological processes are used to produce protein feed additives, enzymes and other protein substances.

6. Waste management:

6.1. facilities where hazardous waste disposal or recovery operations are carried out, with a capacity of 500 tons per year or more;

6.2. municipal waste incinerators with a capacity exceeding 3 tons per hour;

6.3. landfills where more than 10 tons of non-hazardous waste are received per day, or with a total capacity exceeding 25 thousand tons, excluding inert waste landfills;

6.4. sites where non-hazardous waste disposal operations are carried out, with a capacity exceeding 50 tons per day;

6.5. facilities where non-hazardous waste disposal or recovery operations are carried out, with a capacity exceeding 2500 tons per year;

6.6. tailing facilities;

6.7. production of construction materials from waste generated at thermal power plants;

6.8. sites for storage of scrap iron and (or) vehicles subject to recycling on the territory exceeding 1 thousand m², or in the amount of more than 1 thousand tons per year;

6.9. waste sorting enterprises with a production capacity of over 10 thousand tons per year;

6.10. open and closed warehouses for hazardous waste containing persistent organic pollutants, highly toxic substances, with a storage area of more than 100 m².

7. Transport:

7.1. construction of airports and aerodromes;

7.2. construction of roads with a length of 1 km or more and (or) with a capacity of 1 thousand vehicles per hour or more;

7.3. tram lines, elevated lines, subways, overhead lines or other similar lines used exclusively or primarily for the transport of passengers;

7.4. construction of inland waterways, canal laying and flood prevention works;

7.5. construction of water ports and port facilities, including fishing harbors.

8. Water resource management:

8.1. works on the transfer of water resources between basins and river systems, in which the volume of transferred water exceeds 5 million m³ per year (with the exception of the transfer of tap drinking water);

8.2. dams and other structures designed to retain or permanently store water, where the new or additional volume of retained or stored water exceeds 100 thousand m³;

8.3. abstraction of surface and ground waters or systems of artificial recharge of ground waters with an annual volume of abstracted or replenished water equivalent to or exceeding 250 thousand m³;

8.4. works in the coastal zone of water bodies aimed at erosion control, construction of dams, breakwaters, jetties and other protective structures, excluding the maintenance and reconstruction of such structures;

8.5. wastewater treatment facilities with a capacity of more than 5 thousand m³ per day.

9. Pulp and paper and woodworking industry:

9.1. industrial enterprises for the production of paper and cardboard with a capacity of 20 tons per day or more;

9.2. production of chipboard and fiberboard using synthetic resins as binding materials with a capacity of 200 m3 per day.

10. Other types of activities:

10.1. pipelines and industrial facilities for the transportation of oil, chemicals, gas, steam and hot water with a length of more than 5 km;

10.2. transmission of electricity by overhead power lines from 110 kilovolts (kW);

10.3. livestock farms:

10.3.1. facilities for breeding poultry (5 thousand heads and more);

10.3.2. for growing and breeding pigs (500 heads and more), sows (100 heads and more);

10.3.3. for cattle breeding (1500 head and more);

10.3.4. for sheep breeding (15 thousand heads and more);

10.4. ground storage facilities for organic fuels with a capacity of more than 10 thousand tons;

10.5. natural gas storage facilities with a capacity of over 10,000 m3;

10.6. units for pre-treatment (washing, bleaching, mercerization), dyeing of fibers or textiles, where the volume of processed materials exceeds 10 tons per day;

10.7. enterprises for tanning hides and skins;

10.8. slaughterhouses with capacities for processing carcasses from 10 tons per day;

10.9. meat processing enterprises (meat processing plants), including bases for pre-slaughter keeping of livestock within a three-day supply of livestock, with a capacity of over 5 thousand tons of products per year;

10.10. packaging and preservation of meat from cattle and vegetable products with a capacity of over 100 thousand tons per year;

10.11. enterprises for the production of fishmeal and fish oil (over 5 thousand tons of products per year);

10.12. production of vegetable and animal oils and fats from 20 thousand tons per year;

10.13. brewing and malting over 1500 liters per day;

10.14. production of food alcohol over 5 thousand liters per day;

10.15. enterprises for the industrial production of starch (over 50 thousand tons of products per day);

10.16. sugar factories with a capacity of over 150 thousand tons of products per year;

10.17. production of confectionery and syrups with a capacity of over 10 thousand tons of products per year;

10.18. production of dairy products over 5 thousand liters per day;

10.19. installations for the elimination of animal corpses; cattle burial grounds with the burial of animal corpses in pits;

10.20. gluing plants that make glue from the remains of skin, field and dump bones and other animal waste and garbage;

10.21. production of technical gelatin from bone, inner side of hide, skin residues and other animal waste and garbage with their storage in a warehouse;

10.22. recycling plants for the processing of the corpses of dead animals, fish, their parts and other animal waste and garbage (turning into fats, animal feed, fertilizers);

10.23. bone-burning and bone-grinding factories;

10.24. initial afforestation and deforestation for the purpose of converting land for another type of land use;

10.25. storage of manure and litter from 1 ton per day;

10.26. production of phenol-formaldehyde pressed materials, pressed and wound products from paper, fabrics based on phenol-formaldehyde resins;

10.27. production or processing of polymers, elastomers, synthetic rubbers, products based on elastomers with a capacity of more than 1 thousand tons per year;

10.28. places for unloading apatite concentrate, phosphate rock, cement and other dusty cargoes with a cargo turnover of more than 150 thousand tons per year;

10.29. places for transshipment and storage of liquid chemical cargoes and liquefied gases (methane, propane, ammonia and others), production compounds of halogens, sulfur, nitrogen, hydrocarbons (methanol, benzene, toluene and others), alcohols, aldehydes and other chemical compounds;

10.30. stripping and washing and steaming stations, disinfection and washing facilities, cleaning stations for ships, tanks, receiving and treatment facilities designed to receive ballast and washing-oily water from specialized floating collectors;

10.31. placement of facilities and implementation of any types of activities in specially protected natural areas, in their protected and buffer zones.

11. Tourism and leisure:

11.1. boat stations designed for more than 25 ships with a displacement of over 1 ton;

11.2. theme parks on an area of ​​more than 2 hectares;

11.3. ski resorts, recreational complexes, hotel complexes (and related facilities) on an area of more than 1 ha.

12. Activities for the deliberate release of genetically modified organisms into the environment in any new place, the use of genetically modified organisms in closed systems.

13. Proposed activities referred to in section 1 of this annex that are exclusively or primarily for the development and testing of new methods or products.

Note. If the types or objects of activity in Sections 1 and 2 of this Appendix coincide, Section 2 shall include types and objects of activity that have quantitative indicators characterizing them below the threshold values specified in Section 1 of this Appendix.

Appendix 2 to the Environmental Code of the Republic of Kazakhstan dated January 2, 2021 No. 400-VI LRK

Types of planned activities and other criteria on the basis of which the objects having a negative impact on the environment shall be classified as objects of categories I, II or III Section 1. Types of planned activities and other criteria on the basis of which the objects having a negative impact on the environment shall be classified as objects of category I

1. Energy:

1.1. combustion of fuel, with the exception of gas, at stations with a total nominal thermal capacity of 50 megawatts (MW) or more;

1.2. gas-fired power generating stations with a capacity of more than 500 megawatts (MW);

1.3. exploration and production of hydrocarbons, processing of hydrocarbons;

1.4. coke production;

1.5. gasification or liquefaction:

1.5.1. coal;

1.5.2. other types of fuel in installations with a total nominal thermal capacity of 20 megawatts (MW) or more.

2. Production and processing of metals:

2.1. roasting or sintering metal ore (including sulfide ore);

2.2. production of cast iron or steel (primary or secondary smelting), including continuous casting, with a capacity exceeding 2.5 tons per hour;

2.3. processing of ferrous metals:

2.3.1. operation of hot rolling mills with a capacity exceeding 20 tons of raw steel per hour;

2.3.2. operation of forging hammers with an energy capacity exceeding 50 kilojoules (kJ) per hammer, where the thermal power consumption exceeds 20 megawatts (MW);

2.3.3. application of protective sprayed metal coatings with the supply of raw steel exceeding 2 tons per hour;

2.4. casting of ferrous metals with a production capacity exceeding 20 tons per day;

2.5. production and processing of non-ferrous metals:

2.5.1. production of non-deoxidized non-ferrous metals from ores, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;

2.5.2. smelting, including alloying, of non-ferrous metals, including recovered products, and operation of non-ferrous metal foundries with a melting capacity exceeding:

4 tons per day - for lead and cadmium;

20 tons per day - for all other non-ferrous metals;

2.6. surface treatment of metals and plastic materials using electrolytic or chemical processes in technological baths with a total volume of 30 m3 or more.

3. Mineral industry:

3.1. extraction and enrichment of solid minerals, with the exception of common minerals;

3.2. production of cement, lime and magnesium oxide:

3.2.1. production of cement clinker in rotary kilns with a production capacity exceeding 500 tons per day, or in other kilns with a capacity exceeding 50 tons per day;

3.2.2. lime production in furnaces with a production capacity exceeding 50 tons per day;

3.2.3. production of magnesium oxide in furnaces with a production capacity exceeding 50 tons per day;

3.3. production of asbestos or production of products based on asbestos;

3.4. production of glass, including fiberglass, with a melting capacity of more than 20 tons per day;

3.5. melting of mineral substances, including the production of mineral fibers, with a melting capacity exceeding 20 tons per day;

3.6. production of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, ceramic tiles, stone ceramics or porcelain, with a production capacity exceeding 75 tons per day, and (or) with a capacity of kilns exceeding 4 m3, and a density of cages per kiln exceeding 300 kg/m3.

4. Chemical industry:

4.1. industrial production of organic chemicals:

simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

oxygen-containing hydrocarbons: alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins;

sulfurous hydrocarbons;

nitrogen hydrocarbons: amines, amides, nitrogen compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates;

phosphorus-containing hydrocarbons;

halogenated hydrocarbons;

organometallic compounds;

basic plastic materials (polymers, synthetic fibers and cellulose-based fibers);

synthetic rubber;

paints and pigments;

surfactants;

4.2. industrial production of inorganic substances:

gases: ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulfur compounds, nitrogen oxides, hydrogen, sulfur dioxide, carbon chlorine;

acids: chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulfuric acid, oleum, sulfurous acid;

alkalis: ammonium hydroxide, potassium hydroxide, sodium hydroxide;

salts: ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate;

non-metals, metal oxides or other inorganic compounds: calcium carbide, silicon, silicon carbide;

4.3. industrial production of phosphate, nitrogen or potash mineral fertilizers (simple or compound fertilizers);

4.4. industrial production of pesticides and biocides;

4.5. industrial production of pharmaceutical products, except for the production of pharmaceutical salts of potassium (chloride, sulfate, potash);

4.6. industrial production of explosives.

5. Food industry:

5.1. operation of slaughterhouses with a capacity of more than 50 tons per day;

5.2. processing and reprocessing, except for exclusively packaging, of the following raw materials, previously processed or unprocessed, intended for the production of food or feed from:

5.2.1. only animal raw materials (except for exclusively milk) with a production capacity of more than 75 tons per day;

5.2.2. only vegetable raw materials with a production capacity of more than 300 tons per day or 600 tons per day, when the plant operates no more than 90 consecutive days in any year;

5.2.3. raw materials of animal and vegetable origin, both in the form of combined and separate products, with a production capacity of finished products, in tons per day exceeding 75 if "A" is 10 or more, or determined by the formula: 300 – (22,5 × "A") if "A" is less than 10,

where "A" is the share of animal material (as a percentage of weight) in the production of the finished product.

Packaging must not be included in the final weight of the product.

Subparagraph 5.2.3 of paragraph 5.2 does not apply if only milk is used as raw material;

5.3. only processing and reprocessing of milk when the amount of milk received exceeds 200 tons per day (the average value for the year).

6. Waste management:

6.1. disposal and (or) recovery of hazardous waste with a capacity exceeding 10 tons per day, including one or more of the following operations:

6.1.1. biological waste treatment;

6.1.2. physical and chemical treatment of waste;

6.1.3. mixing of waste prior to transfer to another type of activity from those specified in paragraphs 6.1 and 6.2;

6.1.4. repackaging before transfer to the activities specified in paragraphs 6.1 and 6.2;

6.1.5. solvent regeneration;

6.1.6. recirculation (regeneration) of inorganic materials, except for metals or their compounds;

6.1.7. regeneration of acids or bases;

6.1.8. restoration of components used to combat pollution;

6.1.4. repackaging before transfer to the activities specified in paragraphs 6.1 and 6.2;

6.1.9. extraction of components from catalysts;

6.1.10. oil recycling or other types of oil reuse;

6.1.11. placement in surface ponds;

6.2. disposal or recovery of waste in incinerators or co-incineration plants:

6.2.1. for non-hazardous waste - with a capacity exceeding 3 tons per hour;

6.2.2. for hazardous waste - with a capacity exceeding 10 tons per day;

6.3. disposal of non-hazardous waste with a capacity exceeding 50 tons per day, which includes one or more of the following operations:

6.3.1. biological treatment of waste;

6.3.2. physical and chemical treatment of waste;

6.3.3. preliminary treatment of waste for subsequent incineration;

6.3.4. processing of slags and ash;

6.3.5. processing of metal waste in shredders, including waste of electrical and electronic equipment, as well as vehicles with expired service life and their components;

6.4. recovery and (or) disposal of non-hazardous waste with a capacity exceeding 75 tons per day, including one or more of the following operations:

6.4.1. biological treatment of waste;

6.4.2. preliminary treatment of waste for subsequent incineration;

6.4.3. treatment of slags and ash;

6.4.4. processing of metal waste in shredders, including waste of electrical and electronic equipment, as well as vehicles with expired service life and their components.

If the only type of waste treatment activity carried out in paragraphs 6.3 and 6.4 is anaerobic decomposition, then the threshold value for this activity is 100 tons per day;

6.5. landfills that receive more than 10 tons of waste per day, or with a total capacity exceeding 25 thousand tons, excluding inert waste landfills;

6.6. accumulation of hazardous waste not included in paragraph 6.5, in anticipation of any type of activity listed in paragraphs 6.1, 6.2, 6.5 and 6.7 in an amount exceeding 50 tons at the site where waste is generated, with the exception of accumulation in anticipation of collection;

6.7. underground storage of hazardous waste with a total capacity of more than 50 tons.

7. Other activities:

7.1. production in industrial installations:

7.1.1. pulp from wood or other fibrous materials;

7.1.2. paper or cardboard with a capacity exceeding 20 tons per day;

7.1.3. one or more of the following types of wood-based panels: oriented strand board, chipboard or fibreboard (with a production capacity exceeding 600 m3 per day);

7.2. preliminary treatment (washing, bleaching, mercerization) or dyeing of textile fibers or textiles, when the processing capacity exceeds 10 tons per day;

7.3. tanning of hides and skins, in which the processing capacity exceeds 12 tons of finished products per day;

7.4. removal or processing of animal carcasses or animal waste with a processing capacity of more than 10 tons per day;

7.5. intensive rearing of poultry or pigs:

7.5.1. more than 50 thousand heads - for poultry;

7.5.2. more than 2 thousand heads - for pigs (weighing more than 30 kg);

7.5.3. more than 750 heads - for female pigs;

7.6. surface treatment of substances, objects or products, in particular for finishing, printing, coating, degreasing, waterproofing, gluing, painting, cleaning or impregnating, using organic solvents, the consumption of which is more than 150 kg per hour or more than 200 tons per year;

7.7. production of carbon or electrographite by incineration or graphitization;

7.8. capturing carbon dioxide emissions from the facilitiesof category I for the purpose of its geological storage in the subsoil;

7.9. preservation of wood and wood products with chemicals with a capacity exceeding 75 m3 per day, except for processing in order to exclude woody blue;

7.10. complexes of treatment facilities for wastewater discharged by the facilities of category I, except for the treatment of municipal wastewater;

7.11. facilities for wastewater treatment of centralized water disposal (sewerage) systems with a capacity of 20 thousand m3 per day or more;

7.12. operation of nuclear installations, including nuclear power plants (with the exception of zero-power research nuclear installations);

7.13. extraction of uranium and thorium ores, enrichment of uranium and thorium ores, production of nuclear fuel;

7.14. exploitation:

7.14.1. radiation sources (with the exception of radiation sources containing only radionuclide sources of the fourth and fifth categories of radiation hazard) provided that there are sources of emissions and discharges of radioactive substances into the environment at the facility;

7.14.2. storage facilities for nuclear materials and radioactive substances, storage facilities, radioactive waste storage facilities, the storage facilities for radioactive waste.

Section 2. Types of planned activities and other criteria on the basis of which objects that have a negative impact on the environment shall be classified as objects of category II

1. Energy:

1.1. provision of electricity, gas and steam using equipment with an installed electrical capacity of less than 50 megawatts (MW);

1.2. gas production by gasification and (or) liquefaction of solid fuels, with the exception of coal, in installations with a total rated thermal input of less than 20 megawatts (MW);

1.3. gas-fired power generating stations with a capacity of 10 megawatts (MW) or more.

2. Production and processing of metals:

2.1. metallurgical production using equipment:

2.1.1. for the production of iron or steel (primary or secondary smelting), including continuous casting plants (with a capacity of less than 2.5 tons per hour);

2.1.2. for the processing of ferrous metals using hot rolling mills (with a design capacity of less than 20 tons of raw steel per hour);

2.1.3. for applying protective sprayed metal coatings with a supply of raw steel less than 2 tons per hour;

2.1.4. for foundry production of ferrous metals with a capacity of less than 20 tons per day;

2.1.5. for smelting, including alloying, refining and pouring of non-ferrous metals (with a design smelting capacity of less than 4 tons per day for lead and cadmium, or less than 20 tons per day for other metals);

2.2. surface treatment of metals and plastic materials using electrolytic or chemical processes in technological baths with a total volume of less than 30 m3.

3. Mineral industry:

3.1. production:

3.1.1. cement clinker in rotary kilns with a production capacity not exceeding 500 tons per day, or in other kilns with a production capacity not exceeding 50 tons per day;

3.1.2. lime (quicklime, slaked) in kilns with a production capacity of less than 50 tons per day;

3.1.3. magnesium oxide in furnaces with a production capacity of less than 50 tons per day;

3.1.4. glass and glass products, including fiberglass, with a melting capacity of less than 20 tons per day;

3.1.5. non-metallic mineral products using equipment for melting mineral substances, including the production of mineral fibers with a melting capacity of not more than 20 tons per day;

3.1.6. refractory ceramic products and building ceramic materials with a design capacity of less than 1 million pieces per year;

3.1.7. ceramic or porcelain products, except for refractory ceramic products and building ceramic materials, with a production capacity not exceeding 75 tons per day, and (or) using kilns with a charge density per kiln not exceeding 300 kg/m3.

4. Food industry:

4.1. production:

4.1.1. meat and meat products with a production capacity of not more than 75 tons of finished products per day;

4.1.2. vegetable and animal oils and fats (with a design capacity less than those specified in subparagraphs 5.2.2 and 5.2.3 of paragraph 5.2 of section 1 of this Appendix);

4.1.3. products from potatoes, fruits and vegetables (with a design capacity of at least 300 tons of finished products per day (quarterly average);

4.1.4. dairy products (with a design capacity of less than 200 tons of processed milk per day (annual average).

5. Transport and infrastructure facilities:

5.1. ports located on inland waterways (allowing the passage of ships with a displacement of 1350 tons or more);

5.2. seaports;

5.3. facilities intended for the reception, dispatch of aircraft and maintenance of air transportation (if there is a runway length of 2100 m or more);

5.4. railway transport infrastructure facilities.

6. Waste management:

6.1. hazardous waste disposal facilities;

6.2. facilities where operations are carried out to remove or restore hazardous waste, with a capacity of 250 tons per year or more;

6.3. facilities where hazardous waste disposal operations are carried out;

6.4. facilities where operations for decontamination, neutralization and (or) destruction of biological and medical waste are carried out;

6.5. municipal waste incineration plants with a capacity not exceeding 3 tons per hour;

6.6. facilities where operations to remove non-hazardous waste are carried out, with a capacity not exceeding 50 tons per day;

6.7. facilities where operations out to remove or restore non-hazardous waste are carried with a capacity exceeding 2500 tons per year;

6.8. production of building materials from waste from thermal power plants;

6.9. waste sorting enterprises with a production capacity of over 10 thousand tons per year;

6.10. storage sites for scrap iron and (or) vehicles to be disposed of on the area exceeding 1 thousand m2, or in an amount of more than 1 thousand tons;

6.11. dumps formed during the extraction of solid minerals (except for common minerals) or during the extraction of peat, prospecting;

6.12. accumulation of hazardous waste with a mass exceeding 5 tons, with the exception of accumulation pending collection, at the site where waste is generated;

6.13. open and closed warehouses of hazardous waste containing persistent organic pollutants, highly toxic substances, with a storage area of more than 100 m2.

7. Other activities:

7.1. production of paper and cardboard (with a capacity not exceeding 20 tons per day);

7.2. production of textile products using equipment for washing, bleaching, mercerization, dyeing of textile fibers and (or) bleaching, dyeing of textile products (with a capacity not exceeding 10 tons of processed raw materials per day);

7.3. production of leather and leather products using equipment for tanning, dyeing, dressing hides and skins (with a design processing capacity of not more than 12 tons of finished products per day);

7.4. breeding of poultry (5 thousand heads and more);

7.5. growing and breeding of pigs (500 heads and more), female pigs (100 heads and more);

7.6. cattle breeding (1500 head and more);

7.7. sheep breeding (15 thousand head and more);

7.8. surface treatment of objects or products using organic solvents, the design consumption of which is not more than 200 tons per year;

7.9. production of artificial graphite by methods that exclude combustion and graphitization;

7.10. wastewater treatment of centralized water disposal systems (sewerage) with a wastewater volume of less than 20 thousand m3 per day;

7.11. extraction and processing of common minerals over 10 thousand tons per year;

7.12. exploration of solid minerals with the extraction of rock mass and the movement of soil for the purpose of assessing the resources of solid minerals;

7.13. transportation of gas, gas processing products, oil and petroleum products through main pipelines;

7.14. production of crude oil from combustible (bituminous) shale and sand;

7.15. warehousing and storage (ground or underground):

7.15.1. oil and products of its processing (with a design capacity of 200 thousand tons or more);

7.15.2. pesticides and agrochemicals (with a design capacity of 50 tons or more);

7.16. production of products from concrete for use in construction, including the production of sand-lime bricks using autoclaves (with a design capacity of 1 million pieces per year or more);

7.17. construction, dredging and blasting operations, mining, laying of cables, pipelines and other communications, drilling, agricultural and other works within the zone of influence of run-up fluctuations in the level of the Caspian Sea;

7.18. any activities involving the discharge of pollutants into the environment.

8. The activity of an object that is:

8.1. a port located on inland waterways (allowing passage of ships with a displacement of 1,350 tons or more);

8.2. a seaport;

8.3. a facility intended for the reception, dispatch of aircraft and maintenance of air transportation (if there is a runway with a length of 2100 m or more);

8.4. the object of railway transport infrastructure.

Note. If the types or objects of activity in Sections 1 and 2 of this Appendix coincide, Section 2 includes the types and objects of activity that have quantitative indicators characterizing them below the threshold values ​​specified in Section 1 of this Appendix.

Section 3. Types of planned activities and other criteria on the basis of which objects that have a negative impact on the environment shall be classified as objects of category III

1. Types of activities and facilities:

1) production of fertilizer mixtures;

2) production for the processing of fluoroplastics;

3) production of paper from finished pulp and rags;

4) production of glycerin;

5) production of halalite and other proteinaceous plastics (aminoplastics and others);

6) production of enamels on condensation resins;

7) soap production;

8) salt-making and salt-grinding production;

9) production of pharmaceutical salts of potassium (chloride, sulfate, potash);

10) production of natural mineral paints (chalk, ocher and others);

11) production of tanning extract;

12) production of printing inks;

13) photochemical production (photographic paper, photographic plates, photographic and motion-picture films);

14) production of household chemicals from finished raw materials and warehouses for their storage;

15) production of drying oil;

16) production of medical glass (without the use of mercury);

17) production of plastics processing (molding, extrusion, pressing, vacuum forming);

18) production of polyurethanes;

19) production of finished dosage forms (without the manufacture of components);

20) production of paper from waste paper;

21) dry-cleaning factories with a capacity of over 160 kg per day;

22) production of products from plastics and synthetic resins (mechanical processing);

23) production of carbon dioxide and dry ice;

24) production of artificial pearls;

25) production of matches;

26) production of lead-coated or rubber-insulated cables;

27) workshops for the repair of road machines, cars, bodies, rolling stock of railway transport and the subway;

28) production of metal electrodes;

29) type foundry (without lead emissions);

30) printing production;

31) offset printing factories;

32) printing houses with the use of lead in production;

33) production for the assembly of locomotives and electric locomotives;

34) production of clay products;

35) glass-blowing production, mirror production, glass polishing and etching;

36) mechanical processing of marble;

37) production of concrete and concrete products;

38) production of cooperage products from finished riveting;

39) production of matting and weaving;

40) production of wood conservation with saline and aqueous solutions (without arsenic salts), super coating;

41) shipyards for the manufacture of wooden ships (motor boats, boats);

42) carpentry, furniture, parquet, box objects;

43) cotonine production;

44) cocoon-brewing and silk unwinding production;

45) melange production;

46) enterprises of foam-jute twisting, rope, twine, rope and end processing;

47) production of artificial astrakhan;

48) footwear production;

49) production of yarn and fabrics from cotton, linen, wool in the absence of dyeing and bleaching workshops;

50) production of knitwear and lace;

51) production of carpets;

52) production of shoe cardboard on leather and leather-cellulose fiber without the use of solvents;

53) bobbin and reel production;

54) wallpaper production;

55) production of leather goods;

56) production of bristle and hair brushes;

57) felting production;

58) confectionery production with a capacity of more than 3 tons per day;

59) sugar refinery production;

60) production of pasta (with a capacity of more than 1 ton per day);

61) bakeries and bakery production (with a capacity of more than 3 tons per day);

62) industrial installations for low-temperature storage of food products with a capacity of more than 600 tons;

63) grape juice factories;

64) plants of fruit and vegetable juices and soft drinks;

65) mills with a capacity of 0.5 to 2 tons per hour;

66) low-capacity facilities (mini-production): for processing meat, milk - up to 3 tons per day, fish - up to 3 tons per day;

67) land reclamation facilities using livestock waste;

68) livestock farms:

for growing and breeding pigs from 100 heads or more (female pigs from 10 heads or more);

for breeding cattle from 150 heads or more;

for breeding poultry from 500 heads and more;

for breeding horses from 150 heads or more;

for breeding camels from 150 heads and more;

for breeding sheep and goats from 600 heads and more;

fur farms - from 100 heads and more;

69) facilities for servicing cars (passenger cars, except those owned by citizens; buses, except buses of urban transport);

70) trolleybus and tram depots;

71) veterinary clinics with animal care, vivariums, nurseries, cynological centers, points of overexposure of animals;

72) filling stations for refueling vehicles with liquid and gas motor fuel;

73) facilities for the disposal of wastewater to filtration fields, terrain, into underground horizons with a volume of discharged water of more than 5 thousand m3 per day;

74) facilities for the treatment of storm drains;

75) warehouses and open places for unloading grain;

76) warehouses and open places for unloading table salt;

77) transport and technical schemes for transshipment and storage of apatite concentrate of phosphorite flour, cement and other dusty goods transported in bulk, using warehouse elevators and pneumatic transport or other installations and storage facilities that exclude the removal of dust into the external environment;

78) open warehouses and places for reloading moistened mineral building materials (sand, gravel, crushed stone, stone and others);

79) areas for storage and places for reloading pressed cake, hay, straw, tobacco products and others.

2. Other criteria.

Carrying out any activity that meets one or more of the following criteria:

1) the presence of stationary sources of emissions at the facility, the mass of pollutants in emissions into the atmospheric air of which is 10 tons per year or more;

2) the use of installations for the provision of electric energy at the facility, gas and steam using equipment with a design heat output of 2 Gcal/hour or more;

3) accumulation of 10 tons or more of non-hazardous waste and (or) 1 ton or more of hazardous waste at the facility.

Notes.

1. Production in this section means entrepreneurial activity for serial production of goods, works and (or) rendering services. The provisions of this section do not apply to the production of goods, works and (or) rendering services by individuals for personal household purposes and to small businesses, including micro-entrepreneurship entities engaged in the production of goods, works and (or) rendering services on a one-time basis or in a small volume on individual orders with a prevailing share of manual labor.

2. If the types or objects of activity in Sections 2 and 3 of this Appendix coincide, Section 3 includes types and objects of activity that have quantitative indicators characterizing them below the threshold values ​​specified in Section 2 of this Appendix.

Appendix 3 to the Environmental Code of the Republic of Kazakhstan dated January 2, 2021 No. 400-VI LRK

List of areas of application for the best available techniques

1. Types of activities:

1) mining and enrichment of iron ores, production of cast iron, steel and ferroalloys, production of products for the further processing of ferrous metals;

2) mining and enrichment of non-ferrous metal ores, production of non-ferrous metals;

3) oil and natural gas production;

4) production of coke and oil products, processing of natural gas;

5) mining and enrichment of coal and anthracite;

6) production of electric and thermal energy through fuel combustion;

7) disposal of waste, including thermal methods;

8) waste disposal;

9) production of cellulose, wood pulp, paper, cardboard;

10) production of basic organic chemicals;

11) production of fine organic synthesis products;

12) production of polymers;

13) production of basic inorganic chemicals (ammonia);

14) production of inorganic acids, mineral fertilizers;

15) production of solid and other inorganic chemicals (oxides, hydroxides, salts);

16) production of special inorganic chemicals;

17) production of other basic inorganic chemicals;

18) treatment of surfaces, objects or products using organic solvents;

19) coating of metals and plastics using electrolytic or chemical processes;

20) production of glass, ceramic products;

21) production of cement, lime, magnesium oxide;

22) production of textile products (washing, bleaching, mercerization);

23) dyeing of textile fibers, bleaching, dyeing of textile products;

24) tanning, dyeing, dressing of hides and skins;

25) intensive breeding of pigs, poultry;

26) slaughter of animals at meat-packing plants, slaughterhouses;

27) production of food products, beverages, milk and dairy products;

28) wastewater treatment of centralized water disposal systems of settlements.

2. Technological processes, equipment, technical methods and methods used in the implementation of various types of activities:

1) reduction of emissions of pollutants, discharges of pollutants during storage and warehousing of goods (cargo);

2) systems for the treatment (circulation) of wastewater and off-gases in the chemical industry;

3) industrial cooling systems;

4) handling of overburden and enclosing rocks;

5) treatment of wastewater and emissions of pollutants in the production of products (goods), performance of works and provision of services at enterprises.

Appendix 4 to the Environmental Code of the Republic of Kazakhstan dated January 2, 2021 No. 400-VI LRK

Standard list of measures for environmental protection

1. Protection of atmospheric air:

1) commissioning, repair and reconstruction of dust and gas cleaning plants designed to capture, neutralize (recycle) harmful substances emitted into the atmosphere from technological equipment and aspiration systems;

2) installation works related to the rationalization of thermal systems, including the recovery of thermal energy, flue gas recirculation with discharge into the burner, domestic production of energy equipment with high efficiency and the use of alternative, environmentally friendly energy sources;

3) implementation of measures to prevent and reduce emissions of pollutants from stationary and mobile sources;

4) introduction of the best available techniques in municipal thermal power plants and combined heat and power plants;

5) introduction of equipment, installations and purification devices for the utilization of associated gases, neutralization of exhaust gases, suppression and neutralization of emissions of pollutants and their compounds into the atmosphere from stationary and mobile sources of pollution;

6) installation of catalyst converters for cleaning exhaust gases in vehicles using unleaded gasoline as fuel with the introduction of fuel additives that reduce the toxicity and smokiness of exhaust gases, equipping vehicles running on diesel fuel with exhaust gas neutralizers, transferring vehicles, expanding the use of electric traction;

7) taking measures aimed at preventing environmental pollution during transportation, storage and use of plant protection chemicals, mineral fertilizers and other preparations;

8) optimization of the technological process, ensuring the reduction of emissions of pollutants during mining, blasting, placement and operation of waste heaps, dumps and landfills;

9) carrying out works on dust suppression at mining and heat and power enterprises, subsoil use facilities and construction sites, including tailings, sludge ponds, quarries and infield roads;

10) introduction and improvement of technical and technological solutions (including the transition to other (alternative) types of fuel, raw materials, materials), which allow reducing the negative impact on the environment;

11) purchase of modern equipment, replacement and reconstruction of the main equipment, ensuring effective purification, utilization, neutralization, suppression and neutralization of pollutants in gases removed from emission sources, dismantling of obsolete boilers with a high concentration of harmful substances in flue gases;

12) introduction of technological solutions that ensure the optimization of fuel combustion modes (change in the quality of the fuel used, the structure of the fuel balance), reducing toxic substances (including lead compounds, nitrogen oxides) in emissions of pollutants into the atmosphere, including for mobile sources;

13) implementation of measures aimed at reducing greenhouse gas emissions and (or) increasing greenhouse gas absorption;

14) reducing the use of ozone-depleting substances through the use of ozone- safe substances;

15) introduction of systems for automatic monitoring of emissions of harmful substances at sources and atmospheric air quality at the border of the residential sanitary protection zone;

16) improving the efficiency of existing dust and gas collecting installations (including their modernization, reconstruction) and equipping them with control and measuring devices with the introduction of automatic control systems;

17) construction, modernization of observation posts for the state of atmospheric air with the expansion of the list of controlled pollutants through the acquisition of modern equipment and introduction of a local network for transmitting information to the authorized body in the field of environmental protection and its territorial divisions.

2. Protection of water bodies:

1) organization of activities and construction of treatment facilities that improve the qualitative composition of discharged water, implementation of programs to increase the efficiency of small reserve tanks as part of local treatment facilities (accumulation tanks, settling tanks, structures and devices for water aeration, screens for pesticide retention);

2) implementation of the best available techniques at wastewater treatment plants;

3) regulation of the flow of small rivers, clearing their channels or the bed of a reservoir, implementation of regular water releases to ensure optimal life of ecosystems in the basins of small rivers and lakes, as well as other measures to prevent siltation, maintain the optimal hydrological regime and sanitary condition of small rivers and lakes;

4) modernization of production processes in order to reduce the volume of wastewater discharges into natural water bodies, aimed at preventing pollution and reducing the negative impact;

5) implementation of a set of technological, hydraulic, sanitary and other measures aimed at preventing clogging, pollution and depletion of water resources;

6) construction, reconstruction, modernization of:

installations for the treatment and post-treatment of wastewater, processing of liquid waste and bottom residues;

treatment plants and sewerage systems for enterprises located on the catchment area of ​​reservoirs, as well as in territories with the status of national parks, resorts;

water supply systems with closed cycles, including systems for hydraulic ash removal and hydraulic sludge removal, circulating systems for industrial purposes and reuse of water, including those coming from other enterprises;

special regulating reservoirs, with the exception of reservoirs for hydrotechnical and other industrial purposes;

installations for the treatment of ground and underground waters subjected to technogenic pollution;

installations for the treatment of household and industrial wastewater with a system for their transportation and purification to the established standards of permissible discharge for operating enterprises;

treatment facilities based on the use of mechanical, biological and physico-chemical methods of treatment, facilities for post-treatment of wastewater, receivers and outlets of wastewater;

networks for the transportation of drainage, mine and storm water, household, industrial and agricultural wastewater and hydraulic sludge, flotation tailings (sludge accumulators, settling tanks, ash dumps, evaporation ponds);

7) liquidation of abandoned and inactive wells, plugging or transfer of self-flowing artesian wells to a crane controlled mode;

8) restoration and reconstruction of emergency water facilities and irrigation and drainage systems, purification to standard quality and reuse for technological purposes of drainage and storm water, household and industrial wastewater through the construction of circulating water supply systems and local treatment facilities, implementation of measures to reduce the use of drinking water for technical needs;

9) elimination of waste water accumulators, foci of groundwater pollution, historical pollution and sources of negative impact on water resources, demercurization of the pollution area to reduce the negative consequences of their impact on water bodies;

10) expansion of the network for monitoring quantitative and qualitative characteristics in transboundary river basins;

11) introduction of automatic monitoring systems for the quality of consumed and discharged water;

12) implementation of measures to prevent pollution of surface and underground waters from tailings dumps, mines and tunnels;

13) construction, modernization of observation posts for the state of surface waters with the expansion of the list of controlled pollutants through the acquisition of modern equipment and introduction of a local network for transmitting information to the authorized body in the field of environmental protection and its territorial divisions;

14) taking measures aimed at preventing pollution of underground waters due to interstratal flows of oil, water and gas during the development and subsequent operation of wells, as well as the disposal of production waste and wastewater.

3. Protection from impact on coastal and aquatic ecosystems:

1) the introduction of measures to protect the aquatic environment from natural consequences caused by fluctuations in sea level, or accidents resulting from anthropogenic activities, implementation of protective measures for the conservation of flooded wells in the coastal zone of the Caspian Sea;

2) construction, reconstruction, modernization of installations and equipment for:

the collection of oil, fuel oil, garbage and other liquid and solid waste from the waters of rivers, reservoirs, ports;

coastal facilities for receiving household and other waste water from ships, as well as garbage for disposal, storage and cleaning;

3) conservation or complete elimination of land-based sources of pollution that continue to have a negative impact on water bodies;

4) implementation of measures for carrying out shore protection works of rivers and reservoirs.

4. Land protection:

1) inventory and liquidation of ownerless production facilities polluting the environment;

2) measures for the rational use of land resources, zoning of land, as well as carrying out work to assess their condition;

3) recultivation of degraded territories, disturbed and polluted lands as a result of anthropogenic activity: restoration, reproduction and improvement of soil fertility and other useful properties of the land, its timely involvement in economic turnover, removal, preservation and use of the fertile soil layer when carrying out works related to land disturbance;

4) protection of lands from depletion, degradation and desertification, the negative impact of water and wind erosion, mudflows, landslides, underflooding, flooding, swamping, secondary salinization, drying out and compaction, pollution with waste, chemical, biological, radioactive and other harmful substances;

5) construction, reconstruction, modernization of anti-erosion hydraulic structures, creation of protective forest belts, fixing ravines, terracing of steep slopes;

6) elimination of historical pollution, localization and demercurization of sources of pollution of land resources;

7) implementation of measures aimed at restoring natural fertility or increasing soil humus.

5. Subsoil protection:

1) implementation of measures to prevent pollution of subsoil during the work on subsoil use, underground storage of oil and gas, disposal of hazardous substances and production waste, discharge of wastewater into the subsoil;

2) inventory, conservation and elimination of sources of negative impact on the subsoil.

6. Protection of flora and fauna:

1) protection of forest ecosystems, carrying out measures to increase the forest cover, forest management, accounting and biological justification of the productivity of forests and wildlife, maintaining the optimal biodiversity of forest ecosystems;

2) conservation and maintenance of biological and landscape diversity in protected areas (landscape parks, park complexes and objects of historical and cultural heritage) of national and international importance;

3) taking measures to preserve the natural conditions for the functioning of natural landscapes and natural habitats, taking measures to prevent the death of endangered or on the verge of extinction species (subspecies, populations) of plants and animals;

4) construction of a national repository of genetic resources of plants and animals, conservation of biodiversity, the entire diversity of microorganisms, flora and fauna, as well as natural ecosystems, prevention and non-admission of the harmful effects of anthropogenic activities on the conditions of their functioning;

5) reproduction of wild animals (carrying out biotechnical measures, including the resettlement of wild animals and birds, the creation of nurseries and farms for breeding wild animals and birds, as well as the preparation of f feed for their vital activity)

6) greening the territories of administrative-territorial units, increasing the area of ​​green spaces, plantings on the territories of enterprises, around hospitals, schools, children's institutions and vacated territories, lands subject to desertification and other adverse environmental factors;

7) maintaining the ecological balance in the development of resort recreation areas and tourist centres in protected natural areas (formulation of plans for the development of areas of recreational areas, construction of modern landfills, sewer collectors and treatment facilities, conversion of boiler houses to environmentally friendly alternative fuels);

8) carrying out work on the protection and reproduction of the forest fund, rehabilitation of territories after forest fires and reforestation;

9) protection, conservation and restoration of biological resources.

7. Waste management:

1) processing of enrichment tailings, overburden and enclosing rocks, their use for the purpose of carrying out the technical stage of reclamation of worked out, disturbed and contaminated lands, laying in internal dumps of quarries and worked-out cavities of mines, for backfilling quarry roads, protective dams and structures;

2) the introduction of technologies for collection, transportation, neutralization, use and processing of any type of waste, including ownerless;

3) construction, reconstruction of factories, workshops and industries, purchase and operation of installations for:

landfills for storage of any types of waste;

collection, transportation, processing, sorting, recycling and disposal of waste;

collection and processing of secondary material resources;

collection, transportation, processing and disposal of liquid industrial waste that pollutes water bodies or groundwater;

obtaining raw materials or finished products associated with the extraction of useful components from waste (processing of enrichment tailings, overburden and host rocks, ash and slag, metallurgical slag, technogenic mineral formations);

4) neutralization and liquidation of prohibited and obsolete pesticides and their containers;

5) reconstruction, modernization of equipment and technological processes aimed at minimizing the volume of waste generation and disposal;

6) taking measures to eliminate ownerless waste and historical pollution, prevent their occurrence in the future, timely recultivation of lands disturbed as a result of pollution by industrial, solid household and other wastes;

7) implementation of measures for the disposal of pesticides that have become unusable, not containing persistent organic pollutants, and containers from them.

8. Radiation, biological and chemical safety:

1) burial, reburial of ampoule sources of ionizing radiation, final disposal of radioactive waste from bankrupt enterprises, former military facilities, state enterprises, communal property enterprises;

2) conducting radioecological surveys of the territories of regions, cities of republican significance, the capital city in order to detect radioactive contamination of environmental objects;

3) decontamination of radioactive contamination foci (soil, mining dumps, scrap metal), burial of sources of ionizing radiation and radioactive waste;

4) construction of temporary storage facilities and radioactive waste disposal facilities;

5) compliance by organizations operating with the use of atomic energy and with sources of ionizing radiation of the requirements for ensuring radiation safety;

6) rehabilitation of territories for burial of radioactive, toxic industrial waste, decommissioning of persistent organic pollutants, prevention of biological pollution of the natural environment;

7) liquidation and recycling of accumulated volumes of sulfur;

8) elimination of accounted and unaccounted sources of radiation, including waste, historical pollution in order to reduce the radiation hazard to life and (or) health of the population and the environment.

9. Implementation of management systems and the best safe technologies:

1) introduction of environmentally friendly water-saving, soil-protective technologies and reclamation measures when using natural resources, the use of low-waste technologies, the improvement of advanced technical and technological solutions ensuring the reduction of emissions of pollutants into the environment;

2) introduction of environmentally friendly resource-saving technologies for enrichment, storage and transportation of mineral raw materials, purification and disposal of production waste;

3) introduction of progressive, modern and efficient technological solutions based on the results of scientific research, the use of modern equipment and technologies in production processes (including enterprises based on renewable and resource-saving technologies, changing sources and types of raw materials for heat and power resources), switching to alternative sources of energy supply, characterized as environmentally friendly (bioethanol and others);

4) development of new observation systems based on the Earth and in space, exchange of data from satellite observation systems;

5) introduction of signs and certification in the field of compliance with environmental requirements through more efficient management, certification of products, quality systems and production, works and services that ensure product safety, the introduction of an environmental management system in accordance with current national standards of the environmental management system.

10. Scientific- research, survey and other developments:

1) development of state programs in the field of environmental protection;

2) conducting research and developing environmental quality targets;

3) conducting environmental studies to determine the background state of the environment, identifying the possible negative impact of industrial activities on ecosystems and developing programs and action plans to reduce environmental pollution;

4) conducting research and development works on the creation of environmental protection equipment, installations, structures, enterprises and facilities, the development of advanced environmental technologies (know-how), methods and means of protecting natural objects from the negative impact caused by economic activity;

5) conducting scientific, survey works on the conservation of the gene pool and biodiversity;

6) conducting survey works to substantiate the composition of environmental measures ensuring the protection of natural waters, soils and landscapes;

7) study and monitoring of the radioecological situation in the territories affected by the negative impact of nuclear tests, and the territories where military units are based, conducting complex hydrogeological and geoecological studies of the territories of military test sites;

8) development of express methods for determining harmful impurities in air, water and soil;

9) development of non-traditional approaches to environmental protection and the creation of highly efficient systems and installations for the purification of exhaust gases and wastewater from industrial enterprises, waste disposal;

10) development of technological processes, equipment, instruments and reagents that provide deep processing of raw materials with the disposal of waste generated;

11) improvement of methods for the neutralization of solid household and industrial waste in order to prevent the entry into the natural environment of heavy metals and xenobiotics - chemicals and compounds alien to living organisms (industrial pollution, pesticides, household chemicals, medicines);

12) development of schemes, water management balances, navigation regimes on sea vessels involved in economic and production activities, and standards in the field of water resources protection;

13) conducting environmental research works, developing qualitative and quantitative indicators (environmental standards and requirements), regulatory and methodological documents for environmental protection;

14) conducting scientific research works on the radioecological assessment of uranium mining enterprises;

15) conducting comprehensive studies to assess the impact of nuclear power plants on the environment;

16) development of a model for managing transboundary water bodies;

17) development of complex science-based hydrotechnical, chemical, biological and ichthyological methods for cleaning water bodies.

ЭКОЛОГИЧЕСКИЙ КОДЕКС РЕСПУБЛИКИ КАЗАХСТАН

Кодекс Республики Казахстан от 2 января 2021 года № 400-VI ЗРК.

СОДЕРЖАНИЕ

Сноска. Оглавление исключено Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Примечание ИЗПИ!
Порядок введения в действие настоящего Кодекса см. ст. 416

ОБЩАЯ ЧАСТЬ

РАЗДЕЛ 1. ОСНОВНЫЕ ПОЛОЖЕНИЯ

Глава 1. ОБЩИЕ ПОЛОЖЕНИЯ

Статья 1. Отношения, регулируемые настоящим Кодексом

1. Настоящий Кодекс регулирует общественные отношения в сфере взаимодействия человека и природы (экологические отношения), возникающие в связи с осуществлением физическими и юридическими лицами деятельности, оказывающей или способной оказать воздействие на окружающую среду.

К регулируемым настоящим Кодексом отношениям также относятся общественные отношения в области проведения мониторинга состояния окружающей среды, метеорологического и гидрологического мониторинга, которые направлены на обеспечение потребностей государства, физических и юридических лиц в экологической и гидрометеорологической информации.

2. Общественные отношения, возникающие в области использования природных ресурсов, а также в той мере, в которой это применимо, их сохранения, восстановления и воспроизводства, регулируются в зависимости от вида природного ресурса соответственно земельным, водным, лесным законодательством Республики Казахстан, законодательством Республики Казахстан о недрах и недропользовании, в области охраны, воспроизводства и использования животного мира и иным законодательством Республики Казахстан в области охраны и использования природных ресурсов.

3. Общественные отношения, возникающие в области охраны окружающей среды, а также в той мере, в какой это необходимо для обеспечения санитарно-эпидемиологического благополучия населения и не противоречит настоящему Кодексу, регулируются законодательством Республики Казахстан в области здравоохранения.

4. Общественные отношения в области охраны окружающей среды, возникающие при определении, установлении, применении и исполнении обязательных и добровольных требований к продукции, услуге, процессам жизненного цикла продукции (далее – процессы), оценке и подтверждении соответствия, аккредитации в области технического регулирования и в сфере стандартизации, а также в той мере, в которой это не противоречит настоящему Кодексу, регулируются соответственно законодательством Республики Казахстан о техническом регулировании и о стандартизации.

5. Общественные отношения в области использования атомной энергии и обеспечения радиационной безопасности населения регулируются специальным законодательством Республики Казахстан в области использования атомной энергии, обеспечения радиационной безопасности в части, не противоречащей настоящему Кодексу.

6. Общественные отношения в области обращения с биологическими отходами регулируются специальным законодательством Республики Казахстан в области ветеринарии в части, не противоречащей настоящему Кодексу.

7. Субъектами регулируемых настоящим Кодексом отношений являются физические и юридические лица, государство, государственные органы и должностные лица.

Статья 2. Экологическое законодательство Республики Казахстан

1. Экологическое законодательство Республики Казахстан основывается на Конституции Республики Казахстан и состоит из настоящего Кодекса и иных нормативных правовых актов Республики Казахстан.

2. Настоящий Кодекс действует на всей территории Республики Казахстан, в том числе на континентальном шельфе и в исключительной экономической зоне Республики Казахстан в соответствии с нормами международного права.

3. Если международным договором, ратифицированным Республикой Казахстан, установлены иные правила, чем те, которые содержатся в настоящем Кодексе, то применяются правила международного договора. Международные договоры, ратифицированные Республикой Казахстан, к экологическим отношениям применяются непосредственно, кроме случаев, когда из международного договора следует, что для его применения требуется издание законодательного акта Республики Казахстан.

4. Запрещается включение в другие законы Республики Казахстан норм, регулирующих экологические отношения, кроме случаев, предусмотренных настоящим Кодексом. В случае противоречия между настоящим Кодексом и иными законами Республики Казахстан, содержащими нормы, регулирующие экологические отношения, применяются положения настоящего Кодекса.

5. Гражданское законодательство Республики Казахстан применяется к экологическим отношениям в случаях, когда они не урегулированы нормами настоящего Кодекса.

Статья 3. Цель и задачи экологического законодательства Республики Казахстан

1. Целью экологического законодательства Республики Казахстан является определение правовых основ, задач и принципов, а также механизмов реализации единой государственной экологической политики в Республике Казахстан.

2. Задачи экологического законодательства Республики Казахстан:

1) обеспечение высокого уровня охраны окружающей среды посредством осуществления государственного регулирования, направленного на предотвращение загрязнения окружающей среды, недопущение причинения экологического ущерба в любых формах и обеспечение устранения последствий причиненного экологического ущерба, а также на постепенное сокращение негативного антропогенного воздействия на окружающую среду;

2) обеспечение благоприятной для жизни и здоровья человека окружающей среды;

3) обеспечение экологических основ устойчивого развития Республики Казахстан;

4) обеспечение вклада Республики Казахстан в укрепление глобального реагирования на угрозу изменения климата в контексте устойчивого развития, а также в реализацию международных, региональных и трансграничных программ по охране окружающей среды, адаптации к изменению климата и переходу к "зеленой" экономике;

5) охрана, сохранение и восстановление окружающей среды, в том числе территорий и объектов, представляющих особую экологическую, научную, историко-культурную и рекреационную ценность;

6) формирование эффективной системы государственного управления в области охраны окружающей среды, предусматривающей взаимодействие и координацию деятельности всех государственных органов;

7) поощрение и стимулирование государством привлечения "зеленых" инвестиций и широкого применения наилучших доступных техник, ресурсосберегающих технологий и практик, сокращения объемов и снижения уровня опасности образуемых отходов и эффективного управления ими, использования возобновляемых источников энергии, водосбережения, а также осуществления мер по повышению энергоэффективности, устойчивому использованию, восстановлению и воспроизводству природных ресурсов;

8) обеспечение постоянного и систематического сбора, накопления, хранения, анализа и распространения экологической информации для общественности, в том числе с использованием современных цифровых технологий, а также соблюдение права каждого лица на доступ к экологической информации, определение основных условий, порядка и особенностей реализации данного права;

9) обеспечение гласности и всестороннего участия общественности в решении вопросов охраны окружающей среды и устойчивого развития Республики Казахстан;

10) обеспечение эффективного экологического мониторинга и экологического контроля;

11) создание условий для привлечения инвестиций в проведение мероприятий по охране окружающей среды, модернизацию существующей и строительство новой инфраструктуры, обеспечивающей высокий уровень охраны окружающей среды;

12) обеспечение выполнения международных договорных и иных обязательств Республики Казахстан, развитие международного сотрудничества в области охраны окружающей среды;

13) формирование в обществе экологической культуры, пропаганда экологических знаний на всех уровнях образования, развитие экологического образования и просвещения в целях обеспечения устойчивого развития;

14) укрепление законности и правопорядка в области охраны окружающей среды и обеспечения экологической безопасности.

Статья 4. Экологическая безопасность и экологические основы устойчивого развития Республики Казахстан

1. Устойчивым развитием признается социально-экономическое развитие Республики Казахстан, достигаемое без нарушения экологической устойчивости, при обеспечении экологической безопасности и экологически сбалансированном использовании природных ресурсов в целях справедливого удовлетворения потребностей настоящего и будущих поколений.

2. Экологическими основами устойчивого развития Республики Казахстан являются:

1) формирование и поддержание устойчивых моделей производства и потребления, характеризующихся повышением благосостояния и качества жизни населения при минимизации антропогенного воздействия на окружающую среду, сокращении потребления невозобновляемых природных ресурсов, снижении уровня образования и захоронения отходов, а также стимулировании их использования в качестве вторичных ресурсов;

2) устойчивое функционирование природных экологических систем, сохранение и устойчивое использование биологического разнообразия (далее – биоразнообразие), недопущение деградации природной среды и реализация мер по ее улучшению, борьба с опустыниванием;

3) участие Республики Казахстан в глобальном реагировании на угрозу изменения климата путем осуществления мер по предотвращению изменения климата и адаптации к изменению климата, а также по охране озонового слоя атмосферы Земли;

4) международное сотрудничество Республики Казахстан в целях сохранения, защиты и восстановления здорового состояния и целостности экосистемы Земли;

5) гармонизация экологического законодательства Республики Казахстан с принципами и нормами международного права и содействие развитию международного экологического права;

6) сдерживание, предотвращение переноса и перевода в Республику Казахстан из других государств и из Республики Казахстан в другие государства любых видов деятельности и веществ, которые наносят экологический ущерб либо вред жизни и (или) здоровью человека, а также принятие предупредительных мер в соответствии с принципом предосторожности.

3. Под экологической безопасностью в качестве составной части национальной безопасности понимается состояние защищенности прав и жизненно важных интересов человека, общества и государства от угроз, возникающих в результате антропогенных и природных воздействий на окружающую среду.

Статья 5. Принципы экологического законодательства Республики Казахстан

Правовое регулирование экологических отношений основывается на следующих принципах:

1) принцип предотвращения: любая деятельность, которая вызывает или может вызвать загрязнение окружающей среды, деградацию природной среды, причинение экологического ущерба и вреда жизни и (или) здоровью людей, допускается в рамках, установленных настоящим Кодексом, только при условии обеспечения на самом источнике воздействия на окружающую среду всех необходимых мер по предотвращению наступления указанных последствий;

2) принцип исправления: экологический ущерб подлежит устранению в полном объеме. При невозможности полного устранения причиненного экологического ущерба его последствия, насколько это возможно при современном уровне научно-технического развития, должны быть минимизированы. В той мере, в какой последствия причиненного экологического ущерба не были устранены или минимизированы, обеспечивается их замещение путем проведения альтернативной ремедиации в соответствии с настоящим Кодексом;

3) принцип предосторожности: при наличии риска причинения вследствие какой-либо деятельности экологического ущерба, имеющего существенные и необратимые последствия для природной среды и (или) ее отдельных компонентов, или вреда жизни и (или) здоровью людей должны быть приняты эффективные и пропорциональные меры по предотвращению наступления таких последствий при экономически приемлемых затратах, несмотря на отсутствие на современном уровне научных и технических знаний возможности обосновать и достаточно точно оценить вероятность наступления указанных отрицательных последствий;

4) принцип пропорциональности: меры по охране окружающей среды обеспечиваются в той степени, в которой они являются достаточными для реализации цели и задач экологического законодательства Республики Казахстан. При этом предпочтение отдается тому варианту, который является наименее обременительным;

5) принцип "загрязнитель платит": лицо, чья деятельность вызывает или может вызвать загрязнение окружающей среды, деградацию природной среды, причинение экологического ущерба в любой форме либо вреда жизни и (или) здоровью людей, несет все расходы по исполнению установленных экологическим законодательством Республики Казахстан требований по предотвращению и контролю негативных последствий своей деятельности, в том числе по устранению причиненного экологического ущерба в соответствии с принципом исправления;

6) принцип устойчивого развития: природа и ее ресурсы составляют богатство Республики Казахстан и их использование должно быть устойчивым. Государство обеспечивает сбалансированное и рациональное управление природными ресурсами в интересах настоящего и будущих поколений. При принятии решений по вопросам охраны окружающей среды приоритет отдается сохранению природных экологических систем и обеспечению их устойчивого функционирования, водосбережению, энергосбережению и повышению энергоэффективности, сокращению потребления невозобновляемых энергетических и сырьевых ресурсов, использованию возобновляемых источников энергии, минимизации образования отходов, а также их использованию в качестве вторичных ресурсов;

7) принцип интеграции: государственная политика Республики Казахстан во всех сферах экономической и социальной деятельности формируется и реализуется при условии соблюдения баланса между задачами социально-экономического развития и необходимостью обеспечения экологических основ устойчивого развития Республики Казахстан, в том числе высокого уровня охраны окружающей среды и улучшения ее качества;

8) принцип доступности экологической информации: государство, основываясь на международных договорах Республики Казахстан, обеспечивает соблюдение права общественности на доступ к экологической информации на основаниях, условиях и в пределах, установленных законом;

9) принцип общественного участия: общественность имеет право на участие в принятии решений, затрагивающих вопросы охраны окружающей среды и устойчивого развития Республики Казахстан, на условиях и в порядке, установленных настоящим Кодексом. Участие общественности в принятии решений по вопросам, затрагивающим интересы охраны окружающей среды и устойчивого развития Республики Казахстан, обеспечивается начиная с раннего этапа, когда открыты все возможности для рассмотрения различных вариантов и когда может быть обеспечено эффективное участие общественности. Государственные органы и должностные лица обеспечивают гласность планируемых к принятию решений, способных оказать воздействие на состояние окружающей среды, на условиях, позволяющих общественности высказать свое мнение, которое учитывается при их принятии;

10) принцип экосистемного подхода: при планировании и принятии государственными органами и должностными лицами решений, в результате реализации которых наступают или могут наступить негативные последствия для состояния окружающей среды, должны учитываться целостность и естественные взаимосвязи природных экологических систем, живых организмов, природных ландшафтов, иных природных, природно-антропогенных и антропогенных объектов и необходимость сохранения естественного баланса природной среды. При этом приоритет должен отдаваться сохранению природных ландшафтов, природных комплексов и биоразнообразия, сохранению и устойчивому функционированию естественных экологических систем, а также недопущению отрицательного влияния на предоставляемые такими экологическими системами услуги.

Глава 2. ОБЩИЕ ПОЛОЖЕНИЯ ОБ ОКРУЖАЮЩЕЙ СРЕДЕ И ЕЕ ОХРАНЕ

Статья 6. Окружающая среда

1. Окружающей средой признается совокупность окружающих человека условий, веществ и объектов материального мира, включающая в себя природную среду и антропогенную среду.

2. Компонентами природной среды являются атмосферный воздух, поверхностные и подземные воды, земная поверхность и почвенный слой, недра, растительный, животный мир и иные организмы, все слои атмосферы Земли, включая озоновый слой, а также климат, обеспечивающие в их взаимодействии благоприятные условия для существования жизни на Земле.

К компонентам природной среды не относятся антропогенные объекты, а также живые организмы, искусственно воспроизводимые человеком и не обитающие в состоянии естественной свободы.

3. Совокупность отдельных взаимосвязанных компонентов природной среды, имеющих определенные границы, условия и режим существования, выделяется в природные и природно-антропогенные объекты.

4. Природными объектами признаются естественные экологические системы и природные ландшафты, а также составляющие их элементы, сохранившие свои природные свойства.

Функционально и естественно связанные между собой природные объекты, объединенные географическими и иными соответствующими признаками, составляют отдельные природные комплексы.

5. К природно-антропогенным объектам относятся:

1) природные объекты, специально измененные в результате деятельности человека, но сохранившие свойства природного объекта;

2) обладающие свойствами природного объекта искусственно созданные объекты, имеющие рекреационное значение и (или) выполняющие охранно-защитную функцию для природной среды.

6. Антропогенной средой признается совокупность искусственно созданных условий и антропогенных объектов, представляющая собой ежедневную среду обитания человека. Антропогенными признаются объекты материального мира, созданные или измененные человеком для обеспечения его социальных потребностей и не обладающие свойствами природных объектов.

Статья 7. Качество окружающей среды

1. Под качеством окружающей среды понимается совокупность свойств и характеристик окружающей среды, которые определяются на основе физических, химических, биологических и иных показателей, отражающих состояние ее компонентов в их взаимодействии.

2. Окружающая среда считается благоприятной для жизни и здоровья человека, если ее качество обеспечивает экологическую безопасность и естественный баланс природной среды, в том числе устойчивое функционирование экологических систем, природных и природно-антропогенных объектов и природных комплексов, а также сохранение биоразнообразия.

Статья 8. Охрана окружающей среды

Охрана окружающей среды представляет собой систему осуществляемых государством, физическими и юридическими лицами мер, направленных на сохранение и восстановление природной среды, предотвращение загрязнения окружающей среды и причинения ей ущерба в любых формах, минимизацию негативного антропогенного воздействия на окружающую среду и ликвидацию его последствий, обеспечение иных экологических основ устойчивого развития Республики Казахстан.

Статья 9. Объекты охраны окружающей среды

1. Охране от уничтожения, деградации, истощения, повреждения, загрязнения или иного вредного воздействия подлежат все компоненты природной среды, биоразнообразие, генофонд и генетические ресурсы живых организмов, природные и природно-антропогенные объекты.

2. Отдельные объекты подлежат особой охране в соответствии с законодательством Республики Казахстан в области особо охраняемых природных территорий.

Статья 10. Общие положения об антропогенном воздействии на окружающую среду

1. Под антропогенным воздействием на окружающую среду понимается прямое или косвенное влияние деятельности человека на окружающую среду в виде:

1) эмиссий, под которыми понимаются поступления загрязняющих веществ, высвобождаемых от антропогенных объектов, в атмосферный воздух, воды, на землю или под ее поверхность;

2) физических воздействий объектов на окружающую среду, под которыми понимаются воздействия шума, вибрации, электромагнитных полей, ионизирующего излучения, температурного и других физических факторов, вызывающие изменение естественных температурных, энергетических, волновых, радиационных и других физических свойств компонентов окружающей среды;

3) захоронения отходов, их незаконного размещения на земной поверхности или поступления в водные объекты;

4) поступления парниковых газов, высвобождаемых от антропогенных объектов, в атмосферный воздух;

5) строительства и эксплуатации объектов (зданий, сооружений, строений, коммуникаций), а также постутилизации (сноса) объектов, выработавших свой ресурс;

6) использования природных ресурсов и полезных свойств природной среды, в том числе путем их временного или безвозвратного изъятия;

7) интродукции в природную среду объектов животного и растительного мира, в том числе преднамеренного высвобождения в окружающую среду и реализации (размещения) на рынке генетически модифицированных организмов;

8) проведения мероприятий по охране окружающей среды.

2. Вредными признаются любые формы антропогенного воздействия на окружающую среду, в результате которого может быть причинен вред жизни и (или) здоровью человека, имуществу и (или) которое приводит или может привести к загрязнению окружающей среды, причинению экологического ущерба и (или) иным негативным изменениям качества природной среды, в том числе в форме:

1) истощения или деградации компонентов природной среды;

2) уничтожения или нарушения устойчивого функционирования природных и природно-антропогенных объектов и их комплексов;

3) потери или сокращения биоразнообразия;

4) возникновения препятствий для использования природной среды, ее ресурсов и свойств в рекреационных и иных разрешенных законом целях;

5) снижения эстетической ценности природной среды.

Статья 11. Загрязнение окружающей среды

1. Под загрязнением окружающей среды понимается присутствие в атмосферном воздухе, поверхностных и подземных водах, почве или на земной поверхности загрязняющих веществ, тепла, шума, вибраций, электромагнитных полей, радиации в количествах (концентрациях, уровнях), превышающих установленные государством экологические нормативы качества окружающей среды.

2. Под загрязняющими веществами понимаются любые вещества в твердом, жидком, газообразном или парообразном состоянии, которые при их поступлении в окружающую среду в силу своих качественных или количественных характеристик нарушают естественное равновесие природной среды, ухудшают качество компонентов природной среды, способны причинить экологический ущерб либо вред жизни и (или) здоровью человека.

Под веществами в настоящем Кодексе понимаются присутствующие в их естественном состоянии в природной среде или образующиеся в результате деятельности человека химические элементы, их соединения, смеси, растворы и агрегаты.

Перечень загрязняющих веществ, эмиссии которых подлежат экологическому нормированию (далее – перечень загрязняющих веществ), утверждается уполномоченным органом в области охраны окружающей среды сроком на десять лет и подлежит пересмотру на основании обновленных научных знаний об окружающей среде и антропогенных факторах, влияющих на ее качество, а также с учетом развития методов, техник и технологий мониторинга и контроля загрязняющих веществ. Перечень загрязняющих веществ также подлежит пересмотру не позднее первого года после вступления в силу международных обязательств Республики Казахстан в области охраны окружающей среды, требующих принятия мер государственного регулирования в отношении загрязняющих веществ, отсутствующих в действующем на тот момент перечне.

3. Перечень загрязняющих веществ определяется на основании следующих критериев:

1) с учетом уровня токсичности, канцерогенных и (или) мутагенных свойств веществ, в том числе имеющих тенденцию к накоплению в окружающей среде, а также их способности к преобразованию в окружающей среде в соединения, обладающие большей токсичностью;

2) с учетом естественных свойств природной среды и ее способности по поддержанию и восстановлению своего качества путем поглощения, очистки, иного устранения загрязнений и других форм негативного воздействия на определенной территории без вмешательства человека;

3) с учетом данных государственного экологического мониторинга и санитарно-эпидемиологического мониторинга;

4) при наличии научно обоснованных методик (методов), техник и технологий измерения количественных и качественных характеристик загрязняющих веществ.

Статья 12. Категории объектов, оказывающих негативное воздействие на окружающую среду

1. Объекты, оказывающие негативное воздействие на окружающую среду, в зависимости от уровня и риска такого воздействия подразделяются на четыре категории:

1) объекты, оказывающие значительное негативное воздействие на окружающую среду (объекты I категории);

2) объекты, оказывающие умеренное негативное воздействие на окружающую среду (объекты II категории);

3) объекты, оказывающие незначительное негативное воздействие на окружающую среду (объекты III категории);

4) объекты, оказывающие минимальное негативное воздействие на окружающую среду (объекты IV категории).

2. Приложением 2 к настоящему Кодексу устанавливаются виды деятельности и иные критерии, на основании которых осуществляется отнесение объектов, оказывающих негативное воздействие на окружающую среду, к объектам I, II или III категорий.

Виды деятельности, не указанные в приложении 2 к настоящему Кодексу или не соответствующие изложенным в нем критериям, относятся к объектам IV категории.

3. В отношении объектов І и II категорий термин "объект" означает стационарный технологический объект (предприятие, производство), в пределах которого осуществляются один или несколько видов деятельности, указанных в разделе 1 (для объектов І категории) или разделе 2 (для объектов II категории) приложения 2 к настоящему Кодексу, а также технологически прямо связанные с ним любые иные виды деятельности, которые осуществляются в пределах той же промышленной площадки, на которой размещается такой объект.

В отношении объектов III категории термин "объект" означает здание, сооружение, их комплекс, площадку или территорию, в пределах которых осуществляются виды деятельности, указанные в разделе 3 приложения 2 к настоящему Кодексу.

Критерии, в соответствии с которыми строительно-монтажные работы и работы по рекультивации и (или) ликвидации, производимые на объектах различных категорий, относятся к I, II, III или IV категории, устанавливаются в инструкции по определению категории объекта, оказывающего негативное воздействие на окружающую среду.

4. Отнесение объекта к категориям осуществляется в соответствии с требованиями пункта 2 настоящей статьи:

1) в отношении намечаемой деятельности, подлежащей в соответствии с настоящим Кодексом обязательной оценке воздействия на окружающую среду, – при проведении обязательной оценки воздействия на окружающую среду;

2) в отношении намечаемой деятельности, подлежащей в соответствии с настоящим Кодексом обязательному скринингу воздействий намечаемой деятельности, – при проведении скрининга воздействий намечаемой деятельности;

3) в отношении иной намечаемой деятельности, не указанной в подпункте 1) или 2) настоящего пункта, – самостоятельно оператором с учетом требований настоящего Кодекса.

Инструкция по определению категории объекта, оказывающего негативное воздействие на окружающую среду, утверждается уполномоченным органом в области охраны окружающей среды.

5. При отнесении объектов к соответствующей категории учитываются:

1) уровни негативного воздействия на окружающую среду по видам деятельности (отрасль, часть отрасли, производство, объект);

2) уровень токсичности, канцерогенные и мутагенные свойства загрязняющих веществ, содержащихся в выбросах, сбросах загрязняющих веществ, а также классификация отходов.

6. Под оператором объекта в настоящем Кодексе понимается физическое или юридическое лицо, в собственности или ином законном пользовании которого находится объект, оказывающий негативное воздействие на окружающую среду.

Операторами объекта не признаются физические и юридические лица, привлеченные оператором объекта для выполнения отдельных работ и (или) оказания отдельных услуг при строительстве, реконструкции, эксплуатации и (или) ликвидации (постутилизации) объекта, оказывающего негативное воздействие на окружающую среду.

Сноска. Статья 12 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 3. ПРАВА И ОБЯЗАННОСТИ СУБЪЕКТОВ В ОБЛАСТИ ОХРАНЫ ОКРУЖАЮЩЕЙ СРЕДЫ

Статья 13. Основополагающие права и обязанности субъектов в области охраны окружающей среды

1. Каждый имеет право на благоприятную окружающую среду.

2. В целях обеспечения права каждого человека настоящего и будущих поколений жить в благоприятной окружающей среде государство признает и гарантирует следующие права общественности:

1) на доступ к своевременной, полной и достоверной экологической информации в соответствии с законами Республики Казахстан;

2) на участие в процессе принятия государственными органами и должностными лицами решений по вопросам, касающимся окружающей среды, в порядке, установленном настоящим Кодексом;

3) на участие в обсуждении проектов нормативных правовых актов по вопросам охраны окружающей среды и внесение своих замечаний разработчикам на рассмотрение в соответствии с Законом Республики Казахстан "О правовых актах";

4) обращаться к уполномоченному органу в области охраны окружающей среды и иным государственным органам, должностным лицам в соответствии с их компетенцией с заявлением о любых предполагаемых фактах причинения экологического ущерба, нарушения требований экологического законодательства Республики Казахстан или об иных обстоятельствах, создающих угрозу наступления таких последствий, а также получать ответы соответствующих государственных органов и должностных лиц о результатах рассмотрения заявлений и принятых решениях в порядке, установленном законами Республики Казахстан;

5) на обращение в суд с заявлением об оспаривании законности действий (бездействия) и решений государственных органов, органов местного самоуправления, должностных лиц и государственных служащих по вопросам охраны окружающей среды, в том числе связанным с устранением причиненного экологического ущерба и пресечением нарушения требований экологического законодательства Республики Казахстан;

6) на обращение в суд в соответствии с гражданским и гражданским процессуальным законодательством Республики Казахстан для защиты имущественных или неимущественных благ и прав, которым причинен вред в результате нарушения третьими лицами требований экологического законодательства Республики Казахстан.

7) на участие в общественном экологическом контроле в соответствии с законодательством Республики Казахстан.

3. В настоящем Кодексе под общественностью понимаются одно или более чем одно физическое или юридическое лицо, некоммерческие организации, а также ассоциации, союзы или иные объединения.

4. Сохранение природы и бережное отношение к ее ресурсам являются долгом и обязанностью всех физических и юридических лиц.

Физические и юридические лица обязаны соблюдать требования экологического законодательства Республики Казахстан, а также должны содействовать мерам по охране окружающей среды.

5. Юридические лица и индивидуальные предприниматели осуществляют за свой счет необходимые меры по охране окружающей среды, в том числе по предотвращению загрязнения окружающей среды, деградации природной среды, причинения экологического ущерба в любой форме и связанных с этим угроз для жизни и (или) здоровья человека, которые могут возникнуть в результате осуществления их деятельности, а также несут иные обязанности в области охраны окружающей среды, установленные настоящим Кодексом.

6. Физические и юридические лица имеют иные права и несут иные обязанности, установленные законами Республики Казахстан.

Сноска. Статья 13 с изменением, внесенным Законом РК от 02.10.2023 № 31-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 14. Права некоммерческих организаций в области охраны окружающей среды

Некоммерческие организации при осуществлении своей деятельности в области охраны окружающей среды, помимо прав, предусмотренных статьей 13 настоящего Кодекса, также имеют право:

1) за счет собственных или привлеченных средств разрабатывать, пропагандировать и реализовывать мероприятия в области охраны окружающей среды, привлекать физических и юридических лиц на добровольных началах, на безвозмездной или возмездной основе к активной деятельности в области охраны окружающей среды;

2) выполнять работы по охране окружающей среды и улучшению ее качества;

3) обращаться за защитой прав, свобод и законных интересов физических и юридических лиц, в том числе в суд, а также обжаловать законность действий (бездействия) и решений государственных органов, органов местного самоуправления, должностных лиц и государственных служащих в интересах неопределенного круга лиц;

4) совместно с уполномоченными государственными органами в области охраны окружающей среды, охраны, воспроизводства и использования природных ресурсов принимать участие в обеспечении охраны, воспроизводства и устойчивого использования природных ресурсов, охраны особо охраняемых природных территорий и объектов государственного природно-заповедного фонда;

5) инициировать, организовывать проведение общественных слушаний, общественного экологического контроля и участвовать в них в соответствии с законодательством Республики Казахстан;

6) осуществлять мероприятия по экологическому образованию и экологическому просвещению, проводить исследования в области охраны окружающей среды в соответствии с законодательством Республики Казахстан.

7) проводить независимый экологический мониторинг состояния окружающей среды, создавать и вести электронные базы данных.

Сноска. Статья 14 с изменениями, внесенными Законом РК от 02.10.2023 № 31-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 15. Участие общественности в принятии решений

1. Заинтересованная общественность вправе участвовать в процессе проведения экологической оценки и иных процедурах, для которых предусмотрено участие общественности, на условиях и в порядке, установленных настоящим Кодексом, а также принятия государственными органами, органами местного самоуправления, должностными и иными лицами решений по вопросам, касающимся окружающей среды.

2. Под заинтересованной общественностью в настоящем Кодексе понимается общественность, интересы которой затрагиваются или могут быть затронуты принимаемыми решениями по вопросам, касающимся окружающей среды, или которая заинтересована участвовать в процессе принятия этих решений.

Некоммерческие организации, в числе уставных целей которых значится содействие охране окружающей среды в целом или отдельных ее элементов, считаются организациями, имеющими заинтересованность.

3. В рамках определенных настоящим Кодексом процедур представители заинтересованной общественности вправе представлять любые замечания, информацию, анализ или мнения, которые они считают имеющими отношение к намечаемой деятельности или принимаемому решению, в письменной или электронной форме и устно, в том числе в ходе проведения общественных слушаний, когда их проведение предусмотрено настоящим Кодексом.

4. В соответствующих решениях, принимаемых государственным органом или должностным лицом по вопросам, касающимся окружающей среды, должны быть отражены результаты участия общественности.

5. Государственные органы или должностные лица, принявшие решение по вопросам, касающимся окружающей среды, обязаны незамедлительно проинформировать об этом заинтересованную общественность путем представления ей в порядке, определенном настоящим Кодексом, текста решения вместе с указанием причин и аргументов, явившихся основой этого решения.

Сноска. Статья 15 с изменением, внесенным Законом РК от 02.10.2023 № 31-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 16. Система государственных мер по обеспечению прав в области охраны окружающей среды

1. Государственные органы, органы местного самоуправления и должностные лица обязаны оказывать содействие общественности в реализации ее прав в области охраны окружающей среды.

2. Должностные лица, не обеспечивающие в рамках своей компетенции реализацию прав общественности, предусмотренных настоящим Кодексом, или препятствующие их реализации, несут ответственность в соответствии с законами Республики Казахстан.

Глава 4. ЭКОЛОГИЧЕСКАЯ ИНФОРМАЦИЯ

Статья 17. Экологическая информация

1. Экологическая информация означает любую информацию в письменной, визуальной, звуковой, электронной или любой иной материальной формах:

1) о состоянии компонентов природной среды, природных и природно-антропогенных объектов, природных комплексов, объектов государственного природно-заповедного фонда, биоразнообразия, включая генетически модифицированные организмы, и взаимодействии между ними, а также об экосистемных услугах, генофонде и генетических ресурсах живых организмов;

2) о факторах, оказывающих и (или) способных оказать воздействие на элементы, указанные в подпункте 1) настоящего пункта;

3) о предпринимаемых государством административных, законодательных, программных и иных мерах, в том числе разрабатываемых нормативных правовых актах, политиках, планах, программах и соглашениях в области окружающей среды, оказывающих и (или) способных оказать воздействие на элементы и факторы, указанные в подпунктах 1) и 2) настоящего пункта, в том числе запланированных, реализуемых или выполненных мерах и действиях, направленных на охрану элементов, указанных в подпункте 1) настоящего пункта;

4) о деятельности государственных органов, физических и юридических лиц, оказывающей и (или) способной оказать воздействие на элементы и факторы, указанные в подпунктах 1) и 2) настоящего пункта, а также запланированных, реализуемых или выполненных мерах и действиях, направленных на охрану таких элементов;

5) об экологическом законодательстве Республики Казахстан и отчетах о его применении;

6) об анализе затрат и выгод, иных видах экономического анализа и допущениях, использованных при принятии государственными органами и должностными лицами решений в рамках планируемых мер и осуществления деятельности, предусмотренных подпунктами 3) и 4) настоящего пункта;

7) о состоянии здоровья людей, экологической безопасности, включая, если применимо, концентрации загрязняющих веществ в пищевой цепочке, экологических условиях проживания людей, состоянии объектов культуры, зданий и сооружений в той степени, в какой на них воздействуют или могут воздействовать состояние элементов окружающей среды, указанных в подпункте 1) настоящего пункта, или через посредство этих элементов факторы, деятельность или меры, указанные в подпунктах 2), 3) и 4) настоящего пункта;

8) об уязвимости к изменению климата, о существующих и прогнозируемых воздействиях изменения климата, а также мерах по адаптации к изменению климата.

2. Экологическая информация является общедоступной и не подлежит ограничению и засекречиванию.

Статья 18. Доступ к экологической информации

1. Общественность имеет право на доступ к полной, достоверной и своевременной экологической информации, которой располагают государственные органы, в том числе ими произведенной или полученной, либо находящейся во владении любого физического или юридического лица, действующего по поручению государственного органа.

2. Обладатели экологической информации обязаны предоставлять экологическую информацию по запросу, за исключением случаев, предусмотренных статьей 20 настоящего Кодекса. Никто не вправе требовать от заявителя, обратившегося с запросом о предоставлении экологической информации, представления обоснования своей заинтересованности в получении такой информации.

3. Обладателями экологической информации признаются:

1) органы и учреждения законодательной, исполнительной и судебной ветвей государственной власти, местного государственного управления и самоуправления;

2) государственные учреждения, не являющиеся государственными органами, деятельность или услуги которых имеют отношение к окружающей среде;

3) субъекты квазигосударственного сектора, деятельность или услуги которых имеют отношение к окружающей среде;

4) физические и юридические лица – в части обладаемой ими экологической информации.

4. Общественность имеет также право на свободный и бесплатный доступ к общедоступным государственным электронным информационным ресурсам, содержащим экологическую информацию.

Статья 19. Форма предоставления экологической информации

1. Экологическая информация должна быть предоставлена заявителю в форме, указанной в соответствующем запросе о предоставлении экологической информации, кроме случаев, когда:

1) имеются объективные и разумные основания предоставить ее в иной форме с указанием таких оснований;

2) она ранее была предоставлена общественности в иной форме.

2. При наличии такого указания в запросе о предоставлении экологической информации заявителю должны быть предоставлены также копии фактической документации, содержащей или включающей соответствующую экологическую информацию.

Статья 20. Сроки и порядок предоставления экологической информации

1. Сроки, порядок предоставления и отказа в предоставлении экологической информации устанавливаются Административным процедурно-процессуальным кодексом Республики Казахстан и Законом Республики Казахстан "О доступе к информации" с учетом требований настоящего Кодекса.

2. Доступ к экологической информации, относящейся к процедуре оценки воздействия на окружающую среду и процессу принятия решений по намечаемой деятельности, обеспечивается в соответствии с настоящим Кодексом.

3. В предоставлении доступа к экологической информации должно быть отказано:

1) если содержание запроса не позволяет установить запрашиваемую экологическую информацию;

2) если запрос не соответствует требованиям Закона Республики Казахстан "О доступе к информации";

3) если это повлечет за собой нарушение законодательства Республики Казахстан о персональных данных и их защите;

4) если в запросе ставится вопрос о правовой оценке актов, принятых обладателем экологической информации, проведении анализа деятельности обладателя экологической информации либо подведомственных ему органов и организаций или иной аналитической работы до ее завершения;

5) до принятия решения по результатам проверок, проводимых в рамках государственного контроля и надзора;

6) до принятия окончательного решения, вырабатываемого по итогам межведомственной и внутриведомственной переписки или совещаний в государственных органах;

7) до принятия взаимного соглашения об условиях раскрытия содержания документов, поступивших от иностранных государств или международных организаций;

8) если это повлечет за собой нарушение прав интеллектуальной собственности;

9) если это повлечет за собой нарушение конфиденциальности первичных статистических данных.

Информация о количественных и качественных показателях эмиссий в окружающую среду не может быть признана коммерческой или иной охраняемой законом тайной.

4. В тех случаях, когда информация, не подлежащая раскрытию согласно пункту 3 настоящей статьи, может быть отделена без ущерба для ее конфиденциальности от иной информации, последняя должна быть предоставлена заявителю.

5. В случаях, когда государственный орган не располагает запрашиваемой экологической информацией, полученный запрос в сроки, установленные законодательством Республики Казахстан, перенаправляется в соответствующий государственный орган с уведомлением заявителя об этом.

Статья 21. Сбор и распространение экологической информации

1. Государство обеспечивает меры по сбору и распространению экологической информации, в том числе посредством:

1) ведения и размещения в открытом доступе регистра выбросов и переноса загрязнителей Республики Казахстан;

2) разработки и опубликования Национального доклада о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан;

3) ведения государственного фонда экологической информации и предоставления свободного доступа к нему;

4) регулярного распространения экологической информации в средствах массовой информации, в периодических и специальных печатных изданиях и иной информационной продукции, на интернет-ресурсах, с применением иных общедоступных информационно-коммуникационных средств, а также в рамках проводимых государственными органами мероприятий по экологическому просвещению.

2. Государственные органы обязаны оказывать поддержку общественности в вопросах получения доступа к информации, в том числе посредством предоставления полной информации о виде и объеме экологической информации, находящейся в распоряжении соответствующих государственных органов, и об условиях и порядке предоставления такой информации и доступа к ней.

3. Местный исполнительный орган области, города республиканского значения, столицы ежегодно до 1 мая размещает на официальном интернет-ресурсе информацию за предыдущий год:

1) об утвержденных целевых показателях качества окружающей среды и фактических результатах всех соответствующих индикаторов;

2) о ходе реализации на местном уровне государственной экологической политики;

3) о ходе реализации плана мероприятий по охране окружающей среды и расходах местного бюджета на такие мероприятия;

4) об общей сумме платы за негативное воздействие на окружающую среду, поступившей в местный бюджет.

4. Уполномоченный орган в области охраны окружающей среды ежегодно до 1 мая размещает на официальном интернет-ресурсе информацию за предыдущий год:

1) о ходе реализации государственной экологической политики;

2) о реализованных мероприятиях по ремедиации экологического ущерба;

3) о расходах республиканского бюджета на мероприятия по охране окружающей среды;

4) о результатах государственного экологического контроля и общей сумме взысканных в бюджет штрафов за нарушение требований экологического законодательства Республики Казахстан.

Статья 22. Регистр выбросов и переноса загрязнителей

1. Регистр выбросов и переноса загрязнителей – структурированная электронная база данных о состоянии эмиссий загрязняющих веществ в окружающую среду и уровнях загрязнения окружающей среды, размещенная в открытом доступе на официальном интернет-ресурсе, которая ведется в целях обеспечения права каждого на доступ к экологической информации и участия общественности в процессе принятия решений по вопросам, касающимся окружающей среды, а также содействия предотвращению и сокращению загрязнения окружающей среды.

2. Уполномоченный орган в области охраны окружающей среды организует ведение регистра выбросов и переноса загрязнителей.

Ведение регистра выбросов и переноса загрязнителей осуществляет подведомственная организация уполномоченного органа в области охраны окружающей среды.

Правила ведения регистра выбросов и переноса загрязнителей утверждаются уполномоченным органом в области охраны окружающей среды.

3. Для целей настоящей статьи в отношении регистра выбросов и переноса загрязнителей:

1) термин "загрязнитель" означает вещество или группу веществ, которые могут быть вредны для окружающей среды, жизни и (или) здоровья человека в силу их свойств и в результате введения таких веществ в окружающую среду и которые включены в перечень загрязнителей для отчетности по отраслям промышленности, установленный правилами ведения регистра выбросов и переноса загрязнителей;

2) термин "выброс" означает любое введение загрязнителей в окружающую среду в результате какой-либо деятельности независимо от того, является ли оно намеренным или аварийным, плановым или внеплановым, включая разлив на земной поверхности и водных объектах, эмиссию в атмосферный воздух, сброс загрязнителей в водные объекты, закачку загрязнителей в недра, захоронение отходов или их размещение на земной поверхности либо через системы канализации без окончательной очистки сточных вод;

3) термин "перенос" означает перемещение за пределы объекта загрязнителей или отходов, предназначенных для удаления или восстановления, а также загрязнителей, содержащихся в предназначенных для очистки сточных водах;

4) термин "объект" означает одну или несколько промышленных установок на одном и том же участке или прилегающих участках, которые находятся в собственности одного и того же лица или эксплуатируются одним и тем же лицом.

4. Информация регистра выбросов и переноса загрязнителей приводится с привязкой к соответствующим картографическим материалам в целях наглядного ее представления на местности.

5. Регистр выбросов и переноса загрязнителей ведется:

1) в привязке к конкретным объектам – в отношении отчетности по стационарным организованным источникам;

2) отдельно по каждому виду загрязнителя и каждому виду отходов – согласно перечню загрязнителей для отчетности по отраслям промышленности, установленному правилами ведения регистра выбросов и переноса загрязнителей;

3) на основе определения эмиссий в окружающую среду – в соответствии с инструктивно-методическими документами.

Инструктивно-методические документы определения эмиссий в окружающую среду, в том числе методики расчета эмиссий тяжелых металлов и стойких органических загрязняющих веществ, утверждаются уполномоченным органом в области охраны окружающей среды.

6. Регистр выбросов и переноса загрязнителей содержит информацию о действующих в Республике Казахстан нормативах качества окружающей среды, влиянии загрязняющих веществ на здоровье населения и окружающую среду, другую научно обоснованную информацию по выбросам и переносам загрязняющих веществ, а также информацию об объектах, осуществляющих эмиссии загрязняющих веществ в Республике Казахстан.

7. Информация о каждом объекте, предоставляемая в регистр выбросов и переноса загрязнителей, должна содержать:

1) наименование, бизнес-идентификационный номер, почтовый адрес, географическое место расположения (координаты объекта) и вид или виды деятельности объекта, по которому представляется отчетность, а также имя и фамилию первого руководителя;

2) наименование и идентификационный номер каждого загрязнителя, по которому требуется представлять отчетность;

3) количество каждого загрязнителя, выброс которого был осуществлен на объекте за отчетный год (как в совокупности, так и в разбивке по выбросам в воздух, воду или землю, включая закачку загрязнителей в недра);

4) количество отходов, перенесенных за пределы объекта за отчетный год (в случае превышения переноса за пределы объекта двух тонн в год для опасных отходов или двух тысяч тонн в год для неопасных отходов), с разграничением между опасными и неопасными отходами, указанием соответственно пометки "В" или "У" (в зависимости от предназначения отходов для восстановления или удаления), а при трансграничном переносе опасных отходов – наименование и адрес субъекта, осуществляющего восстановление или удаление отходов, географическое место расположения объекта, на который поступает перенос;

5) количество каждого загрязнителя в сточных водах, по которому требуется представлять отчетность и который перенесен за пределы объекта в течение отчетного года;

6) тип методологии, использовавшейся для получения информации о количестве загрязнителей и отходов, с указанием того, основана ли информация на измерениях, расчетах или оценках.

8. Операторы объектов, указанные в пункте 9 настоящей статьи, обязаны ежегодно до 1 апреля представлять в регистр выбросов и переноса загрязнителей отчетность за предыдущий календарный год, содержащую информацию в соответствии с пунктом 7 настоящей статьи.

Отчетным годом является календарный год, к которому относится такая информация.

9. Обязанность по представлению отчетности, установленная пунктом 8 настоящей статьи, распространяется на операторов объектов, которые осуществляют один или более видов деятельности сверх применимых пороговых значений для мощности производства, установленных в правилах ведения регистра выбросов и переноса загрязнителей, и соответствуют любому из нижеперечисленных критериев:

1) осуществляют выбросы любых загрязнителей в количествах, превышающих применимые пороговые значения;

2) осуществляют перенос за пределы занимаемой объектом промышленной площадки любого загрязнителя в сточных водах, предназначенных для очистки, в количествах, превышающих применимые пороговые значения.

Применимые пороговые значения для количества выбросов и переноса загрязнителей в Республике Казахстан согласно части первой настоящего пункта устанавливаются правилами ведения регистра выбросов и переноса загрязнителей.

10. Информация в регистр выбросов и переноса загрязнителей предоставляется операторами посредством заполнения формы отчетности в информационной системе регистра выбросов и переноса загрязнителей и подписания данной формы электронной цифровой подписью лица, уполномоченного соответствующим оператором на предоставление от его имени информации в указанный регистр.

11. Определение выбросов и переноса загрязнителей осуществляется оператором с использованием наилучшей имеющейся информации, которая определяется в соответствии с правилами ведения регистра выбросов и переноса загрязнителей. Данные, с помощью которых была получена отчетная информация, а также описание использованной методологии сбора данных должны храниться оператором в течение пяти лет начиная с конца соответствующего отчетного года.

12. Уполномоченный орган в области охраны окружающей среды размещает в открытом доступе информацию, предоставляемую операторами в регистр выбросов и переноса загрязнителей.

Ответственность за полноту и качество предоставленной информации несет оператор.

13. Информация должна включаться в регистр выбросов и переноса загрязнителей и быть доступна для общественности не позднее пятнадцати месяцев с момента окончания каждого отчетного года.

14. Данные регистра выбросов и переноса загрязнителей должны быть доступны общественности за период не менее десяти предыдущих отчетных лет с момента внедрения регистра выбросов и переноса загрязнителей.

15. Регистр выбросов и переноса загрязнителей должен предусматривать возможность поиска выбросов и переноса загрязнителей и их идентификации по:

1) объекту и его географическому месту расположения;

2) виду деятельности;

3) оператору объекта;

4) загрязнителю и (или) отходам;

5) каждому компоненту окружающей среды, в который осуществляются выбросы;

6) конечному пункту переноса загрязнителей и в соответствующих случаях – по видам операций по удалению или восстановлению отходов.

Сноска. Статья 22 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 23. Национальный доклад о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан

1. Национальный доклад о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан (далее – Национальный доклад) является аналитическим отчетом о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан, который составляется на ежегодной основе в целях информирования населения о фактической экологической ситуации на территории Республики Казахстан и мерах, принимаемых по ее улучшению.

2. Правила разработки Национального доклада, а также разработки и ведения Интерактивного доклада о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан утверждаются уполномоченным органом в области охраны окружающей среды.

3. В Национальном докладе отражаются следующие сведения:

1) о качественной и количественной характеристиках окружающей среды и природных ресурсов;

2) об антропогенном воздействии на окружающую среду, включая основные общественно значимые экологические проблемы;

3) об экологической обстановке в регионах, включая сведения о целевых показателях качества окружающей среды;

4) об изменениях, внесенных в экологическое законодательство Республики Казахстан за отчетный период;

5) о реализации государственной экологической политики и политики в области использования природных ресурсов Республики Казахстан, в том числе в части перехода Республики Казахстан к "зеленой" экономике и устойчивого развития;

6) о воздействиях изменения климата, прогнозируемых воздействиях изменения климата, уязвимости к изменению климата и мерах по адаптации к изменению климата;

7) о выполнении международных обязательств Республики Казахстан в области охраны окружающей среды.

4. Центральные государственные органы и местные исполнительные органы ежегодно до 1 марта года, следующего за отчетным, предоставляют информацию для составления Национального доклада в соответствии с правилами разработки Национального и Интерактивного докладов о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан.

5. Уполномоченный орган в области охраны окружающей среды на основании имеющихся данных, а также информации, предоставленной центральными государственными органами и местными исполнительными органами, организует разработку Национального доклада и его опубликование на официальном интернет-ресурсе.

Разработку Национального доклада осуществляет подведомственная организация уполномоченного органа в области охраны окружающей среды.

Сноска. Статья 23 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 24. Интерактивный доклад о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан

1. В целях распространения информации о состоянии окружающей среды и об использовании природных ресурсов в форме, доступной для понимания широким кругом лиц, и для расширения доступа общественности к такой информации уполномоченный орган в области охраны окружающей среды организует ежегодную разработку Интерактивного доклада о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан (далее – Интерактивный доклад).

2. Интерактивный доклад разрабатывается на базе Национального доклада за предыдущий год и размещается на официальных интернет-ресурсах лица, ответственного за его разработку, и уполномоченного органа в области охраны окружающей среды.

Статья 25. Государственный фонд экологической информации

1. Государственный фонд экологической информации представляет собой систему централизованного сбора, учета, систематизации, хранения, распространения экологической информации и иной нормативной, статистической, учетной, отчетной, научной и аналитической информации, касающейся вопросов окружающей среды, природных ресурсов, устойчивого развития и экологии, в письменной, электронной, аудиовизуальной или иной формах.

2. Государственный фонд экологической информации ведется в целях обеспечения реализации права общественности на доступ к экологической информации, экологического просвещения и повышения экологической культуры населения, а также информационного обеспечения государственных органов.

3. Правила ведения государственного фонда экологической информации утверждаются уполномоченным органом в области охраны окружающей среды.

4. Уполномоченный орган в области охраны окружающей среды организует ведение государственного фонда экологической информации.

Ведение государственного фонда экологической информации осуществляет подведомственная организация уполномоченного органа в области охраны окружающей среды.

5. Информация государственного фонда экологической информации в электронной форме размещается в открытом доступе на интернет-ресурсе в соответствии с правилами ведения государственного фонда экологической информации.

6. Государственные органы предоставляют информацию в государственный фонд экологической информации в соответствии с правилами ведения государственного фонда экологической информации.

7. Источниками информации государственного фонда экологической информации являются:

1) государственные кадастры природных ресурсов;

2) государственный кадастр отходов;

3) государственный кадастр потребления озоноразрушающих веществ;

4) государственный углеродный кадастр;

5) государственный реестр углеродных единиц;

6) Национальный план углеродных квот;

7) определяемые на национальном уровне вклады Республики Казахстан по сокращению выбросов парниковых газов;

8) план мероприятий по сокращению выбросов парниковых газов на соответствующий период и отчеты о выполнении определяемых на национальном уровне вкладов Республики Казахстан по сокращению выбросов парниковых газов;

9) регистр выбросов и переноса загрязнителей;

10) национальный доклад Республики Казахстан о кадастре антропогенных выбросов из источников и абсорбции поглотителями парниковых газов, не регулируемых Монреальским протоколом по веществам, разрушающим озоновый слой;

11) государственный реестр объектов исторического загрязнения;

12) материалы оценки воздействия на окружающую среду и государственной экологической экспертизы, в том числе протоколы общественных слушаний;

13) материалы по стратегической экологической оценке в соответствии с пунктом 7 статьи 60 настоящего Кодекса;

14) международные договоры по вопросам охраны окружающей среды, участницей которых является Республика Казахстан;

15) документы Системы государственного планирования в Республике Казахстан, затрагивающие вопросы охраны окружающей среды и использования природных ресурсов;

16) нормативные правовые акты и нормативно-технические документы в области охраны окружающей среды и использования природных ресурсов;

17) разработанные в соответствии с требованиями настоящего Кодекса справочники по наилучшим доступным техникам;

18) информация, связанная с воздействиями изменения климата, прогнозируемыми воздействиями изменения климата, уязвимостью к изменению климата и мерами по адаптации к изменению климата;

19) отчеты о выполнении научно-исследовательских и опытно-конструкторских работ, связанных с охраной окружающей среды и использованием природных ресурсов;

20) национальные доклады о состоянии окружающей среды и об использовании природных ресурсов Республики Казахстан;

21) карты экологической чувствительности для ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан;

22) отчеты по результатам контрольной и правоприменительной деятельности в области охраны окружающей среды и использования природных ресурсов;

23) выданные экологические разрешения, включая программы повышения экологической эффективности, программы управления отходами, планы мероприятий по охране окружающей среды, программы производственного экологического контроля, отчеты по результатам производственного экологического контроля, а также представленные декларации о воздействии на окружающую среду;

24) данные государственного экологического мониторинга;

25) реестр (перечень) генетически модифицированных организмов и продуктов;

26) научно-техническая и аналитическая литература в области экологии;

27) планы мероприятий по охране окружающей среды, утвержденные местными представительными органами областей, городов республиканского значения, столицы, и отчеты об их исполнении;

28) иные материалы и документы, содержащие экологическую информацию.

Сноска. Статья 25 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

РАЗДЕЛ 2. ГОСУДАРСТВЕННОЕ УПРАВЛЕНИЕ В ОБЛАСТИ ОХРАНЫ ОКРУЖАЮЩЕЙ СРЕДЫ

Статья 26. Компетенция Правительства Республики Казахстан в области охраны окружающей среды

В области охраны окружающей среды Правительство Республики Казахстан:

1) разрабатывает основные направления государственной экологической политики и организует их осуществление;

2) исключен Законом РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
3) исключен Законом РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
4) исключен Законом РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
5) исключен Законом РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 26 с изменениями, внесенными Законом РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 27. Компетенция уполномоченного органа в области охраны окружающей среды

1. Уполномоченным органом в области охраны окружающей среды является центральный исполнительный орган, осуществляющий руководство и межотраслевую координацию в области охраны окружающей среды, метеорологического и гидрологического мониторинга.

2. Уполномоченный орган в области охраны окружающей среды формирует и реализует единую государственную экологическую политику посредством:

1) разработки и утверждения нормативных правовых актов в области охраны окружающей среды в случаях, предусмотренных настоящим Кодексом;

2) проведения координации в пределах своей компетенции деятельности центральных и местных исполнительных органов в части осуществления ими деятельности в области охраны окружающей среды;

3) лицензирования деятельности в области охраны окружающей среды;

4) выдачи экологических разрешений в пределах своей компетенции, установленной настоящим Кодексом;

5) приема уведомлений о начале или прекращении предпринимательской деятельности в случаях, предусмотренных настоящим Кодексом;

6) проведения государственной экологической экспертизы в пределах своей компетенции, установленной настоящим Кодексом;

7) осуществления государственного экологического контроля;

8) разработки и организации осуществления мероприятий по охране окружающей среды, имеющих значение на республиканском уровне;

9) осуществления государственного регулирования в сфере выбросов и поглощений парниковых газов;

10) осуществления государственного регулирования в области охраны озонового слоя Земли;

11) согласования планов мероприятий по охране окружающей среды местных исполнительных органов областей, городов республиканского значения, столицы;

12) осуществления международного сотрудничества в области охраны окружающей среды;

12-1) осуществления реализации государственной политики по выполнению обязательств по международным договорам Республики Казахстан в области изменения климата;

13) выполнения иных функций, возложенных на него настоящим Кодексом, иными законами Республики Казахстан, актами Президента Республики Казахстан и Правительства Республики Казахстан.

Распределение функций и полномочий, предусмотренных подпунктами 4) – 7) части первой настоящего пункта, а также главой 7 настоящего Кодекса, между уполномоченным органом в области охраны окружающей среды, его ведомствами и территориальными подразделениями устанавливается уполномоченным органом в области охраны окружающей среды.

Сноска. Статья 27 с изменениями, внесенными законами РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 28. Реализация единой государственной экологической политики

1. Единая государственная экологическая политика Республики Казахстан реализуется по основным направлениям, разработанным Правительством Республики Казахстан.

2. Местные исполнительные органы областей, городов республиканского значения, столицы с учетом утвержденных целевых показателей качества окружающей среды несут ответственность за реализацию государственной экологической политики на местном уровне в соответствии с законодательством Республики Казахстан.

3. При реализации государственной экологической политики на центральном и местном уровнях должно быть обеспечено соблюдение права заинтересованной общественности на участие в процессе принятия решений по вопросам, касающимся охраны окружающей среды, в соответствии с настоящим Кодексом.

4. Государственные органы и должностные лица в пределах своей компетенции обеспечивают меры по экологическому просвещению и повышению экологической культуры физических и юридических лиц, а также создают необходимые условия для их привлечения на добровольной основе к реализации государственной экологической политики.

Статья 29. Мероприятия по охране окружающей среды, финансируемые за счет бюджетных средств

1. Мероприятиями по охране окружающей среды является комплекс технологических, технических, организационных, социальных и экономических мер, направленных на охрану окружающей среды и улучшение ее качества.

2. Мероприятия по охране окружающей среды, финансируемые за счет бюджетных средств, определяются в соответствии с направлениями, устанавливаемыми документами Системы государственного планирования в Республике Казахстан, а также решениями Президента Республики Казахстан, Правительства Республики Казахстан и местных представительных органов.

3. Мероприятия по охране окружающей среды организуются:

1) на местном уровне – местными исполнительными органами областей, городов республиканского значения, столицы;

2) на республиканском уровне – уполномоченным органом в области охраны окружающей среды.

4. К мероприятиям по охране окружающей среды относятся мероприятия:

1) направленные на обеспечение экологической безопасности;

2) улучшающие состояние компонентов окружающей среды посредством повышения качественных характеристик окружающей среды;

3) способствующие стабилизации и улучшению состояния экологических систем, сохранению и устойчивому использованию биоразнообразия, воспроизводству природных ресурсов;

4) предупреждающие и предотвращающие загрязнение окружающей среды, деградацию природной среды, причинение экологического ущерба в любой форме и связанные с этим угрозы для жизни и (или) здоровья человека;

5) направленные на обеспечение безопасного управления опасными химическими веществами, включая стойкие органические загрязнители, снижение уровня химического, биологического и физического воздействий на окружающую среду как антропогенного, так и природного характера;

6) совершенствующие методы и технологии, направленные на охрану окружающей среды, устойчивое использование природных ресурсов и внедрение международных стандартов управления охраной окружающей среды;

7) повышающие эффективность производственного экологического контроля;

8) формирующие информационные системы в области охраны окружающей среды и способствующие предоставлению экологической информации;

9) способствующие пропаганде экологических знаний, экологическому образованию и просвещению для устойчивого развития;

10) направленные на сокращение объемов выбросов парниковых газов и (или) увеличение поглощений парниковых газов.

11) направленные на проведение научно-исследовательских и опытно-конструкторских работ в области охраны окружающей среды.

5. Мероприятия по охране окружающей среды местных исполнительных органов областей, городов республиканского значения, столицы проводятся на основании и в соответствии с планами мероприятий по охране окружающей среды.

План мероприятий по охране окружающей среды разрабатывается на трехлетнюю перспективу местным исполнительным органом области, города республиканского значения, столицы с участием представителей заинтересованной общественности исходя из типового перечня мероприятий по охране окружающей среды, предусмотренного приложением 4 к настоящему Кодексу.

Проект плана мероприятий по охране окружающей среды проходит процедуру общественных слушаний в соответствии с правилами проведения общественных слушаний.

После согласования с уполномоченным органом в области охраны окружающей среды план мероприятий по охране окружающей среды утверждается соответствующим местным представительным органом области, города республиканского значения, столицы.

Порядок разработки плана мероприятий по охране окружающей среды разрабатывается и утверждается уполномоченным органом в области охраны окружающей среды.

6. Местные исполнительные органы областей, городов республиканского значения, столицы ежегодно представляют отчет об исполнении плана мероприятий по охране окружающей среды в соответствующий местный представительный орган области, города республиканского значения, столицы и уполномоченный орган в области охраны окружающей среды не позднее 1 февраля после окончания отчетного периода.

7. Утвержденный план мероприятий по охране окружающей среды реализуется за счет бюджетных средств в объеме не менее сумм платы за негативное воздействие на окружающую среду, поступивших в местный бюджет в течение трех лет, предшествовавших году разработки и утверждения данного плана мероприятий.

В случае недостаточности средств, формируемых из поступивших сумм платы за негативное воздействие на окружающую среду и направляемых на мероприятия по охране окружающей среды, утвержденный план мероприятий по охране окружающей среды может быть изменен исключительно по согласованию с уполномоченным органом в области охраны окружающей среды.

8. Мероприятия по охране окружающей среды местных исполнительных органов областей, городов республиканского значения, столицы могут дополнительно осуществляться за счет иных источников, не запрещенных законодательными актами Республики Казахстан.

Сноска. Статья 29 с изменениями, внесенными Законом РК от 02.10.2023 № 31-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 30. Межведомственное взаимодействие в области охраны окружающей среды

В целях реализации государственной экологической политики государственные органы и должностные лица обязаны в пределах своей компетенции оказывать содействие уполномоченному органу в области охраны окружающей среды при осуществлении его функций.

РАЗДЕЛ 3. ГОСУДАРСТВЕННОЕ РЕГУЛИРОВАНИЕ ЭКОЛОГИЧЕСКИХ ОТНОШЕНИЙ

Статья 31. Формы и средства государственного регулирования экологических отношений

Государственное регулирование экологических отношений осуществляется посредством установления государством экологических требований, обязательных для исполнения субъектами регулируемых настоящим Кодексом отношений, и применения инструментов государственного регулирования в области охраны окружающей среды в соответствии с настоящим Кодексом.

Статья 32. Общие положения об экологических требованиях

Под экологическими требованиями понимаются правила, требования, ограничения и запреты, установленные экологическим законодательством Республики Казахстан, которые направлены на обеспечение охраны окружающей среды.

Статья 33. Виды инструментов государственного регулирования в области охраны окружающей среды

1. Под инструментами государственного регулирования в области охраны окружающей среды понимается совокупность мер, действий и процедур, направленных на обеспечение соблюдения экологических требований.

2. Инструментами государственного регулирования в области охраны окружающей среды являются:

1) лицензирование деятельности в области охраны окружающей среды;

2) экологическое нормирование;

3) техническое регулирование в области охраны окружающей среды;

4) экологическая оценка;

5) государственная экологическая экспертиза;

6) экологические разрешения и декларации о воздействии на окружающую среду;

7) мониторинг окружающей среды и природных ресурсов;

8) государственный экологический контроль;

9) уведомительный порядок деятельности по сбору, сортировке и (или) транспортировке отходов;

10) инструменты государственного регулирования в сфере выбросов и поглощений парниковых газов.

Статья 34. Лицензирование деятельности в области охраны окружающей среды

1. Виды работ и услуг физических и юридических лиц в области охраны окружающей среды, подлежащие лицензированию, определяются в соответствии с Законом Республики Казахстан "О разрешениях и уведомлениях".

2. Квалификационные требования к лицензируемому виду деятельности в области охраны окружающей среды по их подвидам утверждаются уполномоченным органом в области охраны окружающей среды.

Глава 5. ЭКОЛОГИЧЕСКОЕ НОРМИРОВАНИЕ

Статья 35. Общие положения

1. Экологическое нормирование заключается в установлении экологических нормативов качества, целевых показателей качества окружающей среды и нормативов допустимого антропогенного воздействия на окружающую среду.

2. Экологическое нормирование осуществляется государством в целях гарантирующего сохранение благоприятной окружающей среды и обеспечение экологической безопасности государственного регулирования деятельности человека для предотвращения и (или) снижения ее негативного воздействия на окружающую среду и здоровье людей.

3. Государственный орган при разработке и утверждении нормативного правового акта или принятии ненормативного правового акта, в результате реализации которого происходит и (или) может произойти негативное воздействие на окружающую среду, обязан, основываясь на принципе интеграции, учитывать необходимость достижения экологических нормативов качества и целевых показателей качества окружающей среды, установленных для соответствующих административно-территориальных единиц.

При осуществлении градостроительного планирования развития и застройки территорий не допускается размещение новых селитебных территорий в пределах зон, в которых не обеспечивается соблюдение экологических нормативов качества, направленных на охрану здоровья человека.

4. Решения, действия (бездействие) государственного органа или должностного лица, нарушающие требование пункта 3 настоящей статьи, могут быть оспорены в порядке, установленном законодательством Республики Казахстан.

Статья 36. Экологические нормативы качества

1. Под экологическими нормативами качества понимается установленная государством в отношении состояния отдельных компонентов окружающей среды совокупность количественных и качественных характеристик, достижение и поддержание которых являются необходимыми для обеспечения благоприятной окружающей среды.

2. На основании экологических нормативов качества осуществляется оценка текущего состояния окружающей среды и устанавливаются нормативы допустимого антропогенного воздействия на нее.

3. Экологические нормативы качества разрабатываются и устанавливаются в соответствии с настоящим Кодексом отдельно для каждого из следующих компонентов окружающей среды:

1) атмосферного воздуха;

2) поверхностных и подземных вод;

3) почв и земель.

4. К экологическим нормативам качества относятся:

1) нормативы, установленные для химических показателей состояния компонентов окружающей среды;

2) нормативы, установленные для физических факторов окружающей среды;

3) нормативы, установленные для биологических показателей состояния компонентов окружающей среды.

5. Экологические нормативы качества для химических показателей состояния компонентов окружающей среды устанавливаются в виде предельно допустимых концентраций загрязняющих веществ.

Под предельно допустимой концентрацией загрязняющего вещества понимается максимальное количество (масса) загрязняющего вещества, включенного в перечень загрязняющих веществ, в единице объема или массы атмосферного воздуха, поверхностных или подземных вод, почвы или на единицу площади земной поверхности, которое (которая) при постоянном или временном воздействии на человека не влияет на его здоровье и не вызывает неблагоприятные наследственные изменения у потомства, а также деградацию объектов природной среды, не нарушает устойчивость экологических систем и биоразнообразие.

Экологические нормативы качества для химических показателей состояния компонентов окружающей среды устанавливаются отдельно с точки зрения влияния на здоровье человека и природную среду (экосистемы, животный и растительный мир).

6. Экологические нормативы качества для физических факторов окружающей среды устанавливаются в виде предельно допустимых уровней негативных физических воздействий на окружающую среду.

Под предельно допустимым уровнем негативного физического воздействия понимается максимальный уровень отдельных видов физического воздействия (шума, вибрации, электрических, электромагнитных, магнитных полей, радиации, тепла), при котором отсутствует вредное воздействие на состояние животных, растений, экологических систем и биоразнообразия.

7. Экологические нормативы качества для биологических показателей состояния компонентов окружающей среды устанавливаются в отношении отдельных видов и групп растений, животных и других используемых как индикаторы качества природной среды организмов на уровне их естественных показателей либо в виде интервала допустимого отклонения от таких естественных показателей с учетом свойств природной среды и ее способности по поддержанию и восстановлению своего качества.

8. Экологические нормативы качества с точки зрения влияния на природную среду устанавливаются с учетом природных условий, сформировавшихся под влиянием природных факторов, характерных для конкретной территории или акватории, а также назначения использования таких территорий или акваторий, установленного в соответствии с законодательством Республики Казахстан.

9. При установлении экологических нормативов качества вод трансграничных водоемов и водотоков должны быть учтены требования соответствующих международных договоров, ратифицированных Республикой Казахстан.

10. Нормы и нормативы в области использования природных ресурсов, которые устанавливаются в соответствии с законодательством Республики Казахстан об использовании соответствующего вида природных ресурсов, не относятся к экологическим нормативам.

11. В целях сохранения и улучшения особо охраняемых природных территорий для этих территорий с учетом их особого природоохранного статуса в соответствии с настоящим Кодексом могут быть разработаны и утверждены более строгие экологические нормативы качества, чем те, которые установлены для всей территории Республики Казахстан.

12. Экологические нормативы качества разрабатываются уполномоченным органом в области охраны окружающей среды на основании результатов лабораторных испытаний, научных исследований и международного опыта, а также для конкретных территорий и акваторий – на основании данных многолетних (не менее пяти лет) наблюдений за состоянием окружающей среды на таких территориях и в таких акваториях.

13. Экологические нормативы качества устанавливаются по показателям, контроль за соблюдением которых обеспечивается наличием контрольно-измерительного оборудования и соответствующих методик (методов) измерений, способов индикации, тестирования и (или) контроля, утвержденных в соответствии с законодательством Республики Казахстан.

14. Экологические нормативы качества разрабатываются и устанавливаются с учетом значений природного фона соответствующего компонента природной среды. Природный фон компонента природной среды определяется на основании результатов многолетних (не менее пяти лет) наблюдений за состоянием окружающей среды и отбора проб и (или) измерений по химическим, биологическим и физическим показателям компонента природной среды на эталонных участках.

15. В качестве эталонного участка принимается территория, акватория или ее часть, которые расположены в пределах репрезентативной особо охраняемой природной территории (акватории), а при отсутствии такой особо охраняемой природной территории (акватории) – на территории или в акватории, которая имеет аналогичные природные особенности и состояние которой характеризуется отсутствием признаков угнетения живых элементов естественной экологической системы (растений, животных и других организмов).

Критерии и порядок выбора территории, акватории или ее части в качестве эталонного участка определяются в правилах разработки и пересмотра экологических нормативов качества, утверждаемых уполномоченным органом в области охраны окружающей среды.

16. Экологические нормативы качества утверждаются уполномоченным органом в области охраны окружающей среды сроком на десять лет и подлежат пересмотру по истечении указанного срока на основании обновленных научных знаний об окружающей среде, природных и антропогенных факторах, влияющих на ее качество, а также с учетом развития методов, техник и технологий мониторинга и контроля. Экологические нормативы качества также подлежат пересмотру не позднее первого года после вступления в силу международных обязательств Республики Казахстан по вопросам охраны окружающей среды, требующих принятия мер по введению более строгих экологических нормативов качества.

Статья 37. Целевые показатели качества окружающей среды

1. Под целевыми показателями качества окружающей среды (далее – целевые показатели качества) понимается совокупность количественных и качественных характеристик состояния отдельных компонентов окружающей среды и иных показателей, характеризующих уровень обеспечения мер по охране окружающей среды и эффективному управлению отходами, которые должны быть достигнуты за определенный период времени.

2. Целевые показатели качества устанавливаются на уровне каждой области, города республиканского значения и столицы.

3. Местные исполнительные органы областей, городов республиканского значения, столицы обязаны разрабатывать целевые показатели качества на каждый пятилетний период.

4. Разработанные целевые показатели качества подлежат согласованию с уполномоченным органом в области охраны окружающей среды и утверждаются местными представительными органами соответствующих административно-территориальных единиц.

5. Целевые показатели качества, разрабатываемые и утверждаемые для каждой области, должны содержать соответствующие показатели как для области в целом, так и для следующих территорий в пределах области:

1) районов;

2) населенных пунктов с количеством населения, превышающим 100 000 человек;

3) иных населенных пунктов, в пределах которых по результатам мониторинга состояния окружающей среды выявлено нарушение экологических нормативов качества;

4) особо охраняемых природных территорий;

5) иных территорий (акваторий), в пределах которых по результатам мониторинга состояния окружающей среды выявлено нарушение экологических нормативов качества.

6. Правила разработки целевых показателей качества, в том числе минимальный перечень индикаторов, для которых устанавливаются целевые показатели качества, утверждаются уполномоченным органом в области охраны окружающей среды с учетом положений настоящего Кодекса.

7. В перечень минимальных индикаторов, для которых устанавливаются целевые показатели качества, в обязательном порядке включаются:

1) качество атмосферного воздуха;

2) качество поверхностных и подземных вод;

3) качество земель и почв;

4) совокупные площади лесов и зеленых насаждений с учетом условий климата и почв каждого отдельного региона;

5) сокращение деградации и опустынивания земель;

6) совокупный объем выбросов по видам загрязняющих веществ;

7) совокупный объем сбросов по видам загрязняющих веществ и по каждому отдельному водному объекту и бассейну;

8) по видам коммунальных отходов – доля их раздельного сбора, подготовки к повторному использованию, переработки, утилизации и удаления (уничтожения и (или) захоронения);

9) совокупные объемы сокращения выбросов парниковых газов.

8. Для административно-территориальных единиц, территорий (акваторий), на (в) которых не соблюдаются экологические нормативы качества, целевые показатели качества должны быть установлены таким образом, чтобы обеспечить поэтапное достижение экологических нормативов качества в срок, не превышающий десяти лет.

9. На территориях соответствующих административно-территориальных единиц, на которых соблюдаются экологические нормативы качества, могут быть установлены целевые показатели качества, обеспечивающие более высокий уровень качества окружающей среды по сравнению с экологическими нормативами качества, в том числе для индикаторов, не входящих в перечень минимальных индикаторов, для которых устанавливаются целевые показатели качества.

Статья 38. Нормативы допустимого антропогенного воздействия на окружающую среду

1. Нормативы допустимого антропогенного воздействия на окружающую среду – экологические нормативы, которые установлены для показателей воздействия антропогенной деятельности на окружающую среду.

2. К нормативам допустимого антропогенного воздействия на окружающую среду относятся:

1) нормативы эмиссий;

2) технологические нормативы;

3) лимиты накопления отходов, лимиты захоронения отходов;

4) нормативы допустимых физических воздействий на природную среду;

5) лимиты размещения серы в открытом виде на серных картах;

6) нормативы допустимой совокупной антропогенной нагрузки на окружающую среду.

3. Соблюдение нормативов допустимого антропогенного воздействия на окружающую среду, за исключением технологических нормативов, должно обеспечивать соблюдение нормативов качества окружающей среды.

4. Требования к выбросам для различных экологических классов транспортных средств и двигателей внутреннего сгорания и к содержанию загрязняющих веществ в видах топлива устанавливаются в технических регламентах Евразийского экономического союза.

Статья 39. Нормативы эмиссий

1. Под нормативами эмиссий понимается совокупность предельных количественных и качественных показателей эмиссий, устанавливаемых в экологическом разрешении.

2. К нормативам эмиссий относятся:

1) нормативы допустимых выбросов;

2) нормативы допустимых сбросов.

3. Нормативы эмиссий устанавливаются по видам загрязняющих веществ, включенным в перечень загрязняющих веществ в соответствии с частью третьей пункта 2 статьи 11 настоящего Кодекса.

4. Нормативы эмиссий устанавливаются по отдельным стационарным источникам, относящимся к объектам I и II категорий, на уровнях, не превышающих:

1) в случае проведения обязательной оценки воздействия на окружающую среду – соответствующих предельных значений, указанных в заключении по результатам оценки воздействия на окружающую среду в соответствии с подпунктом 3) пункта 2 статьи 76 настоящего Кодекса;

2) в случае проведения в соответствии с настоящим Кодексом скрининга воздействий намечаемой деятельности, по результатам которого вынесено заключение об отсутствии необходимости обязательной оценки воздействия на окружающую среду, – соответствующих значений, указанных в заявлении о намечаемой деятельности в соответствии с подпунктом 9) пункта 2 статьи 68 настоящего Кодекса.

Для объектов, в отношении которых выдается комплексное экологическое разрешение, нормативы эмиссий устанавливаются по отдельным стационарным источникам, относящимся к объектам I и II категорий, на уровнях, не превышающих соответствующих предельных значений эмиссий маркерных загрязняющих веществ, связанных с применением наилучших доступных техник, приведенных в заключениях по наилучшим доступным техникам.

5. Нормативы эмиссий на период эксплуатации объекта, в том числе при внесении в деятельность существенных изменений, рассчитываются и обосновываются в виде отдельного документа – проекта нормативов эмиссий (проекта нормативов допустимых выбросов, проекта нормативов допустимых сбросов), который разрабатывается в привязке к соответствующей проектной документации для эксплуатации объекта.

Нормативы эмиссий на период строительно-монтажных работ и работ по рекультивации и (или) ликвидации рассчитываются и обосновываются в составе раздела "Охрана окружающей среды", который разрабатывается в привязке к соответствующей проектной документации.

6. Определение нормативов эмиссий осуществляется расчетным путем в соответствии с требованиями настоящего Кодекса по методике, утвержденной уполномоченным органом в области охраны окружающей среды.

7. Разработка проектов нормативов эмиссий осуществляется для объектов I категории лицом, имеющим лицензию на выполнение работ и оказание услуг в области охраны окружающей среды.

8. Нормативы эмиссий устанавливаются на срок действия экологического разрешения.

9. Объемы эмиссий в окружающую среду, показатели которых превышают нормативы эмиссий, установленные экологическим разрешением, признаются сверхнормативными.

10. Эмиссии, осуществляемые при проведении мероприятий по ликвидации чрезвычайных ситуаций природного или техногенного характера и их последствий в соответствии с законодательством Республики Казахстан о гражданской защите, а также вследствие применения соответствующих требованиям настоящего Кодекса методов ликвидации аварийных разливов нефти, не подлежат нормированию и не считаются сверхнормативными.

11. Нормативы эмиссий не устанавливаются для объектов III и IV категорий.

Сноска. Статья 39 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 40. Технологические нормативы

1. Под технологическими нормативами в настоящем Кодексе понимаются экологические нормативы, устанавливаемые в комплексном экологическом разрешении в виде:

1) предельного количества (массы) маркерных загрязняющих веществ на единицу объема эмиссий;

2) количества потребления электрической и (или) тепловой энергии, иных ресурсов в расчете на единицу времени или единицу производимой продукции (товара), выполняемой работы, оказываемой услуги.

Под маркерными загрязняющими веществами понимаются наиболее значимые для эмиссий конкретного вида производства или технологического процесса загрязняющие вещества, которые выбираются из группы характерных для такого производства или технологического процесса загрязняющих веществ и с помощью которых возможно оценить значения эмиссий всех загрязняющих веществ, входящих в группу.

Маркерные загрязняющие вещества, уровни эмиссий маркерных загрязняющих веществ и уровни потребления энергии и (или) иных ресурсов, связанные с применением наилучших доступных техник, определяются в заключениях по наилучшим доступным техникам.

2. К технологическим нормативам относятся:

1) технологические нормативы выбросов;

2) технологические нормативы сбросов;

3) технологические удельные нормативы потребления воды;

4) технологические удельные нормативы потребления тепловой и (или) электрической энергии.

3. Технологические нормативы устанавливаются в комплексном экологическом разрешении и не должны превышать соответствующие технологические показатели (при их наличии), связанные с применением наилучших доступных техник по конкретным областям их применения, установленные в заключениях по наилучшим доступным техникам.

4. Обоснование технологических нормативов обеспечивается в проекте технологических нормативов, представляемом в уполномоченный орган в области охраны окружающей среды оператором объекта вместе с заявлением на получение комплексного экологического разрешения.

Статья 41. Лимиты накопления отходов, лимиты захоронения отходов

1. В целях обеспечения охраны окружающей среды и благоприятных условий для жизни и (или) здоровья человека, уменьшения количества подлежащих захоронению отходов и стимулирования их подготовки к повторному использованию, переработки и утилизации устанавливаются:

1) лимиты накопления отходов;

2) лимиты захоронения отходов.

2. Лимиты накопления отходов устанавливаются для каждого конкретного места накопления отходов, входящего в состав объектов I и II категорий, в виде предельного количества (массы) отходов по их видам, разрешенных для складирования в соответствующем месте накопления, в пределах срока, установленного в соответствии с настоящим Кодексом.

Примечание ИЗПИ!
Пункт 2 предусмотрено дополнить частью второй в соответствии с Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3. Лимиты захоронения отходов устанавливаются для каждого конкретного полигона отходов, входящего в состав объектов I и II категорий, в виде предельного количества (массы) отходов по их видам, разрешенных для захоронения на соответствующем полигоне.

4. Лимиты накопления отходов и лимиты захоронения отходов устанавливаются в экологическом разрешении. Лимит захоронения отходов устанавливается на каждый календарный год в соответствии с производственной мощностью соответствующего полигона.

5. Лимиты накопления отходов и лимиты захоронения отходов обосновываются операторами объектов I и II категорий в программе управления отходами при получении экологического разрешения в соответствии с настоящим Кодексом.

6. Разработка программы управления отходами для объектов I категории осуществляется лицом, имеющим лицензию на выполнение работ и оказание услуг в области охраны окружающей среды.

7. Методика расчета лимитов накопления отходов и лимитов захоронения отходов утверждается уполномоченным органом в области охраны окружающей среды.

8. Лимиты накопления отходов и лимиты захоронения отходов не устанавливаются для объектов III и IV категорий.

Операторы объектов III категории обязаны предоставлять информацию об отходах в составе декларации о воздействии на окружающую среду, подаваемой в соответствии с настоящим Кодексом.

Статья 42. Норматив допустимого физического воздействия на природную среду

Под нормативом допустимого физического воздействия на природную среду понимается экологический норматив, который устанавливается для каждого источника в виде допустимых уровней воздействия тепла, шума, вибрации, ионизирующего излучения, напряженности электромагнитных полей и иных физических воздействий на компоненты природной среды, при которых негативное физическое воздействие от такого источника в совокупности со всеми другими источниками не приведет к превышению установленных предельно допустимых уровней физических воздействий на природную среду.

Статья 43. Лимиты размещения серы в открытом виде на серных картах

1. В целях сокращения объемов накопления серы, образующейся при проведении операций по разведке и (или) добыче углеводородов, и стимулирования ее вовлечения в хозяйственный оборот устанавливаются лимиты размещения серы в открытом виде на серных картах.

2. Действие настоящей статьи распространяется на серу техническую газовую в любом агрегатном состоянии, образующуюся при разведке и (или) добыче углеводородов.

Примечание ИЗПИ!
В часть первую пункта 3 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3. Лимиты размещения серы в открытом виде на серных картах устанавливаются для каждой специальной площадки (серной карты), оборудованной для открытого наземного хранения серы, в виде предельного количества (массы) серы, разрешенного (разрешенной) для налива и иного открытого размещения на такую серную карту.

Хранение серы закрытым способом в цистернах, силосах, иных резервуарах и сооружениях (складах), исключающих ее воздействие на окружающую среду, не подлежит экологическому нормированию.

4. Лимиты размещения серы в открытом виде на серных картах устанавливаются в экологическом разрешении на каждый календарный год.

5. Лимиты размещения серы в открытом виде на серных картах обосновываются в проекте нормативов размещения серы в открытом виде на серных картах, который разрабатывается на основании данных об объемах производства в соответствии с утвержденной методикой и представляется вместе с заявлением на получение экологического разрешения.

Методика разработки проекта нормативов размещения серы в открытом виде на серных картах утверждается уполномоченным органом в области охраны окружающей среды.

Статья 44. Нормативы допустимой совокупной антропогенной нагрузки на окружающую среду

1. Под нормативами допустимой совокупной антропогенной нагрузки на природную среду понимаются экологические нормативы, которые установлены в соответствии с величиной допустимого совокупного воздействия всех источников антропогенного воздействия на окружающую среду и (или) отдельные компоненты природной среды в пределах конкретных территорий и (или) акваторий (или их частей) и при соблюдении которых обеспечивается устойчивое функционирование естественных экологических систем и сохраняется биоразнообразие.

Нормативы допустимой совокупной антропогенной нагрузки на отдельные компоненты природной среды в пределах конкретных территорий и (или) акваторий (или их частей) устанавливаются уполномоченным органом в области охраны окружающей среды.

2. Уполномоченный орган в области охраны окружающей среды утверждает нормативы допустимой совокупной антропогенной нагрузки на окружающую среду в результате эмиссий отдельных загрязняющих веществ в пределах всей территории Республики Казахстан, если такие обязательства приняты в соответствии с международными договорами Республики Казахстан.

3. Правила разработки нормативов допустимой совокупной антропогенной нагрузки утверждаются уполномоченным органом в области охраны окружающей среды.

Глава 6. ТЕХНИЧЕСКОЕ РЕГУЛИРОВАНИЕ И СТАНДАРТИЗАЦИЯ В ОБЛАСТИ ОХРАНЫ ОКРУЖАЮЩЕЙ СРЕДЫ

Статья 45. Объекты и процедура подтверждения соответствия в области охраны окружающей среды

Объекты и процедура подтверждения соответствия в области охраны окружающей среды определяются законодательством Республики Казахстан в области технического регулирования.

Статья 46. Внедрение и применение международных стандартов в области охраны окружающей среды

1. Внедрение и применение международных стандартов в области охраны окружающей среды осуществляются в соответствии с законодательством Республики Казахстан в сфере стандартизации с учетом требований настоящего Кодекса.

2. Уполномоченный орган в области охраны окружающей среды осуществляет рассмотрение проектов документов по стандартизации в пределах компетенции, а также подготовку предложений по разработке, внесению изменений, пересмотру и отмене национальных, межгосударственных стандартов, национальных классификаторов технико-экономической информации и рекомендаций по стандартизации для внесения в уполномоченный орган в сфере стандартизации.

3. Внедрение физическими и юридическими лицами международных стандартов системы управления охраной окружающей среды стимулируется путем:

1) распространения информации о международных стандартах системы управления охраной окружающей среды, применяемых в Республике Казахстан;

2) снижения уполномоченным органом в области охраны окружающей среды степени риска в рамках государственного экологического контроля для лиц, внедривших международные стандарты системы управления охраной окружающей среды и имеющих документ, подтверждающий такое внедрение;

3) применения предусмотренных законами Республики Казахстан мер экономического стимулирования внедрения международных стандартов системы управления охраной окружающей среды.

Статья 47. Экологическая маркировка

1. Под экологической маркировкой понимается заявление, информирующее об экологических аспектах продукции, работ или услуг в виде текста, знака или графического изображения на этикетке продукции или упаковке, в сопроводительной документации, техническом описании, рекламном проспекте, информационном листке для общественности или другом виде.

Под экологическими аспектами в настоящей статье понимаются элементы деятельности, продукции или услуги организации, которые могут оказывать воздействие на окружающую среду.

2. Экологическая маркировка, за исключением случаев, указанных в пункте 3 настоящей статьи, осуществляется производителем продукции (исполнителем работ, услуг) на добровольной основе после подтверждения соответствия лицами, аккредитованными в порядке, установленном законодательством Республики Казахстан об аккредитации в области оценки соответствия.

3. Производители сельскохозяйственной продукции, продукции аквакультуры и рыболовства, пищевой продукции, продукции из дикорастущих растений и продуктов их переработки осуществляют на добровольной основе экологическую маркировку в соответствии с Законом Республики Казахстан "О производстве органической продукции".

4. Задачами экологической маркировки являются:

1) информирование потребителей об экологических аспектах приобретаемых ими продукции, работ и услуг;

2) стимулирование увеличения приобретения и потребления (использования) экологически чистой продукции, работ и услуг в целях снижения негативного антропогенного воздействия на окружающую среду;

3) предотвращение или минимизация негативного антропогенного воздействия на окружающую среду на протяжении жизненного цикла продукции;

4) содействие экспорту и повышение конкурентоспособности отечественной продукции.

5. При экологической маркировке должны учитываться все аспекты жизненного цикла продукции, работы или услуги.

Глава 7. ЭКОЛОГИЧЕСКАЯ ОЦЕНКА

Параграф 1. Общие положения об экологической оценке

Статья 48. Понятие экологической оценки

1. Под экологической оценкой понимается процесс выявления, изучения, описания и оценки возможных прямых и косвенных существенных воздействий реализации намечаемой и осуществляемой деятельности или разрабатываемого документа на окружающую среду.

2. Целью экологической оценки является подготовка материалов, необходимых для принятия отвечающих цели и задачам экологического законодательства Республики Казахстан решений о реализации намечаемой деятельности или разрабатываемого документа.

3. Экологическая оценка по ее видам организуется и проводится в соответствии с настоящим Кодексом и инструкцией, утвержденной уполномоченным органом в области охраны окружающей среды (далее – инструкция по организации и проведению экологической оценки).

Статья 49. Виды экологической оценки

1. Экологическая оценка в зависимости от предмета оценки проводится в виде:

1) стратегической экологической оценки;

2) оценки воздействия на окружающую среду;

3) оценки трансграничных воздействий;

4) экологической оценки по упрощенному порядку.

2. Стратегическая экологическая оценка и (или) оценка воздействия на окружающую среду включают в себя проведение оценки трансграничных воздействий на окружающую среду в случаях, предусмотренных настоящим Кодексом.

3. Экологическая оценка по упрощенному порядку проводится для намечаемой и осуществляемой деятельности, не подлежащей обязательной оценке воздействия на окружающую среду в соответствии с настоящим Кодексом, при:

1) разработке проектов нормативов эмиссий для объектов I и II категорий;

2) разработке раздела "Охрана окружающей среды" в составе проектной документации по намечаемой деятельности и при подготовке декларации о воздействии на окружающую среду.

Требования и порядок проведения экологической оценки по упрощенному порядку определяются инструкцией по организации и проведению экологической оценки.

Статья 50. Принципы экологической оценки

В дополнение к общим принципам, изложенным в статье 5 настоящего Кодекса, экологическая оценка осуществляется с соблюдением следующих специальных принципов:

1) принцип потенциальной экологической опасности: экологическая оценка проводится исходя из предположения о том, что реализация намечаемой деятельности или разрабатываемого документа может вызвать негативные воздействия на окружающую среду, и необходимости изучения таких потенциальных воздействий, их существенности и вероятности наступления для определения необходимых мер по их предотвращению, минимизации или смягчению;

2) принцип предупредительной функции: применение экологической оценки для формирования экологически обоснованных решений на самых ранних этапах планирования намечаемой деятельности или разработки документа;

3) принцип альтернативности: оценка воздействий должна основываться на обязательном рассмотрении нескольких альтернативных вариантов реализации намечаемой деятельности или разрабатываемого документа, включая вариант отказа от их реализации ("нулевой" вариант);

4) принцип долгосрочного прогнозирования: экологическая оценка должна учитывать влияние реализации намечаемой деятельности или разрабатываемого документа с учетом объективно прогнозируемого социально-экономического развития и качества окружающей среды в долгосрочной перспективе;

5) принцип комплексности: рассмотрение в рамках экологической оценки во взаимосвязи всех экологических, технологических, технических, организационно-производственных, социальных и экономических аспектов реализации намечаемой деятельности или разрабатываемого документа;

6) принцип совместимости: реализация намечаемой деятельности или разрабатываемого документа не должна приводить к ухудшению качества жизни местного населения и условий осуществления других видов деятельности, в том числе в сферах сельского, водного и лесного хозяйств;

7) принцип гибкости: виды воздействий на окружающую среду, подлежащие рассмотрению в рамках экологической оценки, а также масштаб, глубина и направления необходимых исследований определяются индивидуально в каждом случае в зависимости от конкретного характера намечаемой деятельности или разрабатываемого документа, в том числе путем определения сферы охвата в соответствии с настоящим Кодексом.

Параграф 2. Стратегическая экологическая оценка

Статья 51. Общие положения о стратегической экологической оценке

1. Под стратегической экологической оценкой понимается процесс выявления, изучения, описания и оценки на основе соответствующих исследований возможных существенных воздействий реализации государственных программ в отраслях, перечисленных в пункте 3 статьи 52 настоящего Кодекса, программ развития территорий и генеральных планов населенных пунктов (далее для целей настоящей главы Кодекса – Документы) на окружающую среду, включающий в себя стадии, предусмотренные статьей 53 настоящего Кодекса.

2. Стратегическая экологическая оценка проводится в течение всего процесса разработки Документа и должна быть инициирована на начальной стадии его разработки, позволяющей своевременно выявить и изучить все существенные негативные воздействия на окружающую среду, которые могут быть вызваны реализацией такого Документа, и учесть при дальнейшей разработке и утверждении Документа все необходимые меры по предотвращению или, если полное предотвращение невозможно, минимизации таких воздействий.

3. Утверждение, реализация Документа и финансирование предусмотренных им мероприятий без проведения стратегической экологической оценки, если обязательность ее проведения предусмотрена настоящим Кодексом или определена в результате скрининга воздействий Документов, запрещаются.

4. Результаты стратегической экологической оценки Документов вышестоящего уровня должны учитываться при проведении стратегической экологической оценки Документов нижестоящего уровня.

5. Результаты стратегической экологической оценки Документов, разрабатываемых на нижестоящих уровнях, должны учитываться при проведении стратегической экологической оценки Документов, разрабатываемых на вышестоящих уровнях.

6. Стратегическая экологическая оценка, а также скрининг воздействий Документов проводятся в соответствии с настоящим Кодексом и инструкцией по организации и проведению экологической оценки.

Статья 52. Предмет стратегической экологической оценки

1. Предметом стратегической экологической оценки являются проекты Документов, реализация которых может оказать существенное воздействие на окружающую среду, а также изменения и (или) дополнения, вносимые в действующие Документы, реализация которых может оказать существенное воздействие на окружающую среду.

2. В случае внесения изменений и (или) дополнений в действующий Документ, реализация которых может оказать существенное воздействие на окружающую среду, стратегической экологической оценке подлежит такой действующий Документ вместе с проектом, предусматривающим внесение изменений и (или) дополнений в него.

3. Обязательной стратегической экологической оценке подлежат Документы, направленные на развитие сельского хозяйства, лесного хозяйства, рыболовства, энергетики, промышленности (включая разведку и добычу полезных ископаемых), транспорта, управления отходами, водного хозяйства, телекоммуникаций, туризма, планирование развития городских и сельских территорий, использования и охраны земель, за исключением случаев, предусмотренных пунктами 5 и 6 настоящей статьи.

4. Проекты Документов, которые не подпадают под действие пункта 3 настоящей статьи, подлежат обязательной стратегической экологической оценке, если они предусматривают положения, которые являются или могут стать условиями выдачи разрешений или приема уведомлений в порядке, предусмотренном Законом Республики Казахстан "О разрешениях и уведомлениях", в отношении деятельности, оказывающей воздействие на окружающую среду, и если необходимость проведения стратегической экологической оценки установлена по результатам скрининга воздействий Документов, проводимого в соответствии со статьей 55 настоящего Кодекса.

Положения части первой настоящего пункта не распространяются на документы, указанные в пункте 6 настоящей статьи.

5. Стратегическая экологическая оценка не проводится при внесении в Документы, перечисленные в пункте 3 настоящей статьи, изменений и (или) дополнений, если отсутствие необходимости проведения стратегической экологической оценки таких изменений и (или) дополнений установлено по результатам скрининга воздействий Документов.

6. Не требуют проведения обязательной стратегической экологической оценки:

1) документы в финансовой и бюджетной сферах;

2) документы, единственной целью которых является обеспечение обороны, национальной безопасности, мероприятий по гражданской защите, предупреждению и ликвидации чрезвычайных ситуаций.

Статья 53. Стадии стратегической экологической оценки

Стратегическая экологическая оценка состоит из следующих стадий:

1) определение необходимости проведения стратегической экологической оценки на основании установленных настоящим Кодексом критериев, в том числе в случаях, предусмотренных настоящим Кодексом, – по результатам скрининга воздействий Документа;

2) определение сферы охвата отчета по стратегической экологической оценке;

3) подготовка отчета по стратегической экологической оценке;

4) оценка качества отчета по стратегической экологической оценке;

5) рассмотрение проекта Документа до его утверждения на предмет соответствия отчету по стратегической экологической оценке;

6) мониторинг существенных воздействий Документа на окружающую среду.

Статья 54. Субъекты, ответственные за проведение стратегической экологической оценки

1. Ответственность за обеспечение проведения стратегической экологической оценки несет государственный орган – разработчик Документа.

2. Государственный орган – разработчик Документов в соответствии с требованиями экологического законодательства Республики Казахстан участвует в обеспечении права общественности на доступ к экологической информации и права заинтересованной общественности на участие в принятии решений по вопросам, касающимся окружающей среды, на всех этапах разработки и утверждения Документа.

3. Подготовка отчета по стратегической экологической оценке, выполнение иных работ и оказание иных услуг в процессе проведения стратегической экологической оценки обеспечиваются государственным органом – разработчиком самостоятельно и (или) с привлечением внешних экспертов в порядке, установленном законодательством Республики Казахстан о государственных закупках.

Статья 55. Скрининг воздействий Документов

1. Скрининг воздействий Документов представляет собой процесс выявления потенциальных существенных воздействий на окружающую среду при реализации Документов, осуществляемый в целях определения на основании критериев, установленных пунктом 3 настоящей статьи, необходимости или отсутствия необходимости проведения стратегической экологической оценки.

2. Проведение скрининга воздействий Документов обязательно для всех Документов, подпадающих под действие пункта 4 или 5 статьи 52 настоящего Кодекса.

3. Скрининг воздействий Документа проводится на основании следующих критериев:

1) актуальности Документа с точки зрения необходимости учета в нем рисков, связанных с воздействием на окружающую среду, и обеспечения соответствия Документа целям содействия устойчивому развитию;

2) возможности реализации видов деятельности, устанавливаемых Документом, с учетом места, вида, масштабов, условий деятельности, наличия природных ресурсов и условий их использования;

3) степени влияния такого Документа на реализацию иных Документов;

4) экологических рисков при реализации Документа, в том числе с точки зрения влияния на здоровье населения;

5) актуальности Документа с точки зрения исполнения требований законодательства Республики Казахстан и ее международных обязательств в области охраны окружающей среды;

6) особенностей экологических последствий реализации Документа, таких как вероятность, продолжительность, частота и обратимость последствий, кумулятивный характер последствий, величина и пространственная протяженность воздействия (географический район и численность затрагиваемого населения);

7) трансграничного характера последствий при реализации Документа;

8) степени и характера возможных последствий реализации Документа для особо охраняемых природных территорий, объектов государственного природно-заповедного фонда, элементов экологической сети, связанных с системой особо охраняемых природных территорий, природных ареалов редких и находящихся под угрозой исчезновения видов животных и растений, объектов историко-культурного наследия, земель оздоровительного, рекреационного и историко-культурного назначения;

9) необходимости оценки возможных экологических последствий реализации Документа, в отношении которого ранее стратегическая экологическая оценка не проводилась либо проводилась, но не обеспечила достаточное изучение всех возможных экологических последствий реализации Документа;

10) характера предлагаемых изменений в Документ, в отношении которого ранее проводилась стратегическая экологическая оценка.

4. Проведение скрининга воздействий Документов организуется государственным органом – разработчиком Документа на начальной стадии разработки Документа.

5. Скрининг воздействий Документов проводится уполномоченным органом в области охраны окружающей среды с учетом:

1) замечаний и предложений, полученных от заинтересованной общественности и заинтересованных государственных органов в порядке, установленном статьями 59 и 60 настоящего Кодекса, и в соответствии с инструкцией по организации и проведению экологической оценки;

2) необходимости проведения оценки трансграничных воздействий при наличии основания, предусмотренного подпунктом 2) пункта 1 статьи 80 настоящего Кодекса.

6. Для инициирования скрининга воздействий Документа государственный орган – разработчик Документа направляет в уполномоченный орган в области охраны окружающей среды следующие документы:

1) проект Документа, включающий информацию об основных направлениях и сроках его реализации;

2) описание территории, на которой планируется реализация Документа;

3) общую характеристику потенциального воздействия на окружающую среду, жизнь и (или) здоровье человека при реализации Документа.

7. В течение двух рабочих дней после получения документов, указанных в пункте 6 настоящей статьи, уполномоченный орган в области охраны окружающей среды размещает их на официальном интернет-ресурсе и информирует об этом все государственные органы, которые уполномоченный орган в области охраны окружающей среды определил в качестве заинтересованных в соответствии со статьей 59 настоящего Кодекса, а государственный орган – разработчик в тот же срок информирует об этом заинтересованную общественность способами, предусмотренными пунктом 5 статьи 60 настоящего Кодекса.

8. Уполномоченный орган в области охраны окружающей среды рассматривает полученные документы на основании критериев, определенных пунктом 3 настоящей статьи, и с учетом замечаний и предложений, поступивших от заинтересованных государственных органов и общественности, подготавливает заключение о необходимости или отсутствии необходимости проведения стратегической экологической оценки (далее – заключение о результатах скрининга воздействий Документа).

Если уполномоченный орган в области охраны окружающей среды приходит к выводу о несущественности возможных экологических последствий реализации Документа, в заключении о результатах скрининга воздействий Документа указывается вывод об отсутствии необходимости проведения стратегической экологической оценки такого Документа.

Если уполномоченный орган в области охраны окружающей среды приходит к выводу о возможных существенных экологических последствиях реализации Документа, в заключении о результатах скрининга воздействий Документа указывается вывод о необходимости проведения стратегической экологической оценки такого Документа.

9. Не позднее срока, указанного в пункте 10 настоящей статьи, уполномоченный орган в области охраны окружающей среды направляет заключение о результатах скрининга воздействий Документа государственному органу – разработчику и размещает копию такого заключения на официальном интернет-ресурсе.

10. Срок проведения скрининга воздействий Документа составляет пятнадцать рабочих дней с даты получения уполномоченным органом в области охраны окружающей среды документов, указанных в пункте 6 настоящей статьи.

Статья 56. Определение сферы охвата отчета по стратегической экологической оценке

1. В ходе определения сферы охвата отчета по стратегической экологической оценке устанавливаются объем и степень детализации информации, подлежащей включению в отчет по стратегической экологической оценке, исходя из характера и содержания Документа.

Определение сферы охвата отчета по стратегической экологической оценке проводится в целях:

1) определения масштабов потенциальных воздействий на окружающую среду, жизнь и (или) здоровье человека при реализации Документа;

2) определения обоснованных и практически применимых альтернативных решений, которые могут быть включены в Документ, в том числе решений, наилучших с точки зрения охраны окружающей среды;

3) информирования общественности о планируемом Документе, возможных альтернативных решениях, которые могут быть в него включены, и ожидаемых результатах его реализации;

4) определения заинтересованной общественности в отношении конкретного Документа;

5) обеспечения государственного органа – разработчика информацией, необходимой для обоснования затрат на подготовку отчета по стратегической экологической оценке;

6) определения круга исходных данных и другой информации, получение которой необходимо в ходе проведения стратегической экологической оценки;

7) выявления существенных воздействий планируемого Документа на особо охраняемые природные территории, иные территории и объекты, подлежащие охране в соответствии с законодательством Республики Казахстан и (или) международными договорами Республики Казахстан и имеющие местное, национальное или международное значение;

8) определения вероятности трансграничных воздействий на окружающую среду при реализации планируемого Документа;

9) определения целей в области охраны окружающей среды, в том числе связанных с обеспечением благоприятной для жизни и здоровья человека окружающей среды, имеющих отношение к Документу и установленных на международном, национальном и (или) местном уровнях.

2. Определение сферы охвата отчета по стратегической экологической оценке проводится уполномоченным органом в области охраны окружающей среды с учетом замечаний и предложений, полученных от заинтересованных государственных органов и общественности в соответствии со статьями 59 и 60 настоящего Кодекса.

3. Порядок определения сферы охвата отчета по стратегической экологической оценке устанавливается инструкцией по организации и проведению экологической оценки.

4. Результаты определения сферы охвата отчета по стратегической экологической оценке оформляются уполномоченным органом в области охраны окружающей среды в виде заключения (далее – заключение об определении сферы охвата отчета по стратегической экологической оценке).

Статья 57. Отчет по стратегической экологической оценке

1. В отчете по стратегической экологической оценке определяются, описываются и оцениваются вероятные существенные воздействия на окружающую среду при реализации Документа, а также разумные альтернативы предложенных в нем решений с учетом целей и географического охвата Документа.

2. Содержание отчета по стратегической экологической оценке должно соответствовать заключению об определении сферы охвата отчета по стратегической экологической оценке.

3. Отчет по стратегической экологической оценке должен содержать информацию, указанную в пункте 4 настоящей статьи, соответствующую уровню современных знаний и методов оценки, содержанию и степени детализации Документа.

4. Отчет по стратегической экологической оценке должен включать:

1) краткое изложение содержания, основных целей Документа и его связи с другими Документами;

2) оценку текущего качества окружающей среды и вероятного его изменения в случае отказа от принятия Документа;

3) оценку качества окружающей среды на территориях, которые могут быть в существенной степени затронуты реализацией Документа;

4) существующие экологические проблемы, риск их усугубления или появления новых экологических проблем при реализации Документа, в том числе с точки зрения влияния качества окружающей среды на здоровье населения и воздействий на особо охраняемые природные территории;

5) цели в области охраны окружающей среды, в том числе связанные с обеспечением благоприятной для жизни и здоровья человека окружающей среды, имеющие отношение к Документу, установленные на международном, национальном и (или) местном уровнях, а также порядок учета этих целей и других вопросов, связанных с охраной окружающей среды, в процессе разработки Документа;

6) описание вероятных существенных экологических последствий реализации Документа, включая побочные, кумулятивные, краткосрочные, среднесрочные и долгосрочные, постоянные и временные, положительные и отрицательные последствия;

7) меры по предотвращению, уменьшению, компенсации любых существенных негативных воздействий на окружающую среду при реализации Документа;

8) обоснование выбора решений, принятых в Документе, из числа альтернативных вариантов, которые рассматривались в ходе стратегической экологической оценки, и описание процесса проведения оценки, в том числе любых трудностей, связанных с отсутствием необходимых методик или наличием пробелов в знаниях, недостатком информации или технических средств в процессе оценки;

9) программу мониторинга существенных воздействий на окружающую среду при реализации Документа, включающую описание конкретных мер по его проведению;

10) описание вероятных трансграничных воздействий на окружающую среду при реализации Документа (при их наличии), замечаний и предложений заинтересованных государственных органов и общественности, в том числе полученных в ходе оценки трансграничных воздействий;

11) резюме отчета по стратегической экологической оценке, включающее краткие и обобщенные выводы по подпунктам 1) – 10) настоящего пункта и представленное в форме, доступной для понимания общественности.

5. Государственный орган – разработчик в рамках разработки Документа обеспечивает подготовку отчета по стратегической экологической оценке, в том числе при необходимости с привлечением внешних экспертов в порядке, предусмотренном законодательством Республики Казахстан о государственных закупках.

6. Государственный орган – разработчик обязан представить отчет по стратегической экологической оценке для оценки качества в уполномоченный орган в области охраны окружающей среды. Срок разработки отчета по стратегической экологической оценке определяется государственным органом – разработчиком самостоятельно при условии, что такой срок должен обеспечивать возможность завершения стратегической экологической оценки до утверждения Документа и учета в нем результатов стратегической экологической оценки.

7. В течение двух рабочих дней после получения от государственного органа – разработчика отчета по стратегической экологической оценке уполномоченный орган в области охраны окружающей среды размещает его на официальном интернет-ресурсе и информирует об этом все государственные органы, которые уполномоченный орган в области охраны окружающей среды определил в качестве заинтересованных в соответствии со статьей 59 настоящего Кодекса, а государственный орган – разработчик в тот же срок информирует об этом заинтересованную общественность способами, предусмотренными пунктом 5 статьи 60 настоящего Кодекса.

8. Уполномоченный орган в области охраны окружающей среды осуществляет прием замечаний и предложений заинтересованных государственных органов и общественности в течение тридцати календарных дней с даты размещения отчета по стратегической экологической оценке на официальном интернет-ресурсе.

9. Уполномоченный орган в области охраны окружающей среды рассматривает полученный от государственного органа – разработчика отчет по стратегической экологической оценке на предмет его качества и соответствия заключению об определении сферы охвата отчета по стратегической экологической оценке с учетом замечаний и предложений, поступивших от заинтересованных государственных органов и общественности.

10. По результатам оценки качества отчета по стратегической экологической оценке уполномоченный орган в области охраны окружающей среды в течение пяти рабочих дней после истечения срока, указанного в пункте 8 настоящей статьи, выносит заключение об удовлетворительном или неудовлетворительном качестве отчета по стратегической экологической оценке.

В случае признания качества отчета по стратегической экологической оценке неудовлетворительным заключение уполномоченного органа в области охраны окружающей среды должно содержать указание на аспекты отчета, которые признаны неудовлетворительными, в том числе с отсылкой к полученным замечаниям и предложениям заинтересованных государственных органов и общественности, а также рекомендации относительно мер, которые необходимо принять при доработке отчета по стратегической экологической оценке для признания его качества удовлетворительным.

В случае признания отчета по стратегической экологической оценке неудовлетворительным государственный орган – разработчик дорабатывает его и, при необходимости, проект Документа и представляет их в уполномоченный орган в области охраны окружающей среды для проведения повторной оценки качества в порядке, предусмотренном настоящей статьей.

Утверждение Документа, подлежащего в соответствии с настоящим Кодексом стратегической экологической оценке, допускается только при наличии отчета по стратегической экологической оценке, качество которого признано удовлетворительным на основании заключения уполномоченного органа в области охраны окружающей среды.

11. В течение двух рабочих дней после получения заключения уполномоченного органа в области охраны окружающей среды о качестве отчета по стратегической экологической оценке государственный орган – разработчик размещает на официальном интернет-ресурсе копию такого заключения и информирует об этом общественность способами, предусмотренными пунктом 5 статьи 60 настоящего Кодекса.

Статья 58. Рассмотрение Документа на предмет соответствия отчету по стратегической экологической оценке

1. Государственный орган – разработчик после признания отчета по стратегической экологической оценке удовлетворительным в соответствии с пунктом 10 статьи 57 настоящего Кодекса при необходимости осуществляет доработку Документа с учетом выводов отчета по стратегической экологической оценке.

2. После доработки Документа в соответствии с пунктом 1 настоящей статьи государственный орган – разработчик выносит проект Документа на общественные слушания.

Общественные слушания проводятся в соответствии с правилами проведения общественных слушаний, утвержденными уполномоченным органом в области охраны окружающей среды.

Статья 59. Консультации с заинтересованными государственными органами в рамках стратегической экологической оценки

1. К заинтересованным государственным органам относятся государственные органы, местные исполнительные органы, функции которых могут быть затронуты при реализации Документа.

2. Перечень заинтересованных государственных органов в каждом конкретном случае определяется уполномоченным органом в области охраны окружающей среды. При этом в число заинтересованных государственных органов во всех случаях в обязательном порядке включаются уполномоченный орган в области здравоохранения, а также местные исполнительные органы административно-территориальных единиц, в пределах территорий которых предполагается реализация Документа.

3. Для отдельных видов Документов перечень государственных органов, местных исполнительных органов, подлежащих отнесению к числу заинтересованных государственных органов в обязательном порядке, может быть установлен нормативными правовыми актами, регулирующими порядок разработки и утверждения таких Документов.

4. Консультации с заинтересованными государственными органами представляют собой процесс получения, рассмотрения и учета замечаний и предложений заинтересованных государственных органов при:

1) проведении скрининга воздействий Документа;

2) определении сферы охвата отчета по стратегической экологической оценке;

3) определении качества отчета по стратегической экологической оценке;

4) рассмотрении проекта Документа до его утверждения на предмет соответствия отчету по стратегической экологической оценке, качество которого признано удовлетворительным в соответствии с пунктом 10 статьи 57 настоящего Кодекса.

5. Консультации с заинтересованными государственными органами проводятся в соответствии с настоящей статьей и инструкцией по организации и проведению экологической оценки.

6. Уполномоченный орган в области охраны окружающей среды обязан рассмотреть все замечания и предложения заинтересованных государственных органов, полученные им в ходе скрининга воздействий Документа, определения сферы охвата отчета по стратегической экологической оценке и определения качества отчета по стратегической экологической оценке, если такие замечания и предложения представлены в течение соответствующих сроков, установленных инструкцией по организации и проведению экологической оценки.

Государственные органы, местные исполнительные органы, отнесенные в соответствии с настоящей статьей к числу заинтересованных государственных органов, обязаны представить свои замечания и предложения либо письмо об их отсутствии в соответствии с требованиями настоящего Кодекса и инструкцией по организации и проведению экологической оценки.

7. По результатам консультаций с заинтересованными государственными органами, проведенных в соответствии с настоящей статьей, уполномоченный орган в области охраны окружающей среды составляет протокол консультаций с заинтересованными государственными органами, в котором отражаются все полученные от них замечания и предложения.

Уполномоченный орган в области охраны окружающей среды обязан предоставлять заинтересованным государственным органам информацию о том, каким образом их замечания и предложения были учтены на соответствующих стадиях стратегической экологической оценки, а также о причинах, по которым отдельные замечания и предложения не были учтены.

8. Протоколы консультаций с заинтересованными государственными органами доводятся до сведения общественности способами, предусмотренными пунктом 5 статьи 60 настоящего Кодекса.

Статья 60. Участие заинтересованной общественности в проведении стратегической экологической оценки

1. Заинтересованная общественность вправе выразить замечания или предложения относительно:

1) проекта Документа – на любых стадиях стратегической экологической оценки;

2) необходимости или отсутствия необходимости проведения стратегической экологической оценки – на стадии, предусмотренной статьей 55 настоящего Кодекса;

3) сферы охвата отчета по стратегической экологической оценке – на стадии, предусмотренной статьей 56 настоящего Кодекса;

4) качества отчета по стратегической экологической оценке – на стадии, предусмотренной статьей 57 настоящего Кодекса;

5) программы мониторинга существенных воздействий Документа на окружающую среду – на стадии, предусмотренной статьей 63 настоящего Кодекса.

2. Государственный орган – разработчик обязан обеспечивать возможность участия заинтересованной общественности на всех стадиях стратегической экологической оценки в соответствии с требованиями настоящего Кодекса и инструкцией по организации и проведению экологической оценки, начиная с первоначального этапа разработки Документов, на котором возможен выбор вариантов решений из числа имеющихся альтернатив.

3. Государственный орган – разработчик обеспечивает участие заинтересованной общественности в проведении стратегической экологической оценки путем:

1) определения заинтересованной общественности;

2) установления разумных сроков, предоставляющих заинтересованной общественности возможность внести замечания и предложения своевременно и с должной эффективностью на всех стадиях стратегической экологической оценки;

3) информирования заинтересованной общественности в случаях, предусмотренных настоящим Кодексом, способами, предусмотренными пунктом 5 настоящей статьи;

4) предоставления заинтересованной общественности информации на основании ее запросов;

5) информирования заинтересованной общественности о возможности ее участия в проведении консультаций в случаях проведения оценки трансграничных воздействий;

6) учета ее замечаний и предложений в процессе проведения стратегической экологической оценки.

4. Критерии определения заинтересованной общественности определяются инструкцией по организации и проведению экологической оценки.

5. К обязательным способам информирования общественности в процессе стратегической экологической оценки относятся:

1) размещение информации на официальном интернет-ресурсе государственного органа – разработчика;

2) размещение информации на официальном интернет-ресурсе уполномоченного органа в области охраны окружающей среды;

3) в отношении информации, указанной в подпунктах 1), 2), 3) и 11) пункта 6 настоящей статьи, – размещение информации не менее чем в одном средстве массовой информации (в периодическом печатном издании, через телеканал или радиоканал), распространяемом на всей территории, затрагиваемой реализацией Документа, а также на бумажных носителях в общедоступных для населения местах (на досках объявлений уполномоченного органа в области охраны окружающей среды и его территориальных подразделений, местных исполнительных органов и в местах, специально предназначенных для размещения объявлений);

4) рассылка писем юридическим лицам, в ведении которых находятся особо охраняемые природные территории, если они могут быть затронуты в результате реализации Документа.

6. Информация, которая должна быть предоставлена заинтересованной общественности в процессе проведения стратегической экологической оценки в порядке, установленном инструкцией по организации и проведению экологической оценки, включает:

1) информацию о начале разработки Документа, его наименовании, основных направлениях и сроках реализации;

2) наименование и место нахождения государственного органа (должностного лица), ответственного за прием и учет замечаний и предложений от заинтересованной общественности;

3) сроки, место и способ приема замечаний и предложений от заинтересованной общественности на различных стадиях стратегической экологической оценки;

4) проекты Документов до их утверждения;

5) заключения о результатах скрининга воздействий Документа;

6) заявления и заключения об определении сферы охвата отчетов по стратегической экологической оценке;

7) отчеты по стратегической экологической оценке;

8) протоколы консультаций с заинтересованными государственными органами, проведенных при осуществлении скрининга воздействий Документа, определении сферы охвата отчета по стратегической экологической оценке, а также при оценке качества отчета по стратегической экологической оценке и проекта Документа;

9) отчеты по мониторингу существенных воздействий на окружающую среду при реализации Документов;

10) объявления о проведении общественных слушаний;

11) протоколы проведения общественных слушаний по проектам Документов и отчетам по стратегической экологической оценке;

12) справки, включающие обобщение замечаний и предложений заинтересованной общественности, полученных в ходе общественных слушаний;

13) информацию об оценке трансграничных воздействий, проведенной в рамках стратегической экологической оценки;

14) заключения о качестве отчетов по стратегической экологической оценке;

15) утвержденные Документы;

16) иные документы и информацию, предоставленные уполномоченному органу в области охраны окружающей среды в связи с проведением стратегической экологической оценки.

7. Информация по стратегической экологической оценке, указанная в подпунктах 5) – 16) пункта 6 настоящей статьи, должна быть передана государственным органом – разработчиком в государственный фонд экологической информации.

Статья 61. Оценка трансграничных воздействий, проводимая в ходе стратегической экологической оценки

1. При наличии оснований, предусмотренных подпунктом 2) пункта 1 статьи 80 настоящего Кодекса, в ходе стратегической экологической оценки проводится оценка трансграничных воздействий.

2. Оценка трансграничных воздействий проводится в соответствии с параграфом 4 настоящей главы и международными договорами Республики Казахстан.

Статья 62. Особенности Документов, подлежащих стратегической экологической оценке

Документ, подлежащий стратегической экологической оценке, должен учитывать данные отчета по стратегической экологической оценке, замечания и предложения заинтересованных государственных органов и общественности, в том числе результаты общественных слушаний, а в случаях проведения оценки трансграничных воздействий – результаты такой оценки.

Статья 63. Мониторинг существенных воздействий Документов на окружающую среду

1. Государственный орган – разработчик несет ответственность за обеспечение проведения мониторинга существенных воздействий Документа на окружающую среду в соответствии с программой мониторинга, являющейся частью отчета по стратегической экологической оценке.

2. Целями мониторинга существенных воздействий Документов на окружающую среду являются:

1) своевременное обнаружение существенных неблагоприятных воздействий Документа на окружающую среду, не учтенных ранее, и обеспечение возможности принятия надлежащих мер по их предотвращению и устранению;

2) оценка уровня достижения благоприятных воздействий на окружающую среду, заявленных в Документе;

3) обеспечение соответствия Документа задачам экологического законодательства Республики Казахстан, в том числе связанным с влиянием качества окружающей среды на жизнь и здоровье человека, установленным на международном, национальном и местном уровнях и имеющим отношение к данному Документу.

3. Порядок проведения мониторинга существенных воздействий на окружающую среду в результате реализации Документов устанавливается инструкцией по организации и проведению экологической оценки.

4. Государственный орган – разработчик Документа на ежегодной основе в течение срока, установленного в программе мониторинга, обеспечивает подготовку отчета по мониторингу существенных воздействий на окружающую среду при реализации Документов и представляет его в уполномоченный орган в области охраны окружающей среды, а также информирует заинтересованную общественность о результатах такого мониторинга в соответствии с пунктом 5 статьи 60 настоящего Кодекса и инструкцией по организации и проведению экологической оценки.

Параграф 3. Оценка воздействия на окружающую среду

Статья 64. Оценка воздействия на окружающую среду

1. Под оценкой воздействия на окружающую среду понимается процесс выявления, изучения, описания и оценки на основе соответствующих исследований возможных существенных воздействий на окружающую среду при реализации намечаемой деятельности, включающий в себя стадии, предусмотренные статьей 67 настоящего Кодекса.

2. Под намечаемой деятельностью в настоящем Кодексе понимается намечаемая деятельность физических и юридических лиц, связанная со строительством и дальнейшей эксплуатацией производственных и иных объектов, c иного рода вмешательствoм в окружающую среду, в том числе путем проведения операций по недропользованию, а также внесением в такую деятельность существенных изменений.

Статья 65. Обязательность проведения оценки воздействия на окружающую среду

1. Оценка воздействия на окружающую среду является обязательной:

1) для видов деятельности и объектов, перечисленных в разделе 1 приложения 1 к настоящему Кодексу с учетом указанных в нем количественных пороговых значений (при их наличии);

2) для видов деятельности и объектов, перечисленных в разделе 2 приложения 1 к настоящему Кодексу с учетом указанных в нем количественных пороговых значений (при их наличии), если обязательность проведения оценки воздействия на окружающую среду в отношении такой деятельности или таких объектов установлена в заключении о результатах скрининга воздействий намечаемой деятельности;

3) при внесении существенных изменений в виды деятельности и (или) деятельность объектов, указанных в подпунктах 1) и 2) настоящего пункта, в отношении которых ранее была проведена оценка воздействия на окружающую среду;

4) при внесении существенных изменений в виды деятельности и (или) деятельность объектов, перечисленных в разделе 2 приложения 1 к настоящему Кодексу, в отношении которых ранее было выдано заключение о результатах скрининга воздействий намечаемой деятельности с выводом об отсутствии необходимости проведения оценки воздействия на окружающую среду, в случаях, когда обязательность проведения оценки воздействия на окружающую среду таких существенных изменений установлена в заключении о результатах скрининга воздействий намечаемой деятельности.

2. Для целей проведения оценки воздействия на окружающую среду или скрининга воздействий намечаемой деятельности под существенными изменениями деятельности понимаются любые изменения, в результате которых:

1) возрастает объем или мощность производства;

2) увеличивается количество и (или) изменяется вид используемых в деятельности природных ресурсов, топлива и (или) сырья;

3) увеличивается площадь нарушаемых земель или подлежат нарушению земли, ранее не учтенные при проведении оценки воздействия на окружающую среду или скрининга воздействий намечаемой деятельности;

4) иным образом изменяются технология, управление производственным процессом, в результате чего могут ухудшиться количественные и качественные показатели эмиссий, измениться область воздействия таких эмиссий и (или) увеличиться количество образуемых отходов.

3. Оценка воздействия на окружающую среду не является обязательной для видов и объектов деятельности, не указанных в пункте 1 настоящей статьи, и может проводиться в добровольном порядке по усмотрению инициаторов такой деятельности или операторов объектов.

4. Обязательной оценке воздействия на окружающую среду не подлежат намечаемая деятельность или ее часть, а также внесение в нее изменений, в том числе существенных, если ее осуществление или внесение соответствующих изменений в нее необходимо в связи с предупреждением, ликвидацией или устранением последствий аварийной или чрезвычайной ситуации, введением военного положения или в связи с экстренными мерами по обеспечению обороны или национальной безопасности Республики Казахстан.

5. Запрещается реализация намечаемой деятельности, в том числе выдача экологического разрешения для осуществления намечаемой деятельности, без предварительного проведения оценки воздействия на окружающую среду, если проведение такой оценки является обязательным для намечаемой деятельности в соответствии с требованиями настоящего Кодекса.

На основании заключения об определении сферы охвата оценки воздействия на окружающую среду, подготовленного уполномоченным органом в области охраны окружающей среды в соответствии со статьей 71 настоящего Кодекса, инициатор намечаемой деятельности вправе в порядке, установленном земельным законодательством Республики Казахстан, обратиться за резервированием земельного участка (земельных участков) для осуществления намечаемой деятельности на период проведения обязательной оценки воздействия на окружающую среду.

В случаях, когда намечаемая деятельность предполагает использование земельных участков, находящихся в частной собственности или землепользовании третьих лиц, отношения инициатора с такими лицами регулируются гражданским законодательством Республики Казахстан.

Статья 66. Виды и объекты воздействий, подлежащих учету при оценке воздействия на окружающую среду

1. В процессе оценки воздействия на окружающую среду подлежат учету следующие виды воздействий:

1) прямые воздействия – воздействия, которые могут быть непосредственно оказаны основными и сопутствующими видами намечаемой деятельности;

2) косвенные воздействия – воздействия на окружающую среду и здоровье населения, вызываемые опосредованными (вторичными) факторами, которые могут возникнуть вследствие осуществления намечаемой деятельности;

3) кумулятивные воздействия – воздействия, которые могут возникнуть в результате постоянно возрастающих негативных изменений в окружающей среде, вызываемых в совокупности прежними и существующими воздействиями антропогенного или природного характера, а также обоснованно предсказуемыми будущими воздействиями, сопровождающими осуществление намечаемой деятельности.

2. В процессе оценки воздействия на окружающую среду проводится оценка воздействия на следующие объекты, в том числе в их взаимосвязи и взаимодействии:

1) атмосферный воздух;

2) поверхностные и подземные воды;

3) поверхность дна водоемов;

4) ландшафты;

5) земли и почвенный покров;

6) растительный мир;

7) животный мир;

8) состояние экологических систем и экосистемных услуг;

9) биоразнообразие;

10) состояние здоровья и условия жизни населения;

11) объекты, представляющие особую экологическую, научную, историко-культурную и рекреационную ценность.

3. В случаях, когда намечаемая деятельность может оказать воздействие на особо охраняемые природные территории, в процессе оценки воздействия на окружающую среду также проводится оценка воздействия на соответствующие природные комплексы, в том числе земли особо охраняемых природных территорий, а также находящиеся на этих землях и землях других категорий объекты государственного природно-заповедного фонда.

4. При проведении оценки воздействия на окружающую среду также подлежат оценке и другие воздействия на окружающую среду, которые могут быть вызваны возникновением чрезвычайных ситуаций антропогенного и природного характера, аварийного загрязнения окружающей среды, определяются возможные меры и методы по предотвращению и сокращению вредного воздействия намечаемой деятельности на окружающую среду, а также необходимый объем производственного экологического мониторинга.

5. В процессе проведения оценки воздействия на окружающую среду подлежат учету отрицательные и положительные эффекты воздействия на окружающую среду и здоровье населения.

6. В процессе проведения оценки воздействия на окружающую среду не подлежат учету воздействия, вызываемые выбросами парниковых газов.

Статья 67. Стадии оценки воздействия на окружающую среду

Оценка воздействия на окружающую среду включает в себя следующие стадии:

1) рассмотрение заявления о намечаемой деятельности в целях определения его соответствия требованиям настоящего Кодекса, а также в случаях, предусмотренных настоящим Кодексом, проведения скрининга воздействий намечаемой деятельности;

2) определение сферы охвата оценки воздействия на окружающую среду;

3) подготовку отчета о возможных воздействиях;

4) оценку качества отчета о возможных воздействиях;

5) вынесение заключения по результатам оценки воздействия на окружающую среду и его учет;

6) послепроектный анализ фактических воздействий при реализации намечаемой деятельности, если необходимость его проведения определена в соответствии с настоящим Кодексом.

Статья 68. Заявление о намечаемой деятельности

1. Лицо, намеревающееся осуществлять деятельность, для которой настоящим Кодексом предусмотрены обязательная оценка воздействия на окружающую среду или обязательный скрининг воздействий намечаемой деятельности, обязано подать заявление о намечаемой деятельности в уполномоченный орган в области охраны окружающей среды, после чего данное лицо признается инициатором соответственно оценки воздействия на окружающую среду или скрининга воздействий намечаемой деятельности (далее – инициатор).

2. Заявление о намечаемой деятельности подается в электронной форме и должно содержать следующие сведения:

1) для физического лица: фамилию, имя, отчество (если оно указано в документе, удостоверяющем личность), адрес места жительства, индивидуальный идентификационный номер, телефон, адрес электронной почты;

2) для юридического лица: наименование, адрес места нахождения, бизнес-идентификационный номер, данные о первом руководителе, телефон, адрес электронной почты;

3) общее описание видов намечаемой деятельности и их классификацию согласно приложению 1 к настоящему Кодексу или описание существенных изменений, вносимых в такие виды деятельности согласно пункту 2 статьи 65 настоящего Кодекса;

4) сведения о предполагаемом месте осуществления намечаемой деятельности, обосновании выбора места и возможностях выбора других мест;

5) общие предполагаемые технические характеристики намечаемой деятельности, включая мощность (производительность) объекта, его предполагаемые размеры, характеристику продукции;

6) краткое описание предполагаемых технических и технологических решений для намечаемой деятельности;

7) предположительные сроки начала реализации намечаемой деятельности и ее завершения;

8) описание видов ресурсов, необходимых для осуществления деятельности, в том числе водных ресурсов, земельных ресурсов, почвы, полезных ископаемых, растительности, сырья, энергии, с указанием их предполагаемых количественных и качественных характеристик;

9) описание предполагаемых видов, объемов и качественных характеристик эмиссий в окружающую среду и отходов, которые могут образовываться в результате осуществления намечаемой деятельности;

10) перечень разрешений, наличие которых предположительно потребуется для осуществления намечаемой деятельности, и государственных органов, в чью компетенцию входит выдача таких разрешений;

11) описание возможных альтернатив достижения целей указанной намечаемой деятельности и вариантов ее осуществления (включая использование альтернативных технических и технологических решений и мест расположения объекта);

12) характеристику возможных форм негативного и положительного воздействий на окружающую среду в результате осуществления намечаемой деятельности, их характер и ожидаемые масштабы с учетом их вероятности, продолжительности, частоты и обратимости;

13) характеристику возможных форм трансграничных воздействий на окружающую среду, их характер и ожидаемые масштабы с учетом их вероятности, продолжительности, частоты и обратимости;

14) краткое описание текущего состояния компонентов окружающей среды на территории и (или) в акватории, в пределах которых предполагается осуществление намечаемой деятельности, а также результаты фоновых исследований, если таковые имеются у инициатора;

15) предлагаемые меры по предупреждению, исключению и снижению возможных форм неблагоприятного воздействия на окружающую среду, а также по устранению его последствий.

3. Для целей подачи заявления о намечаемой деятельности, проведения скрининга воздействий намечаемой деятельности или оценки воздействия на окружающую среду наличие у инициатора прав в отношении земельного участка, необходимого для осуществления намечаемой деятельности, не требуется.

4. Исключен Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

5. В течение двух рабочих дней после получения заявления о намечаемой деятельности уполномоченный орган в области охраны окружающей среды проверяет его на предмет наличия сведений, указанных в пункте 2 настоящей статьи, и:

1) в случае отсутствия в заявлении о намечаемой деятельности одного или нескольких реквизитов, обязательных в соответствии с пунктом 2 настоящей статьи, сообщает инициатору о необходимости устранения недостатков и повторной подачи заявления о намечаемой деятельности;

2) в случае представления инициатором заявления о намечаемой деятельности, содержащего все необходимые сведения в соответствии с пунктом 2 настоящей статьи, размещает заявление о намечаемой деятельности на официальном интернет-ресурсе и направляет его копию в соответствующие заинтересованные государственные органы.

Под заинтересованными государственными органами в настоящем параграфе понимаются ведомства уполномоченного органа в области охраны окружающей среды, уполномоченный орган в области здравоохранения, государственные органы, к сфере компетенции которых относятся регулирование одного или нескольких видов деятельности, входящих в состав намечаемой деятельности, выдача разрешений или прием уведомлений для таких видов деятельности, а также местные исполнительные органы административно-территориальных единиц, которые полностью или частично расположены в пределах затрагиваемой территории.

Под затрагиваемой территорией в настоящем параграфе понимается территория, в пределах которой окружающая среда и население могут быть подвержены существенным воздействиям намечаемой деятельности.

6. Местные исполнительные органы соответствующих административно-территориальных единиц в течение двух рабочих дней после получения от уполномоченного органа в области охраны окружающей среды копии заявления о намечаемой деятельности размещают ее на официальных интернет-ресурсах.

7. Заявление о намечаемой деятельности после размещения его на интернет-ресурсах уполномоченного органа в области охраны окружающей среды и местных исполнительных органов соответствующих административно-территориальных единиц должно оставаться непрерывно доступным для внимания общественности на таких интернет-ресурсах до истечения срока приема замечаний и предложений, указанного в части второй пункта 9 настоящей статьи.

Размещенное на интернет-ресурсе заявление о намечаемой деятельности должно сопровождаться официальным сообщением для общественности о приеме замечаний и предложений в отношении заявления о намечаемой деятельности с указанием вида намечаемой деятельности, почтового адреса и электронных адресов, по которым осуществляется прием замечаний и предложений, а также даты окончания приема замечаний и предложений.

8. Местные исполнительные органы соответствующих административно-территориальных единиц не позднее трех рабочих дней с даты размещения заявления о намечаемой деятельности на официальных интернет-ресурсах дополнительно организуют распространение официального сообщения, указанного в части второй пункта 7 настоящей статьи, в одном из средств массовой информации, а также иными способами в соответствии с Законом Республики Казахстан "О доступе к информации".

9. Прием замечаний и предложений заинтересованных государственных органов и общественности в отношении заявления о намечаемой деятельности осуществляется уполномоченным органом в области охраны окружающей среды.

Заинтересованные государственные органы и общественность вправе представлять свои замечания и предложения в отношении заявления о намечаемой деятельности в течение пятнадцати рабочих дней с даты размещения заявления о намечаемой деятельности на официальном интернет-ресурсе уполномоченного органа в области охраны окружающей среды.

Замечания и предложения заинтересованных государственных органов и общественности, полученные по завершении срока приема замечаний и предложений, указанного в части второй настоящего пункта, не принимаются уполномоченным органом в области охраны окружающей среды к рассмотрению.

10. В течение пяти рабочих дней с даты истечения срока приема замечаний и предложений уполномоченный орган в области охраны окружающей среды вносит все замечания и предложения к заявлению о намечаемой деятельности, принятые к рассмотрению от заинтересованных государственных органов и общественности, в протокол, оформляемый в виде сводной таблицы замечаний и предложений, а также в течение того же срока размещает его на официальном интернет-ресурсе уполномоченного органа в области охраны окружающей среды вместе с заключением об определении сферы охвата оценки воздействия на окружающую среду и (или) заключением о результатах скрининга воздействий намечаемой деятельности и направляет их копии в местные исполнительные органы соответствующих административно-территориальных единиц.

Местные исполнительные органы соответствующих административно-территориальных единиц в течение двух рабочих дней после получения от уполномоченного органа в области охраны окружающей среды копий протокола и заключения (заключений), указанных в части первой настоящего пункта, размещают их на своих официальных интернет-ресурсах.

11. При наличии основания для инициирования оценки трансграничных воздействий уполномоченный орган в области охраны окружающей среды инициирует оценку трансграничных воздействий в соответствии со статьей 80 настоящего Кодекса.

Сноска. Статья 68 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 69. Скрининг воздействий намечаемой деятельности

1. Скрининг воздействий намечаемой деятельности представляет собой процесс выявления потенциальных существенных воздействий на окружающую среду при реализации намечаемой деятельности, осуществляемый в целях определения необходимости или отсутствия необходимости проведения оценки воздействия на окружающую среду на основании критериев, установленных статьей 70 настоящего Кодекса.

2. Подача заявления о намечаемой деятельности в целях проведения скрининга ее воздействий является обязательной:

1) для видов намечаемой деятельности и объектов, перечисленных в разделе 2 приложения 1 к настоящему Кодексу с учетом указанных в нем количественных пороговых значений (при их наличии);

2) при внесении существенных изменений в виды деятельности и (или) деятельность объектов, перечисленных в разделе 2 приложения 1 к настоящему Кодексу, в отношении которых ранее был проведен скрининг воздействий намечаемой деятельности с выводом об отсутствии необходимости проведения обязательной оценки воздействия на окружающую среду.

Осуществление такой деятельности без прохождения скрининга воздействий намечаемой деятельности запрещается.

3. Скрининг воздействий намечаемой деятельности организуется уполномоченным органом в области охраны окружающей среды в соответствии с пунктами 5 – 11 статьи 68 настоящего Кодекса, настоящей статьей и инструкцией по организации и проведению экологической оценки.

4. Срок проведения скрининга воздействий намечаемой деятельности составляет двадцать два рабочих дня с даты регистрации заявления о намечаемой деятельности в уполномоченном органе в области охраны окружающей среды.

5. При проведении скрининга воздействий намечаемой деятельности уполномоченный орган в области охраны окружающей среды принимает во внимание все замечания и предложения, поступившие на рассмотрение в соответствии с пунктом 9 статьи 68 настоящего Кодекса.

6. Уполномоченный орган в области охраны окружающей среды не позднее срока, указанного в пункте 4 настоящей статьи, выносит заключение о результатах скрининга воздействий намечаемой деятельности и направляет его инициатору и в заинтересованные государственные органы с последующим размещением его копии на официальном интернет-ресурсе в течение двух рабочих дней.

7. Заключение о результатах скрининга воздействий намечаемой деятельности должно содержать выводы о необходимости или отсутствии необходимости проведения обязательной оценки воздействия на окружающую среду и их мотивированное обоснование.

8. Если в заключении о результатах скрининга воздействий намечаемой деятельности делается вывод о необходимости проведения обязательной оценки воздействия на окружающую среду, уполномоченный орган в области охраны окружающей среды вместе с заключением о результатах скрининга направляет инициатору заключение об определении сферы охвата оценки воздействия на окружающую среду, подготовленное в соответствии со статьей 71 настоящего Кодекса.

9. При наличии в заявлении о намечаемой деятельности альтернативных вариантов реализации намечаемой деятельности в заключении о результатах скрининга воздействий намечаемой деятельности делается отдельный вывод по каждому из вариантов.

10. Физические и юридические лица вправе оспорить заключение о результатах скрининга воздействий намечаемой деятельности в порядке, установленном законодательством Республики Казахстан.

Сноска. Статья 69 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 70. Критерии существенности воздействия на окружающую среду

1. При проведении скрининга воздействий намечаемой деятельности рассматриваются следующие критерии, характеризующие намечаемую деятельность и существенность ее возможного воздействия на окружающую среду:

1) параметры намечаемой деятельности с учетом:

вида и масштаба намечаемой деятельности (объема производства, мощности и иных показателей, в отношении которых разделом 1 приложения 1 к настоящему Кодексу предусмотрены количественные пороговые значения);

кумуляции ее воздействия с воздействиями другой известной деятельности (реализованной, проектируемой, намечаемой) в районе размещения предполагаемого объекта;

видов и количества используемых природных ресурсов;

видов и количества образуемых отходов;

уровня риска загрязнения окружающей среды и причинения вреда жизни и (или) здоровью людей;

уровня риска возникновения чрезвычайной ситуации и (или) аварии с учетом положений законодательства Республики Казахстан о гражданской защите;

уровня риска потери биоразнообразия;

2) параметры затрагиваемой территории с учетом:

текущего целевого назначения соответствующих земель и приоритетов государственной политики в сфере обеспечения устойчивого землепользования;

относительного представительства, количества, качества и способности к естественной регенерации природных ресурсов на затрагиваемой территории;

способности природной среды переносить нагрузку с проявлением особого внимания к территориальной системе экологической стабильности ландшафта, особо охраняемым природным территориям, экологическим "коридорам" и путям миграции диких животных, важным элементам ландшафта, объектам историко-культурного наследия, территориям исторического, культурного или археологического значения, густонаселенным территориям и территориям, испытывающим нагрузки сверх допустимого предела (включая прежние нагрузки);

3) потенциальная значимость воздействия намечаемой деятельности на жизнь и (или) здоровье людей и окружающую среду с учетом объема воздействия (территории и количества населения), его трансграничного характера (с точки зрения его распространения за пределы границ государства), размеров, сложности, вероятности, продолжительности и частоты, а также обратимости последствий (возможности восстановления окружающей среды или ее отдельного объекта до состояния, близкого к исходному).

2. Рассмотрение критериев, предусмотренных пунктом 1 настоящей статьи, осуществляется в соответствии с инструкцией по организации и проведению экологической оценки.

Статья 71. Определение сферы охвата оценки воздействия на окружающую среду

1. Целью определения сферы охвата оценки воздействия на окружающую среду является определение степени детализации и видов информации, которая должна быть собрана и изучена в ходе оценки воздействия на окружающую среду, методов исследований и порядка предоставления такой информации в отчете о возможных воздействиях.

2. В отношении деятельности, подлежащей в соответствии с настоящим Кодексом обязательной оценке воздействия на окружающую среду, в течение двадцати двух рабочих дней с даты регистрации заявления о намечаемой деятельности, но не ранее истечения срока, установленного частью второй пункта 9 статьи 68 настоящего Кодекса, уполномоченный орган в области охраны окружающей среды выносит заключение об определении сферы охвата оценки воздействия на окружающую среду на основании сведений, содержащихся в заявлении о намечаемой деятельности, с учетом замечаний и предложений заинтересованных государственных органов и общественности, поступивших к рассмотрению в соответствии с пунктом 9 статьи 68 настоящего Кодекса, и направляет инициатору такое заключение с размещением его копии на официальном интернет-ресурсе.

3. При определении сферы охвата оценки воздействия на окружающую среду должны учитываться современный уровень знаний, передовые методы исследований, существующие технические возможности в соответствующей отрасли экономики и наличие данных о состоянии окружающей среды.

4. В заключение об определении сферы охвата оценки воздействия на окружающую среду, учитывая вид, локализацию, характер и масштабы возможных воздействий на окружающую среду, а также замечания и предложения заинтересованных государственных органов и общественности, которые были внесены в протокол в соответствии с пунктом 10 статьи 68 настоящего Кодекса, могут быть включены требования к отчету о возможных воздействиях относительно:

1) альтернативных вариантов достижения целей намечаемой деятельности и ее осуществления, которые должны быть изучены при выполнении оценки воздействия на окружающую среду;

2) видов воздействий и объектов воздействия, которые требуют детального изучения;

3) области оценки воздействия и ее методов.

Сноска. Статья 71 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 72. Отчет о возможных воздействиях

1. В соответствии с заключением об определении сферы охвата оценки воздействия на окружающую среду инициатор обеспечивает проведение мероприятий, необходимых для оценки воздействия намечаемой деятельности на окружающую среду, и подготовку по их результатам отчета о возможных воздействиях.

2. Подготовка отчета о возможных воздействиях осуществляется физическими и (или) юридическими лицами, имеющими лицензию на выполнение работ и оказание услуг в области охраны окружающей среды (далее – составители отчета о возможных воздействиях).

3. Организацию и финансирование работ по оценке воздействия на окружающую среду и подготовке проекта отчета о возможных воздействиях обеспечивает инициатор за свой счет.

4. С учетом содержания заключения об определении сферы охвата оценки воздействия на окружающую среду проект отчета о возможных воздействиях должен содержать:

1) описание намечаемой деятельности, в отношении которой составлен отчет, включая:

описание предполагаемого места осуществления намечаемой деятельности, его координаты, определенные согласно геоинформационной системе, с векторными файлами, а также описание состояния окружающей среды в предполагаемом месте осуществления намечаемой деятельности на момент составления отчета;

информацию о категории земель и целях использования земель в ходе строительства и эксплуатации объектов, необходимых для осуществления намечаемой деятельности;

информацию о показателях объектов, необходимых для осуществления намечаемой деятельности, включая их мощность, габариты (площадь занимаемых земель, высота), сведения о производственном процессе, в том числе об ожидаемой производительности предприятия, его потребности в энергии, природных ресурсах, сырье и материалах;

описание работ по постутилизации существующих зданий, строений, сооружений, оборудования и способов их выполнения, если эти работы необходимы для целей реализации намечаемой деятельности;

информацию об ожидаемых видах, характеристиках и количестве эмиссий в окружающую среду, иных негативных антропогенных воздействиях на окружающую среду, связанных со строительством и эксплуатацией объектов для осуществления рассматриваемой деятельности, включая воздействие на воды, атмосферный воздух, почвы, недра, а также вибрации, шумовые, электромагнитные, тепловые и радиационные воздействия;

информацию об ожидаемых видах, характеристиках и количестве отходов, которые будут образованы в ходе строительства и эксплуатации объектов в рамках намечаемой деятельности, в том числе отходов, образуемых в результате осуществления постутилизации существующих зданий, строений, сооружений, оборудования;

2) описание возможных вариантов осуществления намечаемой деятельности с учетом ее особенностей и возможного воздействия на окружающую среду, включая:

вариант, выбранный инициатором намечаемой деятельности для применения, обоснование его выбора, описание других возможных рациональных вариантов, в том числе рационального варианта, наиболее благоприятного с точки зрения охраны жизни и (или) здоровья людей, окружающей среды;

3) информацию о компонентах природной среды и иных объектах, которые могут быть подвержены существенным воздействиям намечаемой деятельности, включая жизнь и (или) здоровье людей, условия их проживания и деятельности, биоразнообразие (в том числе растительный и животный мир, генетические ресурсы, природные ареалы растений и диких животных, пути миграции диких животных, экосистемы), земли (в том числе изъятие земель), почвы (в том числе органический состав, эрозию, уплотнение, иные формы деградации), воды (в том числе гидроморфологические изменения, количество и качество вод), атмосферный воздух, сопротивляемость к изменению климата экологических и социально-экономических систем, материальные активы, объекты историко-культурного наследия (в том числе архитектурные и археологические), ландшафты, а также взаимодействие указанных объектов;

4) описание возможных существенных воздействий (прямых и косвенных, кумулятивных, трансграничных, краткосрочных и долгосрочных, положительных и отрицательных) намечаемой деятельности на объекты, перечисленные в подпункте 3) настоящего пункта, возникающих в результате:

строительства и эксплуатации объектов, предназначенных для осуществления намечаемой деятельности, в том числе работ по постутилизации существующих объектов в случаях необходимости их проведения;

использования природных и генетических ресурсов (в том числе земель, недр, почв, воды, объектов растительного и животного мира – в зависимости от наличия этих ресурсов и места их нахождения, путей миграции диких животных);

эмиссий в окружающую среду, накопления отходов и их захоронения;

кумулятивных воздействий от действующих и планируемых производственных и иных объектов;

применения в процессе осуществления намечаемой деятельности технико-технологических, организационных, управленческих и иных проектных решений, в том числе в случаях, предусмотренных настоящим Кодексом, – наилучших доступных техник по соответствующим областям их применения;

5) обоснование предельных количественных и качественных показателей эмиссий, физических воздействий на окружающую среду;

6) обоснование предельного количества накопления отходов по их видам;

7) обоснование предельных объемов захоронения отходов по их видам, если такое захоронение предусмотрено в рамках намечаемой деятельности;

8) информацию об определении вероятности возникновения аварий и опасных природных явлений, характерных соответственно для намечаемой деятельности и предполагаемого места ее осуществления, в рамках осуществления намечаемой деятельности, описание возможных существенных негативных воздействий на окружающую среду, связанных с рисками возникновения аварий и опасных природных явлений, с учетом возможности проведения мероприятий по их предотвращению и ликвидации;

9) описание предусматриваемых для периодов строительства и эксплуатации объекта мер по предотвращению, сокращению, смягчению выявленных существенных воздействий намечаемой деятельности на окружающую среду, в том числе предлагаемых мероприятий по управлению отходами, а также при наличии неопределенности в оценке возможных существенных воздействий – предлагаемых мер по мониторингу воздействий (включая необходимость проведения послепроектного анализа фактических воздействий после реализации намечаемой деятельности в сравнении с информацией, приведенной в отчете о возможных воздействиях);

10) оценку возможных необратимых воздействий на окружающую среду и обоснование необходимости выполнения операций, влекущих такие воздействия, в том числе сравнительный анализ потерь от необратимых воздействий и выгоды от операций, вызывающих эти потери, в экологическом, культурном, экономическом и социальном контекстах;

11) способы и меры восстановления окружающей среды на случаи прекращения намечаемой деятельности, определенные на начальной стадии ее осуществления;

12) описание мер, направленных на обеспечение соблюдения иных требований, указанных в заключении об определении сферы охвата оценки воздействия на окружающую среду;

13) описание методологии исследований и сведения об источниках экологической информации, использованной при составлении отчета о возможных воздействиях;

14) описание трудностей, возникших при проведении исследований и связанных с отсутствием технических возможностей и недостаточным уровнем современных научных знаний;

15) краткое нетехническое резюме с обобщением информации, указанной в подпунктах 1) – 12) настоящего пункта, в целях информирования заинтересованной общественности в связи с ее участием в оценке воздействия на окружающую среду.

5. Сведения, содержащиеся в отчете о возможных воздействиях, должны соответствовать требованиям по качеству информации, в том числе быть достоверными, точными, полными и актуальными. Информация, содержащаяся в отчете о возможных воздействиях, является общедоступной, за исключением информации, указанной в пункте 8 настоящей статьи.

6. Проект отчета о возможных воздействиях должен быть представлен в уполномоченный орган в области охраны окружающей среды не позднее трех лет с даты вынесения уполномоченным органом в области охраны окружающей среды заключения об определении сферы охвата оценки воздействия на окружающую среду. В случае пропуска инициатором указанного срока уполномоченный орган в области охраны окружающей среды прекращает процесс оценки воздействия на окружающую среду, возвращает инициатору проект отчета о возможных воздействиях и сообщает ему о необходимости подачи нового заявления о намечаемой деятельности.

7. После завершения разработки проекта отчета о возможных воздействиях инициатор или составитель проекта отчета о возможных воздействиях, действующий по договору с инициатором, направляет в уполномоченный орган в области охраны окружающей среды:

1) проект отчета о возможных воздействиях в целях проведения оценки его качества и определения необходимости доработки с учетом замечаний и предложений заинтересованных государственных органов и общественности, результатов общественных слушаний и в случае, предусмотренном пунктом 19 статьи 73 настоящего Кодекса, протокола экспертной комиссии;

2) сопроводительное письмо с указанием мест, дат и времени начала проведения общественных слушаний, согласованных с местными исполнительными органами соответствующих административно-территориальных единиц, или подписанный протокол соответствующих общественных слушаний, проведенных в соответствии со статьей 73 настоящего Кодекса;

3) при наличии в отчете коммерческой, служебной или иной охраняемой законом тайны – документы, указанные в части первой пункта 8 настоящей статьи.

8. При наличии в отчете коммерческой, служебной или иной охраняемой законом тайны инициатор или составитель отчета о возможных воздействиях, действующий по договору с инициатором, вместе с проектом отчета о возможных воздействиях, представляемым в уполномоченный орган в области охраны окружающей среды для целей оценки его качества в соответствии с пунктом 7 настоящей статьи или в подведомственную организацию уполномоченного органа в области охраны окружающей среды и местные исполнительные органы соответствующих административно-территориальных единиц для целей организации общественных слушаний в соответствии со статьей 73 настоящего Кодекса, представляет:

1) заявление, в котором должно быть указано на конкретную информацию в проекте отчета о возможных воздействиях, не подлежащую разглашению, и дано пояснение, к какой охраняемой законом тайне относится указанная информация;

2) вторую копию проекта отчета о возможных воздействиях, в которой соответствующая информация должна быть удалена и заменена на текст "Конфиденциальная информация".

При этом в целях обеспечения права общественности на доступ к экологической информации соответственно уполномоченный орган в области охраны окружающей среды, подведомственная организация уполномоченного органа в области охраны окружающей среды и местные исполнительные органы соответствующих административно-территориальных единиц должны обеспечить доступ общественности к копии отчета о возможных воздействиях, указанной в подпункте 2) части первой настоящего пункта.

Указанная в отчете о возможных воздействиях информация о количественных и качественных показателях эмиссий, физических воздействий на окружающую среду, а также об образуемых, накапливаемых и подлежащих захоронению отходах не может быть признана коммерческой или иной охраняемой законом тайной.

9. Уполномоченный орган в области охраны окружающей среды, подведомственная организация уполномоченного органа в области охраны окружающей среды и местные исполнительные органы соответствующих административно-территориальных единиц несут ответственность, установленную законами Республики Казахстан, за обеспечение конфиденциальности информации, указанной инициатором.

10. Уполномоченный орган в области охраны окружающей среды в течение двух рабочих дней после получения документов, указанных в пункте 7 настоящей статьи, направляет проект отчета о возможных воздействиях в заинтересованные государственные органы.

Заинтересованные государственные органы направляют в уполномоченный орган в области охраны окружающей среды в письменной форме (на бумажных или электронных носителях) свои замечания и предложения к проекту отчета о возможных воздействиях в течение десяти рабочих дней с даты направления уполномоченным органом в области охраны окружающей среды проекта отчета о возможных воздействиях.

Замечания и предложения в письменной форме (на бумажных или электронных носителях), полученные от заинтересованных государственных органов в пределах срока, установленного частью второй настоящего пункта, вносятся уполномоченным органом в области охраны окружающей среды в сводную таблицу, которая размещается на официальном интернет-ресурсе уполномоченного органа в области охраны окружающей среды вместе с заключением по результатам оценки воздействия на окружающую среду в соответствии с подпунктом 1) пункта 4 статьи 76 настоящего Кодекса.

Сноска. Статья 72 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 73. Общественные слушания в отношении проекта отчета о возможных воздействиях

1. Проект отчета о возможных воздействиях подлежит вынесению инициатором на общественные слушания до начала или в процессе проведения оценки его качества уполномоченным органом в области охраны окружающей среды. Общественные слушания проводятся в соответствии с настоящей статьей и правилами проведения общественных слушаний, утвержденными уполномоченным органом в области охраны окружающей среды (далее – правила проведения общественных слушаний).

В случае завершения общественных слушаний до начала процесса проведения оценки качества проекта отчета о возможных воздействиях такой проект должен быть направлен в уполномоченный орган в области охраны окружающей среды не позднее шести месяцев с даты подписания протокола общественных слушаний.

2. В целях организации общественных слушаний инициатор:

1) в соответствии с правилами проведения общественных слушаний согласовывает с местными исполнительными органами соответствующих административно-территориальных единиц места, даты и время проведения общественных слушаний;

2) направляет в подведомственную организацию уполномоченного органа в области охраны окружающей среды и местные исполнительные органы соответствующих административно-территориальных единиц для размещения на официальных интернет-ресурсах:

проект отчета о возможных воздействиях;

при наличии в отчете коммерческой, служебной или иной охраняемой законом тайны – документы, указанные в части первой пункта 8 статьи 72 настоящего Кодекса;

объявление о проведении общественных слушаний с указанием мест, дат и времени начала проведения общественных слушаний, согласованных с местными исполнительными органами соответствующих административно-территориальных единиц.

3. Подведомственная организация уполномоченного органа в области охраны окружающей среды и местные исполнительные органы соответствующих административно-территориальных единиц после получения документов, указанных в подпункте 2) пункта 2 настоящей статьи, в течение двух рабочих дней размещают проект отчета о возможных воздействиях вместе с объявлением о проведении общественных слушаний на официальных интернет-ресурсах.

Проект отчета о возможных воздействиях должен быть доступным для ознакомления на официальных интернет-ресурсах уполномоченного органа в области охраны окружающей среды и местных исполнительных органов соответствующих административно-территориальных единиц не менее тридцати календарных дней с даты размещения.

4. Инициатор обязан организовать распространение объявления о проведении общественных слушаний на казахском и русском языках не менее чем в одной газете и посредством не менее чем одного теле- или радиоканала, распространяемых на территории соответствующих административно-территориальных единиц, полностью или частично расположенных в пределах затрагиваемой территории.

Объявление о проведении общественных слушаний должно быть распространено указанными в части первой настоящего пункта способами не позднее чем за двадцать рабочих дней до даты начала проведения общественных слушаний. Дата начала проведения общественных слушаний должна быть назначена не ранее даты истечения срока, установленного частью второй пункта 3 настоящей статьи.

Объявление о проведении общественных слушаний должно содержать следующую информацию:

1) предмет общественных слушаний;

2) место, дату и время начала проведения общественных слушаний;

3) ссылку на страницу интернет-ресурса уполномоченного органа в области охраны окружающей среды, по которой можно ознакомиться с проектом отчета о возможных воздействиях, копией заявления о намечаемой деятельности;

4) реквизиты и контактные данные инициатора намечаемой деятельности;

5) электронный адрес и номер телефона, по которым можно получить дополнительную информацию о намечаемой деятельности, проведении общественных слушаний, а также запросить копии документов, относящихся к намечаемой деятельности;

6) электронный адрес и почтовый адрес местного исполнительного органа соответствующей административно-территориальной единицы, по которым заинтересованная общественность может направить в письменной форме (на бумажных или электронных носителях) свои замечания и предложения к проекту отчета о возможных воздействиях.

5. Инициатор обязан представлять общественности по ее запросу копии заявления о намечаемой деятельности, протокола, подготовленного в соответствии с пунктом 10 статьи 68 настоящего Кодекса, заключения о результатах скрининга воздействий намечаемой деятельности (в случае его проведения), заключения об определении сферы охвата оценки воздействия на окружающую среду и проекта отчета о возможных воздействиях (в электронной форме).

6. Расходы по организации проведения общественных слушаний, в том числе по распространению объявлений о проведении общественных слушаний в средствах массовой информации, обеспечению места проведения таких слушаний, предоставлению необходимой аппаратуры и материалов, несет инициатор.

7. Заинтересованные государственные органы и общественность вправе направить в местный исполнительный орган соответствующей административно-территориальной единицы в письменной форме (на бумажных или электронных носителях) свои замечания и предложения к проекту отчета о возможных воздействиях не позднее трех рабочих дней до даты начала проведения общественных слушаний либо озвучить свои замечания и предложения устно в ходе проведения общественных слушаний.

Замечания и предложения в письменной форме (на бумажных или электронных носителях), полученные от заинтересованных государственных органов и общественности, вносятся местным исполнительным органом соответствующей административно-территориальной единицы в сводную таблицу, которая выносится на общественные слушания вместе с проектом отчета о возможных воздействиях.

8. При проведении общественных слушаний не учитываются замечания и предложения заинтересованных государственных органов и общественности, которые не сформулированы конкретно и не отражают сути замечаний и предложений или явно не имеют отношения к вопросам, подлежащим изучению в рамках оценки воздействия на окружающую среду.

9. Общественные слушания являются открытыми для любых лиц, желающих принять в них участие, независимо от места их проживания. В процессе проведения общественных слушаний любое участвующее в них лицо вправе озвучить свои замечания и предложения по проекту отчета о возможных воздействиях согласно установленному регламенту проведения общественных слушаний.

10. Порядок проведения общественных слушаний, в том числе утверждения регламента, оформления протокола, передачи протокола уполномоченному органу в области охраны окружающей среды и доведения протокола до сведения общественности, устанавливается правилами проведения общественных слушаний.

11. Общественные слушания проводятся под председательством представителя местного исполнительного органа соответствующей административно-территориальной единицы.

Местный исполнительный орган соответствующей административно-территориальной единицы обеспечивает видео- и аудиозапись всего хода общественных слушаний. Электронный носитель с видео- и аудиозаписью общественных слушаний подлежит приобщению к протоколу общественных слушаний.

12. Срок проведения общественных слушаний не должен превышать пять последовательных рабочих дней.

13. После завершения общественных слушаний оформляется протокол по форме, установленной правилами проведения общественных слушаний, в который в обязательном порядке включаются:

1) все замечания и предложения заинтересованных государственных органов и общественности, представленные в письменной форме в соответствии с пунктом 7 настоящей статьи или озвученные в ходе проведения общественных слушаний, за исключением замечаний и предложений, которые были сняты их авторами в ходе проведения общественных слушаний;

2) ответы и комментарии инициатора по каждому замечанию и предложению, внесенным в протокол в соответствии с подпунктом 1) настоящего пункта;

3) информация о праве на обжалование протокола в порядке, установленном законодательством Республики Казахстан.

14. Секретарь общественных слушаний оформляет протокол общественных слушаний и несет ответственность за полноту и достоверность отраженных в нем сведений. Протокол подписывается председателем и секретарем общественных слушаний в течение двух рабочих дней с даты завершения общественных слушаний.

15. Местный исполнительный орган соответствующей административно-территориальной единицы размещает подписанный протокол на официальном интернет-ресурсе не позднее двух рабочих дней после его подписания.

16. После подписания протокола общественных слушаний:

1) при отсутствии в протоколе замечаний и предложений заинтересованных государственных органов и общественности, не снятых их авторами в ходе проведения общественных слушаний, председатель общественных слушаний в течение двух рабочих дней направляет подписанный протокол в уполномоченный орган в области охраны окружающей среды для подготовки заключения по результатам оценки воздействия на окружающую среду в соответствии со статьей 76 настоящего Кодекса;

2) при наличии в протоколе замечаний и предложений заинтересованных государственных органов и общественности, не снятых их авторами в ходе проведения общественных слушаний, инициатор обеспечивает доработку проекта отчета о возможных воздействиях в соответствии с такими замечаниями и предложениями и направляет доработанный проект отчета о возможных воздействиях в уполномоченный орган в области охраны окружающей среды.

17. При повторной подаче в уполномоченный орган в области охраны окружающей среды проекта отчета о возможных воздействиях проведение повторных общественных слушаний не требуется, за исключением следующих случаев:

1) если повторно подаваемый проект отчета о возможных воздействиях содержит существенные изменения в намечаемую деятельность, предусмотренные пунктом 2 статьи 65 настоящего Кодекса, которые ранее не были рассмотрены на общественных слушаниях;

2) если в протоколе ранее проведенных общественных слушаний имеются замечания и (или) предложения общественности, не снятые их авторами в ходе проведения таких общественных слушаний;

3) если при проведении общественных слушаний были допущены нарушения требований экологического законодательства Республики Казахстан к порядку проведения общественных слушаний.

Повторные общественные слушания проводятся в соответствии с пунктами 1 – 15 и 18 настоящей статьи.

18. В процессе проведения повторных общественных слушаний проект отчета о возможных воздействиях рассматривается в части, доработанной в соответствии с замечаниями и предложениями, внесенными в протокол первоначальных общественных слушаний, а также в части существенных изменений в намечаемую деятельность, предусмотренных пунктом 2 статьи 65 настоящего Кодекса, которые были внесены в проект отчета о возможных воздействиях и ранее не были рассмотрены на общественных слушаниях. Если при доработке проекта отчета о возможных воздействиях не были учтены какие-либо замечания и предложения, внесенные в протокол первоначальных общественных слушаний, в процессе проведения повторных общественных слушаний также рассматриваются причины отказа инициатора от доработки проекта отчета о возможных воздействиях в этой части.

В процессе проведения повторных общественных слушаний любое участвующее в них лицо вправе озвучить свои замечания и предложения в пределах вопросов, подлежащих рассмотрению при проведении повторных общественных слушаний согласно части первой настоящего пункта. Замечания и предложения, которые не относятся к указанным вопросам, не подлежат учету при проведении повторных общественных слушаний.

Если при проведении предыдущих общественных слушаний были допущены нарушения требований экологического законодательства Республики Казахстан к порядку проведения общественных слушаний, в процессе проведения повторных общественных слушаний проект отчета о возможных воздействиях рассматривается в полном объеме.

19. В случае несогласия инициатора с замечаниями и предложениями заинтересованных государственных органов и общественности, которые не были сняты их авторами в ходе проведения повторных общественных слушаний, соответствующее мнение инициатора вносится в протокол повторных общественных слушаний, который направляется вместе с заявлением на проведение заседания экспертной комиссии от местного исполнительного органа соответствующей административно-территориальной единицы в уполномоченный орган в области охраны окружающей среды, после чего разногласия по спорным вопросам разрешаются в соответствии со статьей 74 настоящего Кодекса.

Сноска. Статья 73 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 74. Экспертная комиссия

1. Уполномоченный орган в области охраны окружающей среды в течение двух рабочих дней со дня получения заявления на проведение заседания экспертной комиссии и протокола повторных общественных слушаний в случае, указанном в пункте 19 статьи 73 настоящего Кодекса:

1) создает экспертную комиссию под председательством представителя ведомства уполномоченного органа в области охраны окружающей среды;

2) направляет членам экспертной комиссии копии доработанного проекта отчета о возможных воздействиях и протоколов первоначальных и повторных общественных слушаний;

3) назначает даты проведения заседания экспертной комиссии.

Для формирования экспертной комиссии уполномоченный орган в области охраны окружающей среды направляет в аккредитованные некоммерческие организации приглашение. В окончательный состав экспертной комиссии включаются по одному представителю от аккредитованных некоммерческих организаций, письменно подтвердивших свое желание участвовать в работе экспертной комиссии.

2. Экспертные комиссии являются коллегиальными, консультативно-совещательными органами, созываемыми для рассмотрения каждого отдельного проекта отчета о возможных воздействиях.

3. Экспертные комиссии действуют в соответствии с настоящим Кодексом и положением об экспертных комиссиях, утвержденным уполномоченным органом в области охраны окружающей среды.

4. Членами экспертной комиссии являются:

1) председатель экспертной комиссии в лице представителя ведомства уполномоченного органа в области охраны окружающей среды, осуществляющего функции экологического регулирования и контроля;

2) по одному представителю от каждого заинтересованного государственного органа;

3) один представитель Национальной палаты предпринимателей Республики Казахстан;

4) представитель аккредитованных некоммерческих организаций, изъявивших желание участвовать в работе экспертной комиссии.

5. Инициатор, члены экспертной комиссии вправе приглашать на заседания экспертной комиссии независимых экспертов из числа представителей экспертного сообщества (научных работников, признанных специалистов-практиков), обладающих соответствующими профессиональными знаниями и практическим опытом по вопросам, подлежащим рассмотрению экспертной комиссией. Приглашенные на заседания экспертной комиссии независимые эксперты представляют на заседаниях экспертной комиссии свое независимое мнение по рассматриваемым вопросам в рамках области своих профессиональных знаний и практического опыта и не вправе принимать участие в голосовании экспертной комиссии.

6. Заседание экспертной комиссии должно быть начато не позднее двадцати рабочих дней после направления членам экспертной комиссии копий проекта отчета о возможных воздействиях и протоколов общественных слушаний.

7. В срок, не превышающий десяти рабочих дней после получения членами экспертной комиссии копий проекта отчета о возможных воздействиях и протоколов общественных слушаний, все члены экспертной комиссии направляют председателю свои замечания и предложения по спорным вопросам, вынесенным на рассмотрение экспертной комиссии.

8. Председатель экспертной комиссии уведомляет инициатора о месте и времени проведения заседания экспертной комиссии и представляет ему замечания и предложения членов комиссии не позднее чем за семь рабочих дней до даты начала заседания.

9. Заседание экспертной комиссии проводится с участием инициатора и составителя проекта отчета о возможных воздействиях на окружающую среду.

10. В ходе заседания экспертной комиссии:

1) инициатор и составитель отчета о возможных воздействиях выступают с докладом относительно:

намечаемой деятельности;

ее ожидаемых существенных воздействий на окружающую среду и необходимых мер по предотвращению, сокращению и (или) смягчению таких воздействий;

мер, предпринятых для доработки проекта отчета о возможных воздействиях в соответствии с замечаниями и предложениями, полученными в рамках общественных слушаний;

представленных в ходе общественных слушаний предложений и замечаний к проекту отчета о возможных воздействиях, которые были учтены при доработке проекта отчета о возможных воздействиях;

спорных замечаний и предложений, представленных в ходе общественных слушаний, но не учтенных при доработке проекта отчета о возможных воздействиях, и причин, по которым такие замечания и предложения не были учтены;

2) члены экспертной комиссии, инициатор и составитель отчета о возможных воздействиях проводят обсуждение по спорным вопросам, вынесенным на рассмотрение экспертной комиссии, заслушивают мнения приглашенных независимых экспертов;

3) экспертная комиссия открытым голосованием принимает решение по спорным вопросам, связанным с намечаемой деятельностью и ее возможными воздействиями на окружающую среду, и о необходимости или отсутствии необходимости в связи с этим доработки проекта отчета о возможных воздействиях.

11. Решения экспертной комиссии принимаются не менее чем двумя третями всех членов экспертной комиссии и фиксируются в протоколе заседания экспертной комиссии.

Члены экспертной комиссии, голосовавшие против принятия решения экспертной комиссии, вправе составить особое мнение по спорному вопросу, которое прилагается к протоколу заседания экспертной комиссии.

12. Заседание экспертной комиссии должно быть завершено в срок не позднее пяти календарных дней с даты его начала.

По результатам заседания экспертной комиссии составляется протокол заседания экспертной комиссии, в котором отражаются все высказанные во время заседания замечания и предложения членов экспертной комиссии, инициатора и составителя отчета, мнения приглашенных независимых экспертов, а также принятые решения. Протокол подписывается председателем и всеми членами экспертной комиссии, участвовавшими в заседании, не позднее срока, указанного в части первой настоящего пункта.

13. Протокол заседания экспертной комиссии рассматривается уполномоченным органом в области охраны окружающей среды в процессе подготовки заключения по проекту отчета о возможных воздействиях.

14. В случае принятия экспертной комиссией решения о необходимости доработки проекта отчета о возможных воздействиях уполномоченный орган в области охраны окружающей среды направляет инициатору проект отчета на доработку, после которой положения статьи 73 настоящего Кодекса применяются повторно.

15. Члены экспертной комиссии не вправе разглашать сведения, составляющие государственные секреты, коммерческую и иную охраняемую законом тайну, полученные ими в рамках работы экспертной комиссии, за исключением случаев, предусмотренных законами Республики Казахстан, а также экологической информации, гласность которой гарантируется настоящим Кодексом.

Сноска. Статья 74 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 75. Оценка трансграничных воздействий, проводимая в ходе оценки воздействия на окружающую среду

1. При наличии оснований, предусмотренных подпунктом 1) пункта 1 статьи 80 настоящего Кодекса, в ходе оценки воздействия на окружающую среду проводится оценка трансграничных воздействий.

2. Оценка трансграничных воздействий проводится в соответствии с параграфом 4 настоящей главы и международными договорами Республики Казахстан.

Статья 76. Заключение по результатам оценки воздействия на окружающую среду

1. При наличии замечаний к проекту отчета о возможных воздействиях уполномоченный орган в области охраны окружающей среды направляет такие замечания инициатору в течение семнадцати рабочих дней с даты регистрации заявления на проведение оценки воздействия на окружающую среду. Такие замечания должны быть устранены инициатором в течение пяти рабочих дней со дня направления замечаний.

Уполномоченный орган в области охраны окружающей среды в течение тридцати рабочих дней с даты регистрации заявления на проведение оценки воздействия на окружающую среду выдает инициатору заключение по результатам оценки воздействия на окружающую среду с выводом о допустимости или недопустимости реализации намечаемой деятельности.

Если подписанный протокол общественных слушаний не представлен в уполномоченный орган в области охраны окружающей среды до истечения срока устранения замечаний, установленного частью первой настоящего пункта, выдается заключение по результатам оценки воздействия на окружающую среду с выводом о недопустимости реализации намечаемой деятельности.

Заключение уполномоченного органа в области охраны окружающей среды по результатам оценки воздействия на окружающую среду должно быть основано на проекте отчета о возможных воздействиях с учетом его возможной доработки в соответствии с настоящим Кодексом, протоколе общественных слушаний, которым установлено отсутствие замечаний и предложений общественности, протоколе заседания экспертной комиссии (при его наличии), а в случае необходимости проведения оценки трансграничных воздействий – на результатах такой оценки.

2. Заключение по результатам оценки воздействия на окружающую среду должно содержать следующую информацию:

1) описание видов операций, предусмотренных в рамках намечаемой деятельности, и место их осуществления;

2) вывод о:

возможных существенных воздействиях на окружающую среду при реализации намечаемой деятельности;

допустимости реализации намечаемой деятельности при соблюдении условий, указанных в заключении;

3) условия, при которых реализация намечаемой деятельности признается допустимой, в том числе:

условия охраны окружающей среды, жизни и (или) здоровья людей, соблюдение которых является обязательным для инициатора при реализации намечаемой деятельности, включая этапы проектирования, строительства, реконструкции, эксплуатации, постутилизации объектов и ликвидации последствий при реализации намечаемой деятельности, а также информацию о необходимых мерах, направленных на обеспечение соблюдения таких условий охраны жизни и (или) здоровья людей, окружающей среды, которую должны учитывать уполномоченные государственные органы при принятии решений, связанных с намечаемой деятельностью;

предельные количественные и качественные показатели эмиссий, физических воздействий на природную среду;

предельное количество накопления отходов по их видам;

предельное количество захоронения отходов по их видам, если такое захоронение предусмотрено в рамках реализации намечаемой деятельности;

в случае установления в отчете о возможных воздействиях необходимости проведения послепроектного анализа: цели, масштабы и сроки его проведения, требования к его содержанию, сроки представления отчетов о послепроектном анализе в уполномоченный орган в области охраны окружающей среды и, при необходимости, другим государственным органам;

условия и необходимые меры, направленные на предупреждение аварий, ограничение и ликвидацию их последствий;

обязанности инициатора по предотвращению, сокращению и (или) смягчению негативных воздействий на окружающую среду при реализации намечаемой деятельности, а также устранению возможного экологического ущерба, если реализация намечаемой деятельности может стать причиной такого ущерба;

4) информацию о результатах оценки трансграничных воздействий (в случае ее проведения).

3. К заключению по результатам оценки воздействия на окружающую среду прилагается обоснование, содержащее:

1) основные аргументы и выводы, послужившие основой для вынесения заключения;

2) информацию о проведении общественных слушаний (распространении объявлений о проведении общественных слушаний, предоставлении общественности информации и документов, процессе проведения общественных слушаний), рассмотрении замечаний и предложений общественности и о выводах, полученных в результате рассмотрения;

3) обобщение информации, полученной в результате консультаций с заинтересованными государственными органами, проведения общественных слушаний и оценки трансграничных воздействий (в случае ее проведения), рассмотрения проекта отчета о возможных воздействиях экспертной комиссией, с пояснением о том, каким образом указанная информация была учтена при вынесении заключения по результатам оценки воздействия на окружающую среду.

4. Уполномоченный орган в области охраны окружающей среды в течение двух рабочих дней, следующих за днем вынесения заключения по результатам оценки воздействия на окружающую среду:

1) размещает заключение по результатам оценки воздействия на окружающую среду, а также сводную таблицу с замечаниями и предложениями заинтересованных государственных органов на официальном интернет-ресурсе;

2) исключен Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3) направляет заключение по результатам оценки воздействия на окружающую среду в местные исполнительные органы соответствующих административно-территориальных единиц, расположенных полностью или частично в пределах затрагиваемой территории, которые размещают заключение на официальных интернет-ресурсах не позднее одного рабочего дня, следующего за днем получения заключения.

5. Выводы и условия, содержащиеся в заключении по результатам оценки воздействия на окружающую среду, обязательно учитываются всеми государственными органами при выдаче разрешений, принятии уведомлений и иных административных процедурах, связанных с реализацией соответствующей намечаемой деятельности.

6. В проектных документах, разрабатываемых для реализации намечаемой деятельности, должны быть предусмотрены технико-технологические, организационные, управленческие и иные проектные решения, включая применение в случаях, определенных настоящим Кодексом, наилучших доступных техник, обеспечивающие соблюдение экологического законодательства Республики Казахстан и соответствие выводам и условиям, содержащимся в заключении по результатам оценки воздействия на окружающую среду.

7. Заключение по результатам оценки воздействия на окружающую среду действует бессрочно, за исключением случая, предусмотренного частью второй настоящего пункта.

Если в течение трех лет с даты вынесения заключения по результатам оценки воздействия на окружающую среду инициатор или его правопреемник не приступает к осуществлению соответствующей намечаемой деятельности, в том числе для деятельности, предполагающей проведение строительно-монтажных работ, – к выполнению таких работ, то такое заключение по результатам оценки воздействия на окружающую среду по истечении указанного срока считается утратившим силу.

Сноска. Статья 76 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 77. Ответственность за содержание отчета о возможных воздействиях

1. Составитель отчета о возможных воздействиях несет гражданско-правовую ответственность перед инициатором за качество отчета о возможных воздействиях и иных полученных составителем результатов проведения оценки воздействия на окружающую среду в соответствии с заключенным между ними договором.

2. Составитель отчета о возможных воздействиях, инициатор несут ответственность, предусмотренную законами Республики Казахстан, за сокрытие полученных сведений о воздействиях на окружающую среду и представление недостоверных сведений при проведении оценки воздействия на окружающую среду.

3. Контроль за соблюдением требований экологического законодательства Республики Казахстан при проведении оценки воздействия на окружающую среду осуществляет уполномоченный орган в области охраны окружающей среды.

Статья 78. Послепроектный анализ фактических воздействий при реализации намечаемой деятельности

1. Послепроектный анализ фактических воздействий при реализации намечаемой деятельности (далее – послепроектный анализ) проводится составителем отчета о возможных воздействиях в целях подтверждения соответствия реализованной намечаемой деятельности отчету о возможных воздействиях и заключению по результатам проведения оценки воздействия на окружающую среду.

Послепроектный анализ должен быть начат не ранее чем через двенадцать месяцев и завершен не позднее чем через восемнадцать месяцев после начала эксплуатации соответствующего объекта, оказывающего негативное воздействие на окружающую среду.

Проведение послепроектного анализа обеспечивается оператором соответствующего объекта за свой счет.

2. Не позднее срока, указанного в части второй пункта 1 настоящей статьи, составитель отчета о возможных воздействиях подготавливает и подписывает заключение по результатам послепроектного анализа, в котором делается вывод о соответствии или несоответствии реализованной намечаемой деятельности отчету о возможных воздействиях и заключению по результатам оценки воздействия на окружающую среду. В случае выявления несоответствий в заключении по результатам послепроектного анализа приводится подробное описание таких несоответствий.

Составитель направляет подписанное заключение по результатам послепроектного анализа оператору соответствующего объекта и в уполномоченный орган в области охраны окружающей среды в течение двух рабочих дней с даты подписания заключения по результатам послепроектного анализа.

Уполномоченный орган в области охраны окружающей среды в течение двух рабочих дней с даты получения заключения по результатам послепроектного анализа размещает его на официальном интернет-ресурсе.

3. Порядок проведения послепроектного анализа и форма заключения по результатам послепроектного анализа определяются и утверждаются уполномоченным органом в области охраны окружающей среды.

Получение уполномоченным органом в области охраны окружающей среды заключения по результатам послепроектного анализа является основанием для проведения профилактического контроля без посещения субъекта (объекта) контроля.

4. Составитель несет административную и уголовную ответственность, предусмотренную законами Республики Казахстан, за сокрытие сведений, полученных при проведении послепроектного анализа, и представление недостоверных сведений в заключении по результатам послепроектного анализа.

Статья 79. Методическое обеспечение проведения оценки воздействия на окружающую среду

1. Оценка воздействия на окружающую среду проводится в соответствии с инструктивно-методическими документами по проведению оценки воздействия на окружающую среду, утверждаемыми уполномоченным органом в области охраны окружающей среды.

2. Уполномоченный орган в области охраны окружающей среды в пределах своей компетенции осуществляет контроль за соблюдением требований инструктивно-методических документов по проведению оценки воздействия на окружающую среду лицами, имеющими лицензию на выполнение работ и оказание услуг в области охраны окружающей среды.

Параграф 4. Оценка трансграничных воздействий

Статья 80. Основания проведения оценки трансграничных воздействий

1. Оценка трансграничных воздействий проводится, если:

1) намечаемая деятельность, осуществление которой предусмотрено на территории Республики Казахстан, может оказывать существенное негативное трансграничное воздействие на окружающую среду на территории другого государства;

2) реализация Документа на территории Республики Казахстан может оказывать существенное негативное трансграничное воздействие на окружающую среду на территории другого государства;

3) осуществление намечаемой деятельности или реализация Документа за пределами территории Республики Казахстан может оказывать существенное негативное трансграничное воздействие на окружающую среду на территории Республики Казахстан.

2. Оценка трансграничных воздействий проводится при условии, что это предусмотрено международными договорами Республики Казахстан, и в соответствии с положениями таких договоров и законодательством Республики Казахстан.

3. Основания, указанные в подпунктах 1) и 2) пункта 1 настоящей статьи, выявляются:

1) инициатором намечаемой деятельности, осуществление которой предполагается на территории Республики Казахстан, при подготовке заявления о намечаемой деятельности или в дальнейшем в ходе оценки воздействия такой деятельности на окружающую среду;

2) государственным органом – разработчиком Документа Республики Казахстан в ходе проведения стратегической экологической оценки;

3) уполномоченным органом в области охраны окружающей среды в ходе выполнения им своих функций при проведении оценки воздействия на окружающую среду и стратегической экологической оценки.

4. Государственный орган – разработчик начинает сбор информации, необходимой для оценки вероятности, характера и масштабов возможных трансграничных воздействий на окружающую среду при реализации Документа, до подачи заявления о проведении скрининга воздействий Документа или, если Документ не подлежит скринингу, на этапе определения сферы охвата отчета по стратегической экологической оценке.

Инициатор начинает сбор информации о возможных существенных негативных трансграничных воздействиях намечаемой деятельности на окружающую среду до подачи заявления о выдаче решения по результатам оценки.

По мере появления дополнительной информации основания, перечисленные в подпунктах 1) и 2) пункта 1 настоящей статьи, могут быть выявлены в ходе дальнейшего проведения стратегической экологической оценки или оценки воздействия на окружающую среду.

Уполномоченный орган в области охраны окружающей среды проверяет наличие оснований, перечисленных в подпунктах 1) и 2) пункта 1 настоящей статьи, в ходе скрининга воздействий при реализации Документа или намечаемой деятельности, а также в процессе стратегической экологической оценки или оценки воздействия на окружающую среду.

5. Ответственность за проведение оценки трансграничных воздействий несет уполномоченный орган в области охраны окружающей среды.

Статья 81. Инициирование оценки трансграничных воздействий в случаях, когда стороной их происхождения является Республика Казахстан

1. При выявлении оснований, перечисленных в подпунктах 1) и 2) пункта 1 статьи 80 настоящего Кодекса, уполномоченный орган в области охраны окружающей среды издает приказ о начале оценки трансграничных воздействий.

2. Приказ о начале оценки трансграничных воздействий (далее – приказ) должен содержать:

1) решение о начале оценки трансграничных воздействий и приостановлении всех ранее начатых административных процедур, связанных со стратегической экологической оценкой или оценкой воздействия на окружающую среду;

2) для стратегической экологической оценки – перечень запрашиваемых у государственного органа – разработчика документов и (или) информации, включающий:

заявление о проведении скрининга воздействий Документа;

заявление об определении сферы охвата отчета по стратегической экологической оценке;

заключение о результатах скрининга воздействий Документа;

заключение об определении сферы охвата отчета по стратегической экологической оценке;

проект концепции Документа, если ее разработка предусмотрена законодательством Республики Казахстан;

информацию об основных направлениях и сроках реализации Документа, для которого предварительная разработка концепции законодательством Республики Казахстан не предусмотрена;

фрагмент проекта Документа, содержащий информацию о возможных трансграничных воздействиях на окружающую среду при его реализации;

фрагмент отчета по стратегической экологической оценке, содержащий информацию о возможных трансграничных воздействиях на окружающую среду при реализации Документа;

3) для оценки воздействия на окружающую среду – перечень запрашиваемых у инициатора намечаемой деятельности документов и (или) информации, включающий:

заявление инициатора о вынесении решения по результатам оценки трансграничных воздействий;

заявление о намечаемой деятельности;

заключение о результатах скрининга воздействий намечаемой деятельности;

заключение об определении сферы охвата оценки воздействия на окружающую среду;

выдержку из отчета о возможных воздействиях, содержащую информацию о возможных трансграничных воздействиях на окружающую среду при реализации намечаемой деятельности;

4) требования, предъявляемые к документам и (или) информации, перечисленным в подпунктах 2) и 3) настоящего пункта, указанные в пункте 3 настоящей статьи.

3. Документы и (или) информация, перечисленные в подпунктах 2) и 3) пункта 2 настоящей статьи, должны быть представлены в электронной форме на казахском или русском языке.

4. Уполномоченный орган в области охраны окружающей среды не позднее рабочего дня, следующего за днем принятия приказа, направляет или вручает его копию государственному органу – разработчику или инициатору.

5. Уполномоченный орган в области охраны окружающей среды в течение трех рабочих дней, следующих за днем получения от государственного органа – разработчика или инициатора документов, соответствующих требованиям, указанным в приказе, направляет в Министерство иностранных дел Республики Казахстан для дальнейшей передачи затрагиваемым сторонам следующие документы:

1) письмо, содержащее:

информацию о Документе или намечаемой деятельности, в том числе все имеющиеся сведения о возможном трансграничном воздействии разрабатываемого документа или намечаемой деятельности на окружающую среду;

информацию о порядке и правовых последствиях утверждения Документа или принятия решения по результатам оценки;

информацию о порядке проведения стратегической экологической оценки или оценки воздействия на окружающую среду, включая сроки представления замечаний и предложений заинтересованными государственными органами и общественностью;

уведомление о сроке для представления затрагиваемыми сторонами ответа об их намерении принять участие в оценке трансграничных воздействий, который не должен превышать пятнадцать календарных дней;

2) документы и (или) информацию, предоставленные государственным органом – разработчиком или инициатором в соответствии с требованиями приказа;

3) дополнительные материалы, если они имеются и могут повлиять на решение затрагиваемой стороны об участии в оценке трансграничных воздействий.

6. В случае отказа затрагиваемых сторон от участия в оценке трансграничных воздействий либо непредставления ими ответа в срок, указанный в уведомлении, уполномоченный орган в области охраны окружающей среды в течение следующего за этим сроком рабочего дня принимает приказ о прекращении оценки трансграничных воздействий и возобновлении ранее начатых административных процедур, связанных со стратегической экологической оценкой или оценкой воздействия на окружающую среду, с уведомлением об этом соответствующего государственного органа – разработчика или инициатора намечаемой деятельности.

7. В случае, если хотя бы одна из затрагиваемых сторон, получившая документы, направленные ей в соответствии с пунктом 5 настоящей статьи, сообщила в срок, указанный в уведомлении, о своем намерении принять участие в оценке трансграничных воздействий, уполномоченный орган в области охраны окружающей среды в течение пяти рабочих дней организует с такой стороной первоначальные консультации с целью обмена информацией и установления порядка, сроков, места проведения дальнейших консультаций, языка документов, подлежащих представлению затрагиваемой стороне, и (или) информации, иных условий проведения оценки трансграничных воздействий.

Общий срок проведения с затрагиваемыми сторонами консультаций по оценке трансграничных воздействий не должен превышать сто восемьдесят календарных дней.

Статья 82. Порядок проведения оценки трансграничных воздействий

1. Уполномоченный орган в области охраны окружающей среды организует проведение консультаций с затрагиваемыми сторонами в соответствии с порядком и условиями, согласованными в ходе первоначальных консультаций.

При проведении консультаций стороны могут согласовать порядок и условия участия общественности затрагиваемых сторон в стратегической экологической оценке или оценке воздействия на окружающую среду наряду с общественностью Республики Казахстан.

2. После завершения подготовки отчета по стратегической экологической оценке и оценки его качества либо завершения подготовки отчета о возможных воздействиях уполномоченный орган в области охраны окружающей среды определяет фрагменты Документа, отчета по стратегической экологической оценке, отчета о возможных воздействиях, иную документацию и (или) информацию, связанные со стратегической экологической оценкой либо с оценкой воздействия на окружающую среду, которые должны быть переведены на язык, определенный во время консультаций Республики Казахстан с затрагиваемыми сторонами, и уведомляет об этом государственный орган – разработчик или инициатора намечаемой деятельности.

3. Государственный орган – разработчик или инициатор намечаемой деятельности в течение пятнадцати рабочих дней, следующих за днем получения уведомления, указанного в пункте 2 настоящей статьи, представляет фрагменты из Документа, отчета по стратегической экологической оценке или отчета о возможных воздействиях с иной документацией и (или) информацией, которые связаны со стратегической экологической оценкой либо с оценкой воздействия на окружающую среду, с нотариально засвидетельствованным их переводом на язык, указанный в уведомлении, в уполномоченный орган в области охраны окружающей среды.

Уполномоченный орган в области охраны окружающей среды в течение пяти рабочих дней, следующих за днем получения информации и других документов, соответствующих требованиям части первой настоящего пункта, направляет их в Министерство иностранных дел Республики Казахстан для дальнейшей передачи затрагиваемым сторонам, участвовавшим в оценке трансграничных воздействий.

4. На основе Документа, отчета по стратегической экологической оценке, отчета о возможных воздействиях, а также иной информации и документов, связанных с возможным трансграничным воздействием Документа или намечаемой деятельности на окружающую среду, уполномоченный орган в области охраны окружающей среды организует проведение с затрагиваемыми сторонами консультаций, включающих обсуждение:

возможных альтернативных положений Документа или вариантов осуществления намечаемой деятельности;

возможных мер по уменьшению трансграничных воздействий и мониторингу последствий применения таких мер за счет средств стороны происхождения;

других форм взаимной помощи сторон в уменьшении любого трансграничного воздействия на окружающую среду при реализации Документа или намечаемой деятельности.

5. В ходе консультаций с затрагиваемыми сторонами могут быть организованы сбор замечаний и предложений заинтересованных органов и общественности затрагиваемых сторон в порядке и сроки, которые согласованы при проведении консультаций, а также участие заинтересованных органов и общественности затрагиваемых сторон в общественных слушаниях, проводимых по проекту Документа, отчету по стратегической экологической оценке и отчету о возможных воздействиях в соответствии с настоящим Кодексом и правилами проведения общественных слушаний.

6. Уполномоченный орган в области охраны окружающей среды обеспечивает рассмотрение и учет замечаний и предложений, полученных в ходе консультаций с затрагиваемыми сторонами, а также представленных заинтересованными органами и общественностью затрагиваемых сторон, при выполнении своих функций в процессе стратегической экологической оценки или оценки воздействия на окружающую среду.

Государственный орган – разработчик и инициатор при подготовке проекта Документа и отчета по стратегической экологической оценке либо отчета о возможных воздействиях обязаны рассмотреть и учесть результаты консультаций с затрагиваемыми сторонами, замечания и предложения заинтересованных органов и общественности затрагиваемых сторон.

Государственный орган, уполномоченный на утверждение Документа, обязан учесть результаты консультаций с затрагиваемыми сторонами, замечания и предложения заинтересованных органов и общественности затрагиваемых сторон при утверждении Документа.

7. Государственный орган – разработчик и инициатор обязаны представить уполномоченному органу в области охраны окружающей среды следующие документы и (или) информацию с нотариально засвидетельствованным переводом на язык, определенный в ходе консультаций с затрагиваемыми сторонами:

фрагменты экологического отчета в окончательной редакции и утвержденного Документа;

фрагменты решения по результатам оценки;

справку с пояснением о том, каким образом при подготовке отчета по стратегической экологической оценке, утверждении Документа или вынесении решения по результатам оценки были учтены результаты консультаций с затрагиваемыми сторонами, замечания и предложения заинтересованных органов и общественности затрагиваемых сторон, а также с указанием причин, по которым положения утвержденного Документа или решения по результатам оценки были выбраны из числа имевшихся альтернативных вариантов;

копию разрешения или талона о приеме уведомления, выданного или принятого государственным органом на основании решения о результатах оценки (в случае, если для осуществления намечаемой деятельности, подлежащей оценке воздействия на окружающую среду, необходимо получение разрешений или направление государственным органам уведомлений в соответствии с законодательством Республики Казахстан о разрешениях и уведомлениях).

Фрагменты документов, указанных в абзацах втором и третьем части первой настоящего пункта, определяются уполномоченным органом в области охраны окружающей среды.

8. Государственный орган – разработчик и инициатор обязаны представлять в уполномоченный орган в области охраны окружающей среды отчеты о послепроектном анализе (если необходимость его проведения установлена решением по результатам оценки или соглашением с затрагиваемой стороной) или отчеты о мониторинге существенных воздействий на окружающую среду при реализации Документа с нотариально засвидетельствованным переводом на язык, определенный в ходе консультаций с затрагиваемыми сторонами.

9. Уполномоченный орган в области охраны окружающей среды в течение пяти рабочих дней, следующих за днем представления документов, указанных в пунктах 7 и 8 настоящей статьи, направляет их в Министерство иностранных дел Республики Казахстан для дальнейшей передачи затрагиваемым сторонам, участвовавшим в оценке трансграничных воздействий.

10. В случае появления у государственного органа – разработчика, инициатора или заинтересованных органов Республики Казахстан дополнительной информации, влияющей на результаты оценки трансграничных воздействий, либо получения сообщения от затрагиваемой стороны о появлении у нее такой информации уполномоченный орган в области охраны окружающей среды проводит с затрагиваемой стороной консультации, в ходе которых стороны рассматривают вопрос о внесении соответствующих изменений в утвержденный Документ, решение по результатам оценки либо о принятии мер по устранению или снижению существенных негативных трансграничных воздействий.

Статья 83. Права и обязанности инициатора, государственного органа - разработчика и уполномоченного органа в области охраны окружающей среды при проведении оценки трансграничных воздействий

1. Инициатор и государственный орган – разработчик имеют право принимать участие в оценке трансграничных воздействий, включая консультации с затрагиваемыми сторонами.

2. Инициатор и государственный орган – разработчик несут ответственность за:

1) выявление возможных существенных негативных трансграничных воздействий на окружающую среду при реализации намечаемой деятельности или Документа;

2) отражение полной и обоснованной информации о возможных существенных негативных трансграничных воздействиях на окружающую среду в документах, представляемых для проведения скрининга воздействий Документа, определения сферы охвата отчета по стратегической экологической оценке, скрининга воздействий намечаемой деятельности, определения сферы охвата оценки воздействия на окружающую среду;

3) надлежащую оценку возможных существенных негативных трансграничных воздействий в отчете по стратегической экологической оценке или отчете о возможных воздействиях;

4) представление в уполномоченный орган в области охраны окружающей среды документов, предназначенных для передачи затрагиваемым сторонам, соответствующих требованиям настоящего Кодекса;

5) обеспечение переводческих услуг надлежащего качества в случае проведения общественных слушаний с участием представителей общественности затрагиваемых сторон;

6) содействие уполномоченному органу в области охраны окружающей среды при проведении оценки трансграничных воздействий;

7) учет результатов консультаций с затрагиваемыми сторонами, а также всех замечаний и предложений, представленных заинтересованными органами и общественностью затрагиваемых сторон, в том числе в ходе общественных слушаний, при подготовке отчета по стратегической экологической оценке, Документа и отчета о возможных воздействиях;

8) представление в уполномоченный орган в области охраны окружающей среды для последующей передачи затрагиваемым сторонам копии разрешения или талона о приеме уведомления, выданного или принятого государственным органом на основании решения по результатам оценки, с приложением нотариально засвидетельствованного перевода на язык, определенный в ходе консультаций Республики Казахстан с затрагиваемыми сторонами (в случае, если для осуществления намечаемой деятельности, подлежащей оценке воздействия на окружающую среду, необходимо получение разрешений или направление государственным органам уведомлений в соответствии с законодательством Республики Казахстан о разрешениях и уведомлениях).

3. Инициатор несет бремя затрат, связанных с проведением оценки трансграничных воздействий, если в соответствии с законодательством Республики Казахстан такие затраты не возмещаются за счет бюджета либо если в результате консультаций со стороной происхождения трансграничного воздействия не будет установлено, что такие затраты возмещает данная сторона происхождения.

4. Уполномоченный орган в области охраны окружающей среды обязан:

1) разместить все материалы, связанные с оценкой трансграничных воздействий, на официальном интернет-ресурсе и обеспечить их общедоступность;

2) передавать в Министерство иностранных дел Республики Казахстан документы, предназначенные для дальнейшей передачи затрагиваемым сторонам, в течение трех рабочих дней, следующих за днем их получения от инициатора или государственного органа – разработчика, если иной срок не предусмотрен настоящим Кодексом и не согласован в ходе консультаций с затрагиваемой стороной, участвующей в оценке трансграничных воздействий.

Статья 84. Участие Республики Казахстан в качестве затрагиваемой стороны в оценке трансграничных воздействий

1. В случае получения Республикой Казахстан уведомления иностранного государства о планировании деятельности или разработке Документа, реализация которых может оказать существенное негативное трансграничное воздействие на окружающую среду в Республике Казахстан, уполномоченный орган в области охраны окружающей среды организует участие Республики Казахстан в оценке трансграничных воздействий в качестве затрагиваемой стороны.

2. В течение двух рабочих дней, следующих за днем получения уведомления, указанного в пункте 1 настоящей статьи, уполномоченный орган в области охраны окружающей среды размещает на официальном интернет-ресурсе уведомление, а также приглашение общественности Республики Казахстан высказать свое мнение о необходимости проведения оценки трансграничных воздействий и представить замечания и предложения по вопросам, связанным с намечаемой деятельностью и разрабатываемым Документом.

3. При наличии оснований полагать, что осуществление деятельности или реализация Документа, намечаемые за пределами территории Республики Казахстан, может оказать существенное негативное трансграничное воздействие на окружающую среду на территории Республики Казахстан, Правительство Республики Казахстан по представлению уполномоченного органа в области охраны окружающей среды вправе направить государству происхождения такого трансграничного воздействия обращение с просьбой о проведении оценки трансграничных воздействий.

4. После начала оценки трансграничных воздействий уполномоченный орган в области охраны окружающей среды:

1) обеспечивает информирование заинтересованной общественности и местных исполнительных органов затрагиваемых территорий о проведении оценки трансграничных воздействий;

2) обеспечивает проведение общественных слушаний в соответствии со статьей 73 настоящего Кодекса;

3) проводит в рамках оценки трансграничных воздействий консультации с государством происхождения такого трансграничного воздействия.

5. Затраты на информирование общественности и местных исполнительных органов затрагиваемых территорий о проведении оценки трансграничных воздействий возмещаются из бюджета, если в результате консультаций со стороной происхождения трансграничного воздействия не будет установлено, что такие затраты возмещает сторона происхождения.

Глава 8. ЭКОЛОГИЧЕСКАЯ ЭКСПЕРТИЗА

Статья 85. Общие положения об экологической экспертизе в Республике Казахстан

1. Под экологической экспертизой понимается экспертная деятельность, направленная на установление соответствия документации, представленной на экологическую экспертизу, требованиям экологического законодательства Республики Казахстан и осуществляемая в целях предупреждения возможных существенных неблагоприятных воздействий реализации такой документации на здоровье населения и окружающую среду, а также обеспечения экологических основ устойчивого развития Республики Казахстан.

2. Под реализацией документации, представленной на экологическую экспертизу, в настоящем Кодексе понимаются утверждение соответствующей документации, начало и ход осуществления деятельности в соответствии с решениями, предусмотренными такой документацией, а в отношении проекта нормативного правового акта – принятие и введение в действие такого нормативного правового акта.

3. Настоящим Кодексом устанавливаются требования к проведению следующих видов экологической экспертизы:

1) государственной экологической экспертизы;

2) общественной экологической экспертизы.

Статья 86. Принципы экологической экспертизы

В дополнение к общим принципам, изложенным в статье 5 настоящего Кодекса, проведение экологической экспертизы основывается на следующих специальных принципах:

1) принцип независимости: эксперты при проведении экологической экспертизы свободны в своих оценках и выводах, руководствуются экологическим законодательством Республики Казахстан, фактами, научными принципами их обоснования;

2) принцип научной обоснованности и объективности: выводы экологической экспертизы должны быть аргументированными, соответствовать требованиям законодательства Республики Казахстан, уровню современного развития научных знаний и научно-технических достижений и базироваться на беспристрастном и объективном мнении экспертов.

Параграф 1. Государственная экологическая экспертиза

Статья 87. Объекты государственной экологической экспертизы

Обязательной государственной экологической экспертизе подлежат следующие объекты государственной экологической экспертизы:

1) проектная документация по строительству и (или) эксплуатации объектов I и II категорий и иные проектные документы, предусмотренные настоящим Кодексом для получения экологических разрешений;

2) проектная документация по строительству и (или) эксплуатации объектов III категории и иные проектные документы, предусмотренные настоящим Кодексом, необходимые при подготовке декларации о воздействии на окружающую среду;

3) разрабатываемые центральными государственными органами и органами местного государственного управления проекты нормативных правовых актов Республики Казахстан, реализация которых может привести к негативным воздействиям на окружающую среду;

4) проекты естественно-научных и технико-экономических обоснований по созданию и расширению особо охраняемых природных территорий, включая их функциональное зонирование и генеральные планы развития инфраструктуры, переводу земель особо охраняемых природных территорий в земли запаса, упразднению или уменьшению территорий государственных природных заказников республиканского и местного значения и государственных заповедных зон республиканского значения, планов управления природоохранной организацией, разрабатываемые в соответствии с Законом Республики Казахстан "Об особо охраняемых природных территориях";

5) материалы обследования территорий, обосновывающие отнесение этих территорий к зонам экологического бедствия или чрезвычайной экологической ситуации;

6) проекты хозяйственной деятельности, которая может оказывать воздействие на окружающую среду сопредельных государств или для осуществления которой необходимо использование общих с сопредельными государствами природных объектов либо которая затрагивает интересы сопредельных государств, в том числе по комплексу "Байконур", определенные международными договорами Республики Казахстан;

Порядок и механизм проведения оценки воздействия на окружающую среду в районах падения отделяющихся частей ракет-носителей определяются по методике, утвержденной уполномоченным органом в области охраны окружающей среды;

7) материалы комплексного экологического обследования земель, на которых в прошлом проводились испытания ядерного оружия, а также которые подверглись воздействию военных полигонов;

8) лесоустроительные проекты государственных лесовладений и лесоустройства и (или) специальных обследований для отнесения государственного лесного фонда к категориям, перевода из одной категории в другую, а также выделения особо защитных участков, на которых лесопользование запрещается или ограничивается;

9) проектные и иные документы для видов деятельности, не требующих экологического разрешения, для которых законами Республики Казахстан предусмотрено обязательное наличие положительного заключения государственной экологической экспертизы.

По объектам государственной экологической экспертизы, указанным в подпункте 1) настоящего пункта, государственная экологическая экспертиза проводится в рамках процедуры выдачи экологических разрешений и отдельное заключение государственной экологической экспертизы не выдается.

Сноска. Статья 87 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 88. Органы, осуществляющие государственную экологическую экспертизу

1. Государственная экологическая экспертиза организуется и проводится уполномоченным органом в области охраны окружающей среды в отношении:

1) проектной документации по строительству и (или) эксплуатации объектов I категории в рамках процедуры выдачи экологических разрешений, а также процедуры пересмотра комплексных экологических разрешений;

2) проектной документации по строительству и (или) эксплуатации объектов II категории в рамках процедуры выдачи комплексных экологических разрешений в случае их получения операторами в добровольном порядке;

3) объектов государственной экологической экспертизы, указанных в подпунктах 3) – 8) части первой статьи 87 настоящего Кодекса.

Компетенция уполномоченного органа в области охраны окружающей среды в отношении иных объектов государственной экологической экспертизы, предусмотренных законами Республики Казахстан, определяется правилами проведения государственной экологической экспертизы, утвержденными уполномоченным органом в области охраны окружающей среды (далее – правила проведения государственной экологической экспертизы).

Распределение функций и полномочий по проведению государственной экологической экспертизы между уполномоченным органом в области охраны окружающей среды, его структурными и территориальными подразделениями устанавливается уполномоченным органом в области охраны окружающей среды.

2. Государственная экологическая экспертиза организуется и проводится местными исполнительными органами областей, городов республиканского значения, столицы в отношении:

1) проектной документации по строительству и (или) эксплуатации объектов II категории в рамках процедуры выдачи экологических разрешений на воздействие;

2) проектной документации по строительству и (или) эксплуатации объектов III категории при подготовке декларации о воздействии на окружающую среду;

3) иных объектов государственной экологической экспертизы, предусмотренных законами Республики Казахстан, государственная экологическая экспертиза которых не входит в компетенцию уполномоченного органа в области охраны окружающей среды.

Статья 89. Порядок проведения государственной экологической экспертизы

1. Государственная экологическая экспертиза организуется и проводится в соответствии с настоящим Кодексом и правилами проведения государственной экологической экспертизы.

2. Документация на государственную экологическую экспертизу представляется в электронной форме в соответствии с правилами проведения государственной экологической экспертизы.

3. Сроки проведения государственной экологической экспертизы, процедура и сроки направления замечаний экспертов и устранения таких замечаний заявителем определяются в рамках:

1) процедуры выдачи комплексных экологических разрешений – статьей 115 настоящего Кодекса;

2) процедуры пересмотра комплексных экологических разрешений – статьей 118 настоящего Кодекса.

4. Сроки проведения государственной экологической экспертизы, процедура и сроки направления замечаний экспертов и устранения таких замечаний заявителем в рамках процедуры выдачи экологических разрешений на воздействие определяются статьей 123 настоящего Кодекса.

5. В отношении объектов, указанных в статье 87 настоящего Кодекса, за исключением подпунктов 1) и 2) статьи 87 настоящего Кодекса, сроки проведения государственной экологической экспертизы, процедура и сроки направления замечаний экспертов и устранения таких замечаний заявителем, основания для выдачи отрицательного заключения государственной экологической экспертизы определяются правилами проведения государственной экологической экспертизы.

6. В отношении объектов, указанных в подпункте 2) статьи 87 настоящего Кодекса, срок проведения государственной экологической экспертизы не должен превышать пятнадцать рабочих дней с момента представления пакета документов в соответствии с пунктом 2 настоящей статьи.

Местный исполнительный орган, выдающий заключение государственной экологической экспертизы, рассматривает документы на предмет их полноты и комплектности в срок не более трех рабочих дней со дня регистрации. В течение указанного срока заявление принимается к рассмотрению либо отклоняется в случае представления неполного пакета документов и (или) неполных сведений с указанием причин возврата такого заявления.

При наличии замечаний по проектам и прилагающимся к ним материалам, представляемым на государственную экологическую экспертизу, эксперты в течение семи рабочих дней направляют лицу, представившему их, такие замечания, которые устраняются заказчиком в течение трех рабочих дней со дня их получения.

В случае неустранения замечаний выдается отрицательное заключение государственной экологической экспертизы в сроки, определенные частью первой настоящего пункта.

В случае устранения ранее направленных замечаний выдается положительное заключение государственной экологической экспертизы.

Статья 90. Заключение государственной экологической экспертизы

1. Положительное заключение государственной экологической экспертизы содержит выводы о:

1) соответствии документации, представленной на государственную экологическую экспертизу, требованиям экологического законодательства Республики Казахстан;

2) допустимости принятия решения о реализации документации, представленной на государственную экологическую экспертизу.

2. В случае несоответствия документации, представленной на государственную экологическую экспертизу, требованиям экологического законодательства Республики Казахстан выносится отрицательное заключение государственной экологической экспертизы.

3. Реализация документации, представленной на государственную экологическую экспертизу, до получения положительного заключения обязательной государственной экологической экспертизы запрещается.

4. Заключение государственной экологической экспертизы подписывается руководителями ведомства уполномоченного органа в области охраны окружающей среды, его территориальных подразделений или местных исполнительных органов в пределах их компетенции, определенной в соответствии со статьей 88 настоящего Кодекса.

5. Аннулирование положительного заключения государственной экологической экспертизы осуществляется органом, его выдавшим, на основании письменного обращения или согласия лица, которому было выдано такое заключение.

6. При выявлении нарушения требований экологического законодательства Республики Казахстан лишение (отзыв) положительного заключения государственной экологической экспертизы осуществляется в судебном порядке.

Сноска. Статья 90 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 91. Права руководителей подразделений, осуществляющих государственную экологическую экспертизу

1. Руководители подразделений, осуществляющих государственную экологическую экспертизу, имеют право:

1) определять методы проведения государственной экологической экспертизы;

2) отклонять представленные на государственную экологическую экспертизу документы, не отвечающие требованиям экологического законодательства Республики Казахстан в части их полноты и комплектности;

3) направлять в соответствии с настоящим Кодексом аргументированные замечания к документам, представленным на государственную экологическую экспертизу, в том числе возвращать на доработку документы, содержащие ошибки в расчетах и другие несоответствия, исправление которых требует проведения дополнительных исследований, поисковых работ или иных мероприятий;

4) запрашивать необходимые для проведения государственной экологической экспертизы дополнительные материалы, представление которых регламентировано правилами проведения государственной экологической экспертизы;

5) создавать в соответствии с настоящим Кодексом экспертные советы государственной экологической экспертизы, возглавлять их и организовывать их деятельность;

6) привлекать в процессе проведения государственной экологической экспертизы внешних экспертов для проведения специальных исследований;

7) проводить контроль за деятельностью подразделений, осуществляющих государственную экологическую экспертизу, и создаваемых экспертных советов;

8) готовить и передавать соответствующие материалы правоохранительным и иным органам для решения вопросов о привлечении к ответственности лиц за нарушение требований экологического законодательства Республики Казахстан в части проведения государственной экологической экспертизы.

2. При организации и проведении государственной экологической экспертизы руководители подразделений, указанные в пункте 1 настоящей статьи, независимы и действуют в соответствии с законодательством Республики Казахстан.

3. Независимость руководителей подразделений обеспечивается положениями о них, утверждаемыми уполномоченным органом в области охраны окружающей среды, включающими условия, не противоречащие законодательству Республики Казахстан.

Статья 92. Эксперт государственной экологической экспертизы

1. Экспертом государственной экологической экспертизы является государственный служащий подразделения уполномоченного органа в области охраны окружающей среды, осуществляющего государственную экологическую экспертизу.

2. К проведению государственной экологической экспертизы не может быть привлечено лицо, состоящее в близком родстве или свойстве с руководителями заказчика или разработчика объекта государственной экологической экспертизы.

3. Эксперт государственной экологической экспертизы несет ответственность за выполненную им экспертизу в соответствии с законами Республики Казахстан.

4. Запрещается вмешательство государственных органов, физических, юридических и должностных лиц в деятельность эксперта государственной экологической экспертизы, связанную с проведением государственной экологической экспертизы.

5. Нарушенные права эксперта государственной экологической экспертизы подлежат защите, а лица, виновные в таком нарушении, несут ответственность в соответствии с законами Республики Казахстан.

6. Эксперт государственной экологической экспертизы имеет право:

1) запрашивать в пределах срока проведения государственной экологической экспертизы необходимые для ее проведения дополнительные материалы, представление которых регламентировано правилами проведения государственной экологической экспертизы, в целях всесторонней и объективной оценки документации, представленной на государственную экологическую экспертизу;

2) инициировать в процессе проведения государственной экологической экспертизы привлечение внешних экспертов для проведения специальных исследований;

3) вносить руководителю подразделения, осуществляющего государственную экологическую экспертизу, предложения по совершенствованию организации работы государственной экологической экспертизы, методологии, порядку и принципам ее проведения;

4) формировать особое мнение по документации, представленной на государственную экологическую экспертизу, которое прилагается к заключению государственной экологической экспертизы. Особое мнение, сформированное экспертом, носит исключительно информативный характер и не является обязательным для соблюдения при реализации документации, представленной на государственную экологическую экспертизу.

7. Эксперт государственной экологической экспертизы обязан:

1) обеспечивать комплексное, объективное и качественное проведение государственной экологической экспертизы;

2) проводить государственную экологическую экспертизу с соблюдением требований экологического законодательства Республики Казахстан;

3) соблюдать установленные сроки и порядок проведения государственной экологической экспертизы;

4) готовить аргументированные заключения государственной экологической экспертизы и своевременно передавать их органам, принимающим решение о реализации документации, представленной на государственную экологическую экспертизу, и заказчикам;

5) аргументированно обосновывать направляемые замечания к документам, представленным на государственную экологическую экспертизу, с указанием конкретных норм и требований экологического законодательства Республики Казахстан и (или) выводов заключения по результатам оценки воздействия на окружающую среду, если в соответствии с настоящим Кодексом требуется проведение обязательной оценки воздействия на окружающую среду;

6) обеспечивать сохранность документации, представленной на государственную экологическую экспертизу, и согласовывать свои действия в отношении конфиденциальных документов с лицом, их представившим, не допускать разглашения вверенных ему сведений.

Статья 93. Привлечение внешних экспертов в процессе проведения государственной экологической экспертизы

1. Если в процессе проведения государственной экологической экспертизы требуются специальные знания, которые отсутствуют у экспертов государственной экологической экспертизы, органы, осуществляющие государственную экологическую экспертизу, имеют право обратиться за экспертными заключениями в иные государственные органы и организации, а также к отдельным национальным и международным экспертам, обладающим соответствующими знаниями и опытом.

2. Привлечение внешних экспертов осуществляется в соответствии с законодательством Республики Казахстан о государственных закупках.

Статья 94. Экспертные советы государственной экологической экспертизы

1. При уполномоченном органе в области охраны окружающей среды создаются экспертные советы государственной экологической экспертизы, являющиеся постоянными консультативно-совещательными органами, действующие в соответствии с положениями о них.

2. Положения об экспертных советах государственной экологической экспертизы уполномоченного органа в области охраны окружающей среды, их персональные составы утверждаются руководителем ведомства уполномоченного органа в области охраны окружающей среды и руководителями его территориальных органов.

3. Членами экспертных советов государственной экологической экспертизы могут быть должностные лица государственных органов, функции которых связаны с охраной окружающей среды, ученые научно-исследовательских учреждений, высших учебных заведений, специалисты-практики и представители общественности.

4. К ведению экспертных советов государственной экологической экспертизы относится:

1) обсуждение проблем обеспечения экологической безопасности, вопросов охраны окружающей среды, использования и воспроизводства природных ресурсов при проведении государственной экологической экспертизы;

2) рассмотрение проектов заключений государственной экологической экспертизы в отношении объектов повышенной экологической опасности.

Статья 95. Гласность государственной экологической экспертизы

1. Гласность государственной экологической экспертизы и участие общественности в принятии решений по вопросам охраны окружающей среды и использования природных ресурсов обеспечиваются путем проведения общественных слушаний.

2. Заинтересованной общественности предоставляется возможность выразить свое мнение в период проведения государственной экологической экспертизы.

3. Заключение государственной экологической экспертизы должно быть размещено на интернет-ресурсе уполномоченного органа в области охраны окружающей среды или его территориального подразделения в течение пяти рабочих дней после его выдачи и находиться в открытом доступе не менее тридцати рабочих дней с даты его размещения.

4. Заинтересованная общественность вправе оспорить заключение государственной экологической экспертизы в порядке, установленном законодательством Республики Казахстан.

Статья 96. Проведение общественных слушаний

1. Проведение общественных слушаний до начала или в процессе осуществления государственной экологической экспертизы является обязательным.

В случае завершения общественных слушаний до начала процесса проведения государственной экологической экспертизы заявление на проведение государственной экологической экспертизы или заявление на выдачу экологического разрешения должно быть направлено в уполномоченный орган в области охраны окружающей среды не позднее шести месяцев с даты подписания протокола общественных слушаний.

2. Общественные слушания в рамках государственной экологической экспертизы проводятся в соответствии с правилами проведения общественных слушаний.

3. При повторной подаче в уполномоченный орган в области охраны окружающей среды заявления на государственную экологическую экспертизу после получения отказа в выдаче экологического разрешения (в случае, предусмотренном частью второй статьи 87 настоящего Кодекса) или отрицательного заключения государственной экологической экспертизы повторное проведение общественных слушаний не требуется, за исключением следующих случаев:

1) если повторно подаваемое заявление и (или) прилагаемые документы предполагают существенные изменения в намечаемую деятельность, предусмотренные пунктом 2 статьи 65 настоящего Кодекса, которые ранее не были рассмотрены на общественных слушаниях;

2) если в протоколе ранее проведенных общественных слушаний имеются замечания и (или) предложения общественности, не снятые их авторами в ходе проведения таких общественных слушаний;

3) если при проведении общественных слушаний были допущены нарушения требований экологического законодательства Республики Казахстан к порядку проведения общественных слушаний.

Сноска. Статья 96 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 97. Порядок рассмотрения разногласий при проведении государственной экологической экспертизы

1. Разногласия при проведении государственной экологической экспертизы рассматриваются путем переговоров либо в судебном порядке.

2. Путем переговоров разногласия по вопросам государственной экологической экспертизы рассматриваются уполномоченным органом в области охраны окружающей среды по обращению любой из заинтересованных сторон.

Параграф 2. Общественная экологическая экспертиза

Статья 98. Общественная экологическая экспертиза

1. Общественная экологическая экспертиза проводится на добровольных началах экспертными комиссиями, создаваемыми некоммерческими организациями.

2. Общественная экологическая экспертиза рассматривает любую деятельность на предмет соблюдения общественных интересов по сохранению окружающей среды, благоприятной для жизни и (или) здоровья людей.

3. Инициаторами общественной экологической экспертизы могут выступать физические и юридические лица.

Статья 99. Организатор общественной экологической экспертизы

1. Организатором общественной экологической экспертизы признается некоммерческая организация, от лица которой подается уведомление о проведении общественной экологической экспертизы и принимаются меры по организации деятельности экспертной комиссии.

2. Организатор общественной экологической экспертизы имеет право:

1) запрашивать у лица, чья деятельность является объектом общественной экологической экспертизы, документы и материалы, необходимые для проведения общественной экологической экспертизы;

2) создавать экспертную комиссию для проведения общественной экологической экспертизы;

3) представлять в государственные органы, органы местного самоуправления, должностным лицам, физическим и юридическим лицам заключение общественной экологической экспертизы.

3. Организатор общественной экологической экспертизы обязан:

1) организовать общественную экологическую экспертизу в соответствии с требованиями настоящего Кодекса;

2) обеспечить информирование общественности о ходе и результатах общественной экологической экспертизы и учет общественного мнения при подготовке заключения общественной экологической экспертизы;

3) обеспечить гласность заключения общественной экологической экспертизы для общественности.

Статья 100. Эксперты общественной экологической экспертизы

1. Экспертом общественной экологической экспертизы является физическое лицо, обладающее научными и (или) практическими знаниями по рассматриваемому вопросу и привлеченное организатором общественной экологической экспертизы к проведению такой экспертизы.

2. Экспертом общественной экологической экспертизы не может быть:

1) представитель лица, чья деятельность является объектом общественной экологической экспертизы;

2) представитель составителя отчета о возможных воздействиях;

3) физическое лицо, состоящее в трудовых или иных договорных отношениях с лицом, чья деятельность является объектом общественной экологической экспертизы, или составителем отчета о возможных воздействиях;

4) представитель юридического лица, состоящего в договорных отношениях с лицом, чья деятельность является объектом общественной экологической экспертизы, или составителем отчета о возможных воздействиях.

3. Эксперт общественной экологической экспертизы участвует в ее проведении в соответствии с законодательством Республики Казахстан и заданием, выданным организатором общественной экологической экспертизы.

4. Эксперт общественной экологической экспертизы при проведении общественной экологической экспертизы имеет право выражать особое мнение по объекту общественной экологической экспертизы, которое прилагается к заключению общественной экологической экспертизы.

5. Эксперт общественной экологической экспертизы обязан:

1) соблюдать требования экологического законодательства Республики Казахстан;

2) обеспечивать объективность и обоснованность выводов заключения по объекту общественной экологической экспертизы, а также учет замечаний и предложений по объекту общественной экологической экспертизы от заинтересованной общественности;

3) обеспечивать сохранность материалов и конфиденциальность сведений, представленных на общественную экологическую экспертизу, а также не допускать нарушения прав интеллектуальной собственности.

Статья 101. Права и обязанности лица, чья деятельность является объектом общественной экологической экспертизы

1. Лицо, чья деятельность является объектом общественной экологической экспертизы, имеет право:

1) на защиту охраняемых законом конфиденциальных сведений, содержащихся в документации по намечаемой и осуществляемой деятельности;

2) получать информацию и иметь доступ к информации о ходе и результатах проведения общественной экологической экспертизы;

3) участвовать в общественных слушаниях и иных мероприятиях, проводимых в рамках общественной экологической экспертизы;

4) представлять свои разъяснения и комментарии к заключению общественной экологической экспертизы.

2. Лицо, чья деятельность является объектом общественной экологической экспертизы, обязано представить:

1) документы и материалы, необходимые для проведения общественной экологической экспертизы;

2) письменный ответ в уполномоченный орган в области охраны окружающей среды на рекомендации, изложенные в заключении общественной экологической экспертизы.

Статья 102. Финансирование общественной экологической экспертизы

Финансирование общественной экологической экспертизы осуществляется за счет:

1) собственных средств некоммерческих организаций, которые организуют и (или) проводят общественную экологическую экспертизу;

2) иных источников, не запрещенных законами Республики Казахстан.

Статья 103. Уведомление о проведении общественной экологической экспертизы

1. Общественная экологическая экспертиза осуществляется при условии направления уведомления организатором экспертизы о ее проведении.

2. Уведомление о проведении общественной экологической экспертизы подается ее организатором в местные исполнительные органы, на территории которых намечается деятельность объекта экологической экспертизы.

3. В уведомлении о проведении общественной экологической экспертизы должны быть указаны:

1) наименование, юридический адрес организатора общественной экологической экспертизы;

2) характер деятельности, предусмотренной уставом организатора общественной экологической экспертизы;

3) сведения о составе экспертной комиссии общественной экологической экспертизы;

4) сведения об объекте общественной экологической экспертизы;

5) срок проведения общественной экологической экспертизы, который не может превышать двадцать пять рабочих дней.

4. Проведение общественной экологической экспертизы не допускается, если:

1) общественная экологическая экспертиза ранее была дважды проведена в отношении данного объекта;

2) объект общественной экологической экспертизы содержит сведения, составляющие государственную, коммерческую и иную охраняемую законом тайну;

3) устав организатора общественной экологической экспертизы не предусматривает деятельности данной некоммерческой организации по проведению общественной экологической экспертизы.

Статья 104. Заключение общественной экологической экспертизы

1. Результаты общественной экологической экспертизы оформляются в виде заключения общественной экологической экспертизы, которое носит рекомендательный характер.

2. Заключение общественной экологической экспертизы должно содержать:

1) наименование и юридический адрес организатора экологической экспертизы;

2) фамилию, имя, отчество (если оно указано в документе, удостоверяющем личность) или полное наименование лица, чья деятельность является объектом общественной экологической экспертизы, наименование и место нахождения объекта общественной экологической экспертизы;

3) сведения о направлении уведомления о проведении общественной экологической экспертизы в местный исполнительный орган;

4) сроки проведения общественной экологической экспертизы;

5) перечень документов, представленных на общественную экологическую экспертизу, а также перечень иных документов, использованных в процессе ее проведения;

6) состав членов экспертной комиссии общественной экологической экспертизы;

7) изложение результатов общественной экологической экспертизы;

8) описание задания по проведению общественной экологической экспертизы, определенного организатором общественной экологической экспертизы;

9) описание процесса общественной экологической экспертизы, в том числе взаимодействия с общественностью, лицом, чья деятельность является объектом общественной экологической экспертизы, и иными заинтересованными сторонами;

10) выводы общественной экологической экспертизы.

3. Выводы общественной экологической экспертизы должны содержать заключение о соответствии объекта общественной экологической экспертизы требованиям экологического законодательства Республики Казахстан.

4. Заключение общественной экологической экспертизы подписывается уполномоченным представителем организатора общественной экологической экспертизы, председателем и членами экспертной комиссии.

5. Заключение общественной экологической экспертизы направляется:

1) в местный исполнительный орган, в который ранее было направлено соответствующее уведомление о проведении общественной экологической экспертизы;

2) в орган, осуществляющий государственную экологическую экспертизу данного объекта или выдавший в его отношении экологическое разрешение;

3) лицу, чья деятельность является объектом общественной экологической экспертизы;

4) в государственные органы, принимающие решения о реализации объекта общественной экологической экспертизы;

5) в средства массовой информации.

Статья 105. Использование результатов общественной экологической экспертизы

1. Лицо, чья деятельность является объектом общественной экологической экспертизы, обязано в месячный срок со дня получения заключения общественной экологической экспертизы рассмотреть выводы и рекомендации, содержащиеся в нем, и направить свои комментарии в уполномоченный орган в области охраны окружающей среды, а также организатору общественной экологической экспертизы.

2. Заключение общественной экологической экспертизы должно быть рассмотрено при проведении государственной экологической экспертизы. Результаты такого рассмотрения должны быть направлены организатору общественной экологической экспертизы и в уполномоченный орган в области охраны окружающей среды.

3. Заключение общественной экологической экспертизы может быть также учтено при принятии решений местными исполнительными органами, финансовыми организациями и лицом, чья деятельность является объектом общественной экологической экспертизы, при реализации соответствующей деятельности.

4. Результаты общественной экологической экспертизы могут быть также учтены при проведении комплексной вневедомственной экспертизы проектов (проектно-сметной документации), предназначенных для строительства новых или реконструкции (расширения, технического перевооружения, модернизации), капитального ремонта существующих зданий и сооружений, их комплексов, инженерных и транспортных коммуникаций, консервации незавершенных объектов и постутилизации (сноса) объектов, выработавших свой ресурс.

Глава 9. ЭКОЛОГИЧЕСКИЕ РАЗРЕШЕНИЯ

Статья 106. Общие положения

1. Экологическое разрешение – документ, удостоверяющий право индивидуальных предпринимателей и юридических лиц на осуществление негативного воздействия на окружающую среду и определяющий экологические условия осуществления деятельности.

Под экологическими условиями понимаются индивидуальные требования, предъявляемые к строительству и эксплуатации объектов I и II категорий в целях обеспечения соблюдения применимых к такой деятельности экологических требований, установленных экологическим законодательством Республики Казахстан, а также выводов, содержащихся в заключениях по результатам оценки воздействия на окружающую среду.

Запрещается включение в экологические разрешения условий, которые не направлены на обеспечение охраны окружающей среды.

2. Оператор, получивший экологическое разрешение, а также физические и юридические лица, привлеченные оператором объекта для выполнения отдельных работ и (или) оказания отдельных услуг на территории соответствующего объекта I или II категории при его строительстве, реконструкции или эксплуатации, обязаны соблюдать условия такого экологического разрешения и несут ответственность за их несоблюдение в соответствии с законами Республики Казахстан. Получение такими физическими и юридическими лицами отдельного экологического разрешения для выполнения работ и (или) оказания услуг на территории соответствующего объекта I или II категории не требуется.

3. Экологическое разрешение выдается на эксплуатацию каждого отдельного объекта I и II категорий и (или) проведение строительно-монтажных работ I и II категорий, работ по рекультивации и (или) ликвидации I и II категорий.

4. В Республике Казахстан выдаются следующие виды экологических разрешений:

1) комплексное экологическое разрешение;

2) экологическое разрешение на воздействие.

5. Строительство и эксплуатация объектов I и II категорий без соответствующего экологического разрешения запрещаются.

6. Выбросы парниковых газов не являются предметом экологических разрешений, за исключением выбросов веществ, определенных в качестве загрязняющих в соответствии с настоящим Кодексом.

7. Экологическое разрешение не требуется:

для осуществления деятельности по строительству и эксплуатации объектов III и IV категорий, за исключением случаев, когда они размещаются в пределах промышленной площадки объекта I или II категории и технологически связаны с ним;

для проведения в пределах промышленной площадки объекта I или II категории строительно-монтажных работ и работ по рекультивации и (или) ликвидации, отнесенных к III или IV категории в соответствии с инструкцией по определению категории объекта, оказывающего негативное воздействие на окружающую среду.

Деятельность по эксплуатации объектов III категории может осуществляться при условии подачи декларации о воздействии на окружающую среду в соответствии со статьей 110 настоящего Кодекса.

Правила выдачи экологических разрешений, представления декларации о воздействии на окружающую среду утверждаются уполномоченным органом в области охраны окружающей среды (далее – правила выдачи экологических разрешений).

8. Уполномоченный орган в области охраны окружающей среды и местные исполнительные органы областей, городов республиканского значения, столицы ведут реестр экологических разрешений и деклараций о воздействии на окружающую среду в порядке, определяемом уполномоченным органом в области охраны окружающей среды.

Статья 106 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 107. Действие экологического разрешения и декларации о воздействии на окружающую среду при смене оператора объекта

1. В случае смены оператора объекта в результате отчуждения объекта или его передачи в иное законное пользование другому лицу, реорганизации оператора объекта путем выделения, разделения или присоединения или в других случаях универсального правопреемства ранее выданное экологическое разрешение или представленная декларация о воздействии на окружающую среду сохраняет свою силу и становится обязательным (обязательной) для нового оператора объекта.

2. В течение десяти рабочих дней с даты наступления обстоятельств, указанных в пункте 1 настоящей статьи, новый оператор обязан подать в уполномоченный орган в области охраны окружающей среды заявление на переоформление экологического разрешения в соответствии со статьей 108 настоящего Кодекса.

Статья 108. Порядок переоформления экологического разрешения

1. Переоформление экологического разрешения осуществляется в течение пяти рабочих дней в случаях:

1) изменения наименования, изменения организационно-правовой формы оператора объекта, на который выдано экологическое разрешение;

2) указанных в статье 107 настоящего Кодекса.

2. Переоформление экологического разрешения осуществляется на основании заявления на переоформление разрешения.

В случае переоформления экологического разрешения по основанию, предусмотренному подпунктом 2) пункта 1 настоящей статьи, к заявлению должна быть приложена копия правоустанавливающего документа, подтверждающего смену оператора объекта.

Статья 109. Приостановление действия, лишение (отзыв) и аннулирование экологического разрешения

1. Приостановление действия и лишение (отзыв) экологического разрешения осуществляются по основаниям и в порядке, которые предусмотрены законами Республики Казахстан.

Примечание ИЗПИ!
В пункт 2 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. Орган, выдавший экологическое разрешение, аннулирует экологическое разрешение при получении соответствующего письменного обращения оператора объекта или со дня вступления в действие нового экологического разрешения.

Статья 110. Декларация о воздействии на окружающую среду

1. Лица, осуществляющие деятельность на объектах III категории (далее – декларант), представляют в местный исполнительный орган соответствующей административно-территориальной единицы декларацию о воздействии на окружающую среду.

2. Декларация о воздействии на окружающую среду представляется в письменной форме или в форме электронного документа, подписанного электронной цифровой подписью.

3. Декларация о воздействии на окружающую среду должна содержать следующие сведения:

1) наименование, организационно-правовую форму, бизнес-идентификационный номер и адрес (место нахождения) юридического лица или фамилию, имя, отчество (если оно указано в документе, удостоверяющем личность), индивидуальный идентификационный номер, место жительства индивидуального предпринимателя;

2) наименование и краткую характеристику объекта;

3) вид основной деятельности, виды и объем производимой продукции, выполняемых работ, оказываемых услуг;

4) декларируемое количество выбросов загрязняющих веществ, количество и виды отходов (образовываемых, накапливаемых и передаваемых специализированным организациям по управлению отходами);

5) для намечаемой деятельности – номер и дату выдачи положительного заключения государственной экологической экспертизы для объектов III категории.

4. Декларация о воздействии на окружающую среду представляется:

1) перед началом намечаемой деятельности;

2) после начала осуществления деятельности – в случае существенного изменения технологических процессов основных производств, качественных и количественных характеристик выбросов загрязняющих веществ и стационарных источников, отходов (образовываемых, накапливаемых и передаваемых специализированным организациям по управлению отходами).

5. В случае существенного изменения технологических процессов, качественных и количественных характеристик выбросов загрязняющих веществ и стационарных источников, отходов (образовываемых, накапливаемых и передаваемых специализированным организациям по управлению отходами) декларант обязан в течение трех месяцев с даты внесения соответствующих существенных изменений представить новую декларацию о воздействии на окружающую среду.

6. Форма декларации о воздействии на окружающую среду и порядок ее заполнения устанавливаются правилами выдачи экологических разрешений.

7. За непредставление декларации о воздействии на окружающую среду и (или) предоставление недостоверной информации, содержащейся в этой декларации, лица несут ответственность, установленную законами Республики Казахстан.

8. Местные исполнительные органы ежеквартально до 5 числа месяца, следующего за отчетным периодом, направляют в территориальное подразделение уполномоченного органа в области охраны окружающей среды сводные данные по принятым декларациям о воздействии на окружающую среду по форме, утвержденной уполномоченным органом в области охраны окружающей среды.

Сноска. Статья 110 с изменением, внесенным Законом РК от 02.10.2023 № 31-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Параграф 1. Комплексное экологическое разрешение

Статья 111. Общие положения о комплексном экологическом разрешении

1. Наличие комплексного экологического разрешения обязательно для объектов I категории.

2. Операторы иных объектов, не указанных в пункте 1 настоящей статьи, вправе в добровольном порядке получить комплексное экологическое разрешение при наличии утвержденных Правительством Республики Казахстан заключений по наилучшим доступным техникам для соответствующего технологического процесса или отрасли производства.

3. Комплексные экологические разрешения выдаются уполномоченным органом в области охраны окружающей среды.

В случае, предусмотренном пунктом 3 статьи 115 настоящего Кодекса, комплексное экологическое разрешение выдается уполномоченным органом в области охраны окружающей среды по согласованию с соответствующими государственными органами.

4. Комплексное экологическое разрешение действует бессрочно, за исключением случая, предусмотренного частью третьей настоящего пункта.

Оператор объекта, в отношении которого выдано комплексное экологическое разрешение, в случае утверждения нового заключения по наилучшим доступным техникам, устанавливающего требования, которым такой объект не соответствует, обязан подать заявление на пересмотр комплексного экологического разрешения в соответствии с пунктом 2 статьи 118 настоящего Кодекса.

В случае, указанном в части второй настоящего пункта, действие ранее выданного комплексного экологического разрешения прекращается по истечении одного года после даты утверждения такого заключения по наилучшим доступным техникам, если такое комплексное экологическое разрешение не было пересмотрено в указанный срок.

Статья 112. Содержание комплексного экологического разрешения

1. Комплексное экологическое разрешение представляет собой документ установленного образца, содержащий:

1) сведения о его обладателе (операторе), объекте и осуществляемых на нем видах деятельности;

2) экологические условия осуществления деятельности, в том числе:

технологические нормативы;

нормативы эмиссий в окружающую среду;

нормативы допустимых физических воздействий на природную среду;

лимиты накопления отходов, лимиты захоронения отходов (при наличии собственного полигона);

лимиты размещения серы в открытом виде на серных картах (при проведении операций по разведке и (или) добыче углеводородов);

лимиты на специальное водопользование в соответствии с Водным кодексом Республики Казахстан в случае, если деятельность включает специальное водопользование;

мероприятия по повышению энергоэффективности и энергосбережению;

программу управления отходами;

действия и меры по эксплуатации объекта в ситуациях, представляющих опасность для окружающей среды;

программу производственного экологического контроля, в том числе требования по проведению производственного мониторинга, включая мониторинг состояния почв и подземных вод и автоматизированный мониторинг эмиссий;

необходимые условия и меры по предотвращению загрязнения почв и подземных вод, а также требования по регулярному наблюдению и контролю за соблюдением таких условий и мер в целях предотвращения утечек, разливов, аварий и иных нештатных ситуаций в процессе использования оборудования или при хранении отходов и иных опасных веществ;

для действующих объектов I категории при невозможности соблюдения ими технологических показателей, связанных с применением наилучших доступных техник, – проект программы повышения экологической эффективности;

иные требования по охране окружающей среды, указанные в заключении об оценке воздействия на окружающую среду;

3) обоснование причин принятия решения о выдаче комплексного экологического разрешения.

2. Формы бланков комплексного экологического разрешения и порядок их заполнения устанавливаются правилами выдачи экологических разрешений.

Статья 113. Наилучшие доступные техники

1. Под наилучшими доступными техниками понимается наиболее эффективная и передовая стадия развития видов деятельности и методов их осуществления, которая свидетельствует об их практической пригодности для того, чтобы служить основой установления технологических нормативов и иных экологических условий, направленных на предотвращение или, если это практически неосуществимо, минимизацию негативного антропогенного воздействия на окружающую среду. При этом:

1) под техниками понимаются как используемые технологии, так и способы, методы, процессы, практики, подходы и решения, применяемые к проектированию, строительству, обслуживанию, эксплуатации, управлению и выводу из эксплуатации объекта;

2) техники считаются доступными, если уровень их развития позволяет внедрить такие техники в соответствующем секторе производства на экономически и технически возможных условиях, принимая во внимание затраты и выгоды, вне зависимости от того, применяются ли или производятся ли такие техники в Республике Казахстан, и лишь в той мере, в какой они обоснованно доступны для оператора объекта;

3) под наилучшими понимаются те доступные техники, которые наиболее действенны в достижении высокого общего уровня охраны окружающей среды как единого целого.

2. Применение наилучших доступных техник направлено на комплексное предотвращение загрязнения окружающей среды, минимизацию и контроль негативного антропогенного воздействия на окружающую среду.

Под областями применения наилучших доступных техник понимаются отдельные отрасли экономики, виды деятельности, технологические процессы, технические, организационные или управленческие аспекты ведения деятельности, для которых в соответствии с настоящим Кодексом определяются наилучшие доступные техники. Области применения наилучших доступных техник определяются в приложении 3 к настоящему Кодексу.

3. Наилучшие доступные техники определяются на основании сочетания следующих критериев:

1) использование малоотходной технологии;

2) использование менее опасных веществ;

3) способствование восстановлению и рециклингу веществ, образующихся и используемых в технологическом процессе, а также отходов, насколько это применимо;

4) сопоставимость процессов, устройств и операционных методов, успешно испытанных на промышленном уровне;

5) технологические прорывы и изменения в научных знаниях;

6) природа, влияние и объемы соответствующих эмиссий в окружающую среду;

7) даты ввода в эксплуатацию для новых и действующих объектов;

8) продолжительность сроков, необходимых для внедрения наилучшей доступной техники;

9) уровень потребления и свойства сырья и ресурсов (включая воду), используемых в процессах, и энергоэффективность;

10) необходимость предотвращения или сокращения до минимума общего уровня негативного воздействия эмиссий на окружающую среду и рисков для окружающей среды;

11) необходимость предотвращения аварий и сведения до минимума негативных последствий для окружающей среды;

12) информация, опубликованная международными организациями;

13) промышленное внедрение на двух и более объектах в Республике Казахстан или за ее пределами.

4. В качестве наилучшей доступной техники не могут быть определены технологические процессы, технические, управленческие и организационные способы, методы, подходы и практики, при применении которых предотвращение или сокращение негативного воздействия на один или несколько компонентов природной среды достигается за счет увеличения негативного воздействия на другие компоненты природной среды.

5. Заключения по наилучшим доступным техникам утверждаются Правительством Республики Казахстан на основании справочников по наилучшим доступным техникам. Заключения по наилучшим доступным техникам включают следующие положения:

1) выводы по наилучшим доступным техникам;

2) описание наилучших доступных техник;

3) информацию, необходимую для оценки применимости наилучших доступных техник;

4) уровни эмиссий, связанные с применением наилучших доступных техник;

5) иные технологические показатели, связанные с применением наилучших доступных техник, в том числе уровни потребления энергетических, водных и иных ресурсов;

6) требования по мониторингу, связанные с применением наилучших доступных техник;

7) требования по ремедиации.

Уровни эмиссий, связанные с применением наилучших доступных техник, определяются как диапазон уровней эмиссий (концентраций загрязняющих веществ), которые могут быть достигнуты при нормальных условиях эксплуатации объекта с применением одной или нескольких наилучших доступных техник, описанных в заключении по наилучшим доступным техникам, с учетом усреднения за определенный период времени и при определенных условиях. В заключениях по наилучшим доступным техникам также приводится описание условий, при которых могут быть достигнуты уровни эмиссий на нижней границе диапазона.

Иные технологические показатели, связанные с применением наилучших доступных техник, в том числе уровни потребления энергетических, водных и иных ресурсов, определяются как диапазон значений, которые могут быть достигнуты при нормальных условиях эксплуатации объекта с применением одной или нескольких наилучших доступных техник, описанных в заключении по наилучшим доступным техникам.

6. Правительство Республики Казахстан определяет порядок разработки, применения, мониторинга и пересмотра справочников по наилучшим доступным техникам (далее – правила разработки, применения, мониторинга и пересмотра справочников по наилучшим доступным техникам) и утверждает справочники по наилучшим доступным техникам.

Справочники по наилучшим доступным техникам разрабатываются на основе следующих принципов:

1) открытости и прозрачности процесса разработки справочников по наилучшим доступным техникам на основе участия и паритета интересов всех заинтересованных сторон;

2) обязательности участия представителей общественности, независимых отечественных и зарубежных экспертов, обладающих необходимыми знаниями и опытом по соответствующим областям применения наилучших доступных техник;

3) ориентированности на наилучший мировой опыт;

4) цикличности, динамичности и опережающего развития;

5) широкого охвата общественного мнения, в том числе обязательности проведения общественных слушаний;

6) необходимости достижения консенсуса всех заинтересованных сторон.

Первым этапом разработки и (или) пересмотра справочников по наилучшим доступным техникам является проведение комплексного технологического аудита, правила проведения которого включаются в правила разработки, применения, мониторинга и пересмотра справочников по наилучшим доступным техникам.

Комплексный технологический аудит представляет собой процесс экспертной оценки применяемых на предприятиях техник (технологий, способов, методов, процессов, практики, подходов и решений), направленных на предотвращение и (или) минимизацию негативного антропогенного воздействия на окружающую среду, в том числе путем сбора соответствующих сведений и (или) посещений объектов, подпадающих под области применения наилучших доступных техник.

Комплексный технологический аудит и мониторинг внедренных наилучших доступных техник на предмет результативности и актуальности проводятся организацией, осуществляющей функции Бюро по наилучшим доступным техникам.

7. Организация, осуществляющая функции Бюро по наилучшим доступным техникам, является подведомственной организацией уполномоченного органа в области охраны окружающей среды.

В задачи Бюро по наилучшим доступным техникам входят:

1) осуществление взаимодействия с уполномоченным органом в области охраны окружающей среды и иными государственными органами по вопросам разработки и актуализации справочников по наилучшим доступным техникам;

2) информационно-аналитическое обеспечение процесса разработки справочников по наилучшим доступным техникам и внедрения наилучших доступных техник;

3) информирование заинтересованных государственных органов, организаций и общественности по вопросам разработки справочников по наилучшим доступным техникам и предоставление им консультационной поддержки в области наилучших доступных техник;

4) участие в подготовке предложений по совершенствованию нормативных правовых актов в области наилучших доступных техник;

5) обеспечение организационной, методической и экспертно-аналитической поддержки деятельности уполномоченного органа в области охраны окружающей среды и технических рабочих групп по вопросам разработки справочников по наилучшим доступным техникам, по трансферу современных технологий и их адаптации в Республике Казахстан.

8. Справочники по наилучшим доступным техникам содержат:

1) общую информацию о конкретной области применения, включая описание отрасли, части отрасли, вида деятельности, технологических процессов и техник;

2) описание основных экологических проблем, характерных для области применения, включая текущие уровни эмиссий, а также потребления энергетических и водных ресурсов;

3) методологию определения наилучшей доступной техники;

4) описание существующих техник для конкретной области применения, которые предлагаются для рассмотрения в целях определения наилучших доступных техник;

5) методы, применяемые при осуществлении технологических процессов для снижения их негативного воздействия на окружающую среду и не требующие технического переоснащения, реконструкции объекта, оказывающего негативное воздействие на окружающую среду;

6) оценку преимуществ внедрения наилучшей доступной техники для окружающей среды;

7) данные об ограничениях в применении наилучшей доступной техники;

8) экономические показатели, характеризующие наилучшую доступную технику;

9) информацию о новейших техниках, в отношении которых проводятся научно-исследовательские и опытно-конструкторские работы или осуществляется их опытно-промышленное внедрение;

10) иные сведения, имеющие значение для практического применения наилучшей доступной техники;

11) заключение, содержащее выводы по наилучшим доступным техникам, включая технологические показатели, связанные с применением таких наилучших доступных техник;

12) дополнительные комментарии и рекомендации технической рабочей группы для дальнейшей работы над справочником.

9. При разработке справочников по наилучшим доступным техникам учитывается наилучший мировой опыт в данной сфере, в том числе в качестве основы справочников по наилучшим доступным техникам должны использоваться аналогичные и сопоставимые справочники, официально применяемые в государствах, являющихся членами Организации экономического сотрудничества и развития, с учетом необходимости обоснованной адаптации к климатическим и экологическим условиям Республики Казахстан, обуславливающие техническую и экономическую доступность наилучших доступных техник в конкретных областях их применения.

10. Пересмотр справочников по наилучшим доступным техникам осуществляется каждые восемь лет после утверждения предыдущей версии соответствующего справочника и исключительно в целях снижения негативного воздействия на окружающую среду, повышения ресурсоэффективности, способствования переходу Республики Казахстан к "зеленой" экономике и низкоуглеродному развитию с учетом научно-технического развития и повышения уровня технической и (или) экономической доступности тех или иных техник.

11. Внедрением наилучшей доступной техники признается ограниченный во времени процесс осуществления мероприятий по проектированию, строительству новых или реконструкции, техническому перевооружению (модернизации) действующих объектов, в том числе путем установки нового оборудования, по применению способов, методов, процессов, практик, подходов и решений в обслуживании, эксплуатации, управлении и при выводе из эксплуатации таких объектов. При этом указанные мероприятия в совокупности должны обеспечивать достижение уровня охраны окружающей среды не ниже показателей, связанных с применением наилучших доступных техник, описанных в опубликованных справочниках по наилучшим доступным техникам.

Статья 114. Заявление на получение комплексного экологического разрешения

1. Заявление на получение комплексного экологического разрешения подается в электронном виде в уполномоченный орган в области охраны окружающей среды и должно содержать:

1) наименование, организационно-правовую форму юридического лица или фамилию, имя, отчество (если оно указано в документе, удостоверяющем личность) индивидуального предпринимателя; его бизнес-идентификационный номер;

2) наименование и место нахождения объекта;

3) вид основной деятельности, виды и объем производимой продукции (товара);

4) характеристику текущего состояния территории, на которой планируется строительство, реконструкция и (или) эксплуатация объекта;

5) описание техник, применяемых или предлагаемых к применению на объекте в целях предотвращения или снижения уровня его негативного антропогенного воздействия на окружающую среду, в том числе расчеты и обоснования технологических нормативов, предлагаемых оператором для включения в комплексное экологическое разрешение;

6) сравнительную характеристику используемой или предполагаемой к использованию техники с наилучшими доступными техниками, приведенными в заключениях о наилучших доступных техниках по соответствующим областям их применения;

7) предлагаемые для включения в комплексное экологическое разрешение обязательные экологические условия в отношении этапов строительства, эксплуатации и постутилизации объекта, которые должны соответствовать требованиям экологического законодательства Республики Казахстан и выводам заключения по результатам оценки воздействия на окружающую среду;

8) информацию об использовании (потреблении) сырья, воды, электрической и тепловой энергии;

9) информацию о предполагаемых разрешениях и уведомлениях, которые оператору необходимо получить или представить для осуществления деятельности по строительству и эксплуатации объекта;

10) для действующих объектов:

сведения о произошедших на объекте за предыдущие семь лет авариях и инцидентах, повлекших за собой загрязнение окружающей среды или причинение экологического ущерба;

информацию о реализации программы повышения экологической эффективности (при ее наличии).

2. Форма заявления на получение комплексного экологического разрешения и порядок ее заполнения устанавливаются правилами выдачи экологических разрешений.

3. К заявлению на получение комплексного экологического разрешения прилагаются:

1) в отношении намечаемой деятельности – проектная документация по строительству и (или) эксплуатации объектов;

1-1) заключение по результатам оценки воздействия на окружающую среду либо заключение о результатах скрининга воздействий намечаемой деятельности, содержащее вывод об отсутствии необходимости проведения обязательной оценки воздействия на окружающую среду;

2) обоснование технологических нормативов и проект нормативов эмиссий вместе с материалами экологической оценки по упрощенному порядку;

3) проект программы управления отходами;

4) проект программы производственного экологического контроля;

5) для действующих объектов I категории при невозможности соблюдения ими технологических показателей, связанных с применением наилучших доступных техник, – проект программы повышения экологической эффективности, разработанной в соответствии со статьей 119 настоящего Кодекса;

6) проект нормативов размещения серы в открытом виде на серных картах (при проведении операций по разведке и (или) добыче углеводородов).

4. По заявлению оператора объекта уполномоченный орган в области охраны окружающей среды, иные государственные органы и подведомственные организации обязаны предоставить ему доступ ко всей имеющейся у них в распоряжении экологической информации в отношении территории, затрагиваемой строительством и (или) эксплуатацией объекта, в порядке, установленном законодательством Республики Казахстан.

Сноска. Статья 114 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 115. Процедура рассмотрения заявления на получение комплексного экологического разрешения

1. Заявление на получение комплексного экологического разрешения подлежит рассмотрению при условии соответствия формы и содержания представленных материалов требованиям настоящего Кодекса.

2. В течение пяти рабочих дней со дня регистрации заявления на получение комплексного экологического разрешения уполномоченный орган в области охраны окружающей среды проверяет его на предмет полноты и комплектности. В течение указанного срока заявление принимается к рассмотрению либо отклоняется в случае представления неполного пакета документов и (или) неполных сведений с указанием причин возврата такого заявления.

При наличии в заявлении на получение комплексного экологического разрешения всех требуемых сведений и прилагаемых документов уполномоченный орган в области охраны окружающей среды проводит государственную экологическую экспертизу проектной документации по строительству и (или) эксплуатации объектов I категории в соответствии с подпунктом 1) пункта 1 статьи 88 настоящего Кодекса и в течение срока, указанного в части первой настоящего пункта, направляет принятое к рассмотрению заявление с прилагаемыми к нему документами в свои структурные подразделения, а также в следующие заинтересованные государственные органы для получения от них замечаний и предложений в отношении обязательных экологических условий, подлежащих включению в комплексное экологическое разрешение, в рамках их компетенций:

1) в государственный орган в сфере санитарно-эпидемиологического благополучия населения;

2) в уполномоченный орган, осуществляющий регулирование в соответствующей отрасли, к которой относится объект;

3) в иные уполномоченные государственные органы, в чью компетенцию входит выдача разрешений, необходимых для осуществления деятельности по строительству и эксплуатации объекта;

4) в местный исполнительный орган области, городов республиканского значения, столицы, на территории которого расположен или будет расположен объект.

В случае, если объект расположен или будет расположен в пределах территорий двух или более областей, городов республиканского значения, столицы, заявление с прилагаемыми документами подлежит направлению в каждый соответствующий местный исполнительный орган;

5) при содействии Министерства иностранных дел Республики Казахстан – государству, на состояние окружающей среды которого строительство и (или) эксплуатация объекта могут оказать существенное неблагоприятное воздействие, если необходимость проведения трансграничных процедур по принятию решений о разрешении такой деятельности предусмотрена международными договорами Республики Казахстан или установлена в заключении по результатам оценки воздействия на окружающую среду.

3. В состав комплексного экологического разрешения могут быть включены разрешения, выдаваемые иными государственными органами, если порядок объединения соответствующих государственных услуг по принципу "одного окна" определен совместными приказами уполномоченного органа в области охраны окружающей среды и соответствующих уполномоченных государственных органов.

4. В течение двадцати пяти рабочих дней с даты получения заявления заинтересованные государственные органы, указанные в подпунктах 1) – 5) пункта 2 настоящей статьи, должны представить свои заключения в отношении обязательных экологических условий, подлежащих включению в комплексное экологическое разрешение.

5. Заключения заинтересованных государственных органов, полученные уполномоченным органом в области охраны окружающей среды после истечения срока, указанного в пункте 4 настоящей статьи, не подлежат направлению заявителю и учету при принятии решения по заявлению.

6. При наличии замечаний по заявлению на выдачу комплексного экологического разрешения и (или) прилагаемым к нему документам на этапе проведения государственной экологической экспертизы уполномоченный орган в области охраны окружающей среды направляет такие замечания заявителю в течение двадцати пяти рабочих дней после принятия заявления к рассмотрению.

Направленные замечания должны быть устранены заявителем в течение десяти рабочих дней со дня направления замечаний. В случае неустранения замечаний в указанный срок заявителю выдается мотивированный отказ в выдаче комплексного экологического разрешения.

В течение десяти рабочих дней после устранения заявителем всех замечаний и получения заключений от заинтересованных государственных органов уполномоченный орган в области охраны окружающей среды подготавливает проект комплексного экологического разрешения с привлечением внутренних и (или) внешних экспертов с учетом полученных замечаний и предложений, а также позиции заявителя и направляет такой проект заявителю. Заявитель представляет свою позицию по представленному проекту комплексного экологического разрешения в течение пяти рабочих дней.

В течение пяти рабочих дней со дня получения позиции заявителя в случае одобрения заявителем проекта комплексного экологического разрешения выдается комплексное экологическое разрешение.

Разногласия, возникающие по условиям, включенным в проект комплексного экологического разрешения, разрешаются экспертной комиссией в порядке, предусмотренном статьей 74 настоящего Кодекса.

Статья 116. Консультации с затрагиваемым иностранным государством

1. В случае, указанном в подпункте 5) части второй пункта 2 статьи 115 настоящего Кодекса, если затрагиваемое иностранное государство представит свою позицию в отношении выдачи комплексного экологического разрешения по заявлению, уполномоченный орган в области охраны окружающей среды при содействии Министерства иностранных дел Республики Казахстан должен провести консультации с учетом положений международных договоров, ратифицированных Республикой Казахстан.

2. Срок рассмотрения заявления на получение комплексного экологического разрешения приостанавливается до окончания консультаций с затрагиваемым государством.

Статья 117. Выдача комплексного экологического разрешения

1. В течение пяти рабочих дней после получения ответа заявителя или результатов рассмотрения разногласий в соответствии с частью пятой пункта 6 статьи 115 настоящего Кодекса уполномоченный орган в области охраны окружающей среды принимает решение о выдаче комплексного экологического разрешения или об отказе в его выдаче.

2. Уполномоченный орган в области охраны окружающей среды отказывает в выдаче комплексного экологического разрешения в случаях:

1) установления недостоверности документов, представленных заявителем для получения комплексного экологического разрешения, и (или) содержащихся в них сведений;

2) несоответствия документов, представленных заявителем для получения комплексного экологического разрешения, и (или) содержащихся в них сведений требованиям экологического законодательства Республики Казахстан и (или) заключению по результатам оценки воздействия на окружающую среду либо заключению о результатах скрининга воздействий намечаемой деятельности, содержащему вывод об отсутствии необходимости проведения обязательной оценки воздействия на окружающую среду;

3) несогласия заявителя с условиями комплексного экологического разрешения, определенными уполномоченным органом в области охраны окружающей среды в порядке, предусмотренном статьей 115 настоящего Кодекса.

3. Если основания для отказа отсутствуют, уполномоченный орган в области охраны окружающей среды выдает заявителю комплексное экологическое разрешение в течение одного рабочего дня после принятия соответствующего решения.

4. Копия выданного комплексного экологического разрешения размещается на интернет-ресурсе уполномоченного органа в области охраны окружающей среды.

5. Операторы объектов обязаны выполнять экологические условия, предусмотренные комплексным экологическим разрешением, и несут ответственность в соответствии с законами Республики Казахстан за их несоблюдение или осуществление деятельности без комплексного экологического разрешения.

Статья 118. Пересмотр комплексного экологического разрешения

1. Комплексное экологическое разрешение подлежит пересмотру частично или полностью в случаях:

1) внесения оператором существенных изменений в намечаемую или осуществляемую деятельность, требующих проведения оценки воздействия на окружающую среду в соответствии с подпунктами 3) и 4) пункта 1 статьи 65 настоящего Кодекса;

2) утверждения нового заключения по наилучшим доступным техникам в связи с принятием нового справочника по наилучшим доступным техникам по соответствующим областям их применения, устанавливающего требования, которым объект, в отношении которого выдано такое комплексное экологическое разрешение, не соответствует;

3) внесения изменений в программу повышения экологической эффективности в соответствии с настоящим Кодексом.

2. Оператор обязан подать заявление на пересмотр комплексного экологического разрешения в случаях, предусмотренных пунктом 1 настоящей статьи, не позднее чем:

1) за шесть месяцев до предполагаемой даты начала реализации оператором существенных изменений в осуществляемую деятельность;

2) в течение трех месяцев с даты утверждения нового заключения по наилучшим доступным техникам по соответствующим областям их применения согласно подпункту 2) пункта 1 настоящей статьи.

3. Частичный пересмотр комплексного экологического разрешения осуществляется в случае, когда необходимые изменения затрагивают отдельные экологические условия и (или) нормативы допустимого антропогенного воздействия на окружающую среду, без необходимости пересмотра иных незатрагиваемых условий комплексного экологического разрешения. Частичный пересмотр комплексного экологического разрешения осуществляется путем оформления к комплексному экологическому разрешению приложения, содержащего требуемые изменения и (или) дополнения.

Порядок и сроки пересмотра (полного или частичного) комплексных экологических разрешений определяются правилами выдачи экологических разрешений.

4. Пересмотр комплексного экологического разрешения и внесение в него изменений могут быть также осуществлены по инициативе оператора.

5. Изменения, вносимые в комплексное экологическое разрешение и не затрагивающие содержащиеся в нем экологические условия, не требуют пересмотра комплексного экологического разрешения и осуществляются путем его переоформления.

Статья 119. Программа повышения экологической эффективности

1. В случае невозможности соблюдения нормативов эмиссий (при введении государством более строгих нормативов качества окружающей среды или целевых показателей качества окружающей среды) и (или) технологических нормативов операторами действующих объектов I категории на период достижения таких нормативов в обязательном порядке разрабатывается программа повышения экологической эффективности в качестве приложения к комплексному экологическому разрешению.

2. Программа повышения экологической эффективности включает в себя:

1) сроки, к которым должны быть достигнуты технологические нормативы;

2) сроки, к которым должны быть достигнуты нормативы эмиссий (при введении государством более строгих нормативов качества окружающей среды или целевых показателей качества окружающей среды);

3) график планируемых мероприятий по реконструкции, перевооружению, модернизации объекта I категории, направленных на достижение технологических нормативов, нормативов эмиссий (далее – график планируемых мероприятий);

4) при наличии возможности поэтапного достижения технологических нормативов, нормативов эмиссий в соответствии с проектными решениями – график достижения показателей поэтапного снижения негативного воздействия на окружающую среду, который определяется в привязке к срокам завершения соответствующих комплексов мероприятий по реконструкции, перевооружению, модернизации объекта.

График планируемых мероприятий определяется с разбивкой по каждому календарному году выполнения программы повышения экологической эффективности.

Если программой повышения экологической эффективности предусматривается поэтапное снижение негативного воздействия на окружающую среду, график планируемых мероприятий определяется в отдельности по каждому комплексу мероприятий, обеспечивающему достижение каждого соответствующего показателя поэтапного снижения негативного воздействия на окружающую среду.

В графике планируемых мероприятий, а в случае, предусмотренном частью третьей настоящего пункта, – также в отдельности в отношении каждого комплекса мероприятий дополнительно определяются сроки завершения ключевых мероприятий. Ключевые мероприятия включают доставку на объект основного технологического оборудования, строительно-монтажные работы, пусконаладочные работы и ввод в эксплуатацию. В программе повышения экологической эффективности могут быть определены дополнительные ключевые мероприятия.

3. Оператор объекта вправе подать в уполномоченный орган в области охраны окружающей среды заявление о пересмотре комплексного экологического разрешения в части графика планируемых мероприятий, если это не влияет на установленные сроки достижения нормативов эмиссий, технологических нормативов, а в случае, предусмотренном подпунктом 4) части первой пункта 2 настоящей статьи, – на сроки достижения показателей поэтапного снижения негативного воздействия на окружающую среду.

Перенос сроков выполнения отдельных мероприятий осуществляется однократно в пределах периода выполнения соответствующего комплекса мероприятий, но не более чем на один год. При этом продление общего срока программы повышения экологической эффективности не допускается.

4. Не подлежат включению в программу повышения экологической эффективности мероприятия, направленные на обеспечение эксплуатации зданий, сооружений, оборудования, устройств природоохранного значения, необходимых для обеспечения соблюдения экологических требований, которым объект должен был соответствовать на дату подачи заявления на получение комплексного экологического разрешения.

5. Срок выполнения программы повышения экологической эффективности не может превышать четыре года и не подлежит продлению.

6. Программа повышения экологической эффективности разрабатывается в соответствии с правилами выдачи экологических разрешений. Проведение общественных слушаний по проекту программы повышения экологической эффективности, в том числе в случае полного или частичного пересмотра ранее согласованной с уполномоченным органом в области охраны окружающей среды такой программы, является обязательным.

7. Уполномоченный орган в области охраны окружающей среды осуществляет ежегодный мониторинг выполнения программы повышения экологической эффективности в соответствии с правилами выдачи экологических разрешений.

Операторы объектов, получившие комплексные экологические разрешения с условием выполнения программы повышения экологической эффективности, ежегодно представляют в уполномоченный орган в области охраны окружающей среды отчет о выполнении такой программы по форме, установленной правилами выдачи экологических разрешений.

Оператор в срок не более двух рабочих дней после начала и завершения каждого ключевого мероприятия письменно сообщает об этом уполномоченному органу в области охраны окружающей среды.

В случае невыполнения или неполного выполнения какого-либо мероприятия в календарном году выполнения графика планируемых мероприятий уполномоченный орган в области охраны окружающей среды направляет оператору информационное письмо с указанием объема неисполненных обязательств оператора. Оператор обязан подать заявление о пересмотре комплексного экологического разрешения в части графика планируемых мероприятий.

В случае нарушения срока выполнения ключевого мероприятия, предусмотренного графиком планируемых мероприятий, срок выполнения такого этапа продлевается однократно в порядке, предусмотренном подпунктом 3) пункта 1 статьи 118 настоящего Кодекса, но не более чем на один год.

8. Действие комплексного экологического разрешения, выданного с условием выполнения программы повышения экологической эффективности, прекращается в следующих случаях:

1) в случае незавершения ключевого мероприятия в пределах срока продления, предусмотренного частью пятой пункта 7 настоящей статьи;

2) в случае недостижения в сроки, установленные в программе повышения экологической эффективности, какого-либо из технологических нормативов более чем на тридцать процентов. В случае если к соответствующему сроку установленный технологический норматив не достигнут на тридцать или менее процентов, то срок достижения такого технологического норматива продлевается однократно на один год;

3) в случае, предусмотренном подпунктом 4) части первой пункта 2 настоящей статьи, – при недостижении к сроку, установленному в графике достижения показателей поэтапного снижения негативного воздействия на окружающую среду, какого-либо из таких показателей более чем на тридцать процентов. В случае если к соответствующему сроку установленный показатель поэтапного снижения негативного воздействия на окружающую среду не достигнут на тридцать или менее процентов, то срок достижения такого показателя продлевается однократно на один год;

4) в случае недостижения технологического норматива или показателя поэтапного снижения негативного воздействия на окружающую среду в пределах соответствующих сроков продления, предусмотренных подпунктами 2) и 3) настоящего пункта.

Оператор объекта I категории в срок не более двух рабочих дней после достижения технологического норматива, показателя поэтапного снижения негативного воздействия на окружающую среду письменно сообщает об этом уполномоченному органу в области охраны окружающей среды.

Получение уполномоченным органом в области охраны окружающей среды письменного сообщения оператора объекта I категории в соответствии с частью второй настоящего пункта или неполучение такого сообщения в сроки, установленные для достижения технологического норматива, показателя поэтапного снижения негативного воздействия на окружающую среду, является основанием для осуществления профилактического контроля с посещением субъекта (объекта) контроля.

9. Уполномоченный орган в области охраны окружающей среды при осуществлении государственного экологического контроля осуществляет контроль за выполнением программ повышения экологической эффективности.

Параграф 2. Экологическое разрешение на воздействие

Статья 120. Общие положения об экологическом разрешении на воздействие

1. Наличие экологического разрешения на воздействие обязательно для строительства и (или) эксплуатации объектов II категории, а также для эксплуатации объектов I категории в случае, предусмотренном частью второй пункта 4 статьи 418 настоящего Кодекса.

2. Лица, являющиеся в соответствии с налоговым законодательством Республики Казахстан плательщиками единого земельного налога, не получают экологическое разрешение на воздействие и не представляют декларацию о воздействии на окружающую среду, предусмотренную пунктом 1 статьи 110 настоящего Кодекса, по объектам, используемым в деятельности, на которую распространяется специальный налоговый режим для крестьянских или фермерских хозяйств.

3. Экологические разрешения на воздействие для объектов I категории выдаются уполномоченным органом в области охраны окружающей среды в случае, предусмотренном частью второй пункта 4 статьи 418 настоящего Кодекса.

Экологические разрешения на воздействие для объектов II категории выдаются местными исполнительными органами областей, городов республиканского значения, столицы.

Распределение объектов I категории, для которых выдается экологическое разрешение на воздействие, между уполномоченным органом в области охраны окружающей среды, его структурными и территориальными подразделениями устанавливается уполномоченным органом в области охраны окружающей среды.

4. В отношении объекта II категории, отдельные стационарные источники которого расположены на территориях разных областей (городов республиканского значения, столицы), заявление на получение экологического разрешения на воздействие может быть подано в любой из местных исполнительных органов соответствующих административно-территориальных единиц, при этом местные исполнительные органы иных областей (городов республиканского значения, столицы) должны быть привлечены к процедуре выдачи экологического разрешения на воздействие в качестве заинтересованных государственных органов.

5. Экологические разрешения на воздействие выдаются на срок до изменения применяемых технологий, требующих изменения экологических условий, указанных в действующем экологическом разрешении, но не более чем на десять лет.

Статья 121. Содержание экологического разрешения на воздействие

1. Экологическое разрешение на воздействие представляет собой документ установленного образца, содержащий:

1) сведения о его обладателе (операторе), объекте и осуществляемых на нем видах деятельности;

2) срок действия экологического разрешения на воздействие;

3) экологические условия осуществления деятельности, в том числе:

нормативы эмиссий в окружающую среду;

лимиты накопления отходов, лимиты захоронения отходов (при наличии собственного полигона);

программу управления отходами;

программу производственного экологического контроля, в том числе требования по проведению производственного мониторинга, включая мониторинг состояния почв и подземных вод;

план мероприятий по охране окружающей среды на период действия экологического разрешения на воздействие;

иные требования по охране окружающей среды, указанные в заключении об оценке воздействия на окружающую среду (при его наличии).

2. Формы бланков экологического разрешения на воздействие и порядок их заполнения утверждаются уполномоченным органом в области охраны окружающей среды.

Статья 122. Заявление на получение экологического разрешения на воздействие

1. Заявление на получение экологического разрешения на воздействие подается по установленной форме в электронном виде в орган, осуществляющий выдачу экологического разрешения на воздействие в соответствии с пунктом 3 статьи 120 настоящего Кодекса.

2. К заявлению на получение экологического разрешения на воздействие прилагаются:

1) в отношении намечаемой деятельности – проектная документация по строительству и (или) эксплуатации объектов I или II категории;

2) заключение по результатам оценки воздействия на окружающую среду либо заключение о результатах скрининга воздействий намечаемой деятельности, содержащее вывод об отсутствии необходимости проведения обязательной оценки воздействия на окружающую среду в случаях, предусмотренных настоящим Кодексом;

3) по видам деятельности, не подлежащим обязательной оценке воздействия на окружающую среду, – материалы экологической оценки по упрощенному порядку;

4) проект нормативов эмиссий (для эксплуатации объекта);

5) проект программы управления отходами (для эксплуатации объекта);

6) проект программы производственного экологического контроля (для эксплуатации объекта);

7) проект плана мероприятий по охране окружающей среды на период действия экологического разрешения на воздействие;

8) проект нормативов размещения серы в открытом виде на серных картах (при проведении операций по разведке и добыче углеводородов).

3. Форма заявления на получение экологического разрешения на воздействие утверждается уполномоченным органом в области охраны окружающей среды.

Сноска. Статья 122 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 123. Сроки рассмотрения и выдачи экологического разрешения на воздействие

1. Уполномоченный орган в области охраны окружающей среды в срок не более пяти рабочих дней со дня регистрации заявления на выдачу экологического разрешения на воздействие, а местный исполнительный орган в срок не более трех рабочих дней со дня регистрации заявления на выдачу экологического разрешения на воздействие изучают представленные документы на предмет их полноты и комплектности. В течение указанного срока заявление принимается к рассмотрению либо отклоняется вследствие неполноты и (или) некомплектности представленных документов.

При отклонении заявления по причине неполноты и (или) некомплектности представленных документов заявителю направляется отказ с мотивированным обоснованием причин отклонения.

2. Принятые к рассмотрению заявления рассматриваются на предмет соответствия требованиям настоящего Кодекса и по итогам рассмотрения уполномоченный орган в области охраны окружающей среды в срок не более сорока пяти рабочих дней, а местный исполнительный орган в срок не более тридцати рабочих дней со дня регистрации заявления выдают экологическое разрешение на воздействие или мотивированный отказ в его выдаче.

3. При наличии замечаний по заявлению на выдачу экологического разрешения на воздействие и (или) прилагаемым к нему документам государственные органы, осуществляющие выдачу экологических разрешений на воздействие, направляют такие замечания завителю в течение:

двадцати пяти рабочих дней с даты принятия заявления к рассмотрению – по объектам I категории;

пятнадцати рабочих дней с даты принятия заявления к рассмотрению – по объектам II категории.

Направленные замечания должны быть устранены заявителем в течение:

десяти рабочих дней со дня направления замечаний – по объектам I категории;

пяти рабочих дней со дня направления замечаний – по объектам II категории.

4. В случае неустранения замечаний в сроки, определенные частью второй пункта 3 настоящей статьи, заявителю выдается мотивированный отказ в выдаче экологического разрешения на воздействие.

В случае устранения замечаний в сроки, определенные частью второй пункта 3 настоящей статьи, заявителю выдается экологическое разрешение на воздействие.

Статья 124. Отказ в выдаче экологического разрешения на воздействие

1. Основаниями для отказа в выдаче экологических разрешений на воздействие являются следующие случаи:

1) сведения, содержащиеся в заявлении и (или) прилагаемых к нему документах, являются недостоверными;

2) заявление и (или) прилагаемые к нему документы не соответствуют требованиям экологического законодательства Республики Казахстан и (или) заключению по результатам оценки воздействия на окружающую среду либо заключению о результатах скрининга воздействий намечаемой деятельности, содержащему вывод об отсутствии необходимости проведения обязательной оценки воздействия на окружающую среду.

2. Споры и разногласия в связи с отказом в выдаче экологического разрешения на воздействие рассматриваются в порядке, установленном законодательством Республики Казахстан.

Статья 125. План мероприятий по охране окружающей среды

1. План мероприятий по охране окружающей среды является приложением к экологическому разрешению на воздействие и должен содержать перечень мероприятий, направленных на снижение негативного воздействия на окружающую среду, необходимых для обеспечения соблюдения установленных нормативов эмиссий, лимитов накопления и захоронения отходов, лимитов размещения серы в открытом виде на серных картах (при проведении операций по разведке и (или) добыче углеводородов).

2. План мероприятий по охране окружающей среды разрабатывается в соответствии с правилами выдачи экологических разрешений.

3. Оператор ежегодно представляет отчет о выполнении плана мероприятий по охране окружающей среды в соответствующий орган, выдавший экологическое разрешение.

РАЗДЕЛ 4. ЭКОНОМИЧЕСКОЕ РЕГУЛИРОВАНИЕ ОХРАНЫ ОКРУЖАЮЩЕЙ СРЕДЫ

Статья 126. Виды механизмов экономического регулирования охраны окружающей среды

Видами механизмов экономического регулирования охраны окружающей среды являются:

1) плата за негативное воздействие на окружающую среду;

2) рыночные механизмы управления эмиссиями в окружающую среду;

3) экологическое страхование;

4) экономическое стимулирование деятельности, направленной на охрану окружающей среды;

5) рыночные механизмы сокращения выбросов и поглощения парниковых газов;

6) расширенные обязательства производителей (импортеров).

Статья 127. Плата за негативное воздействие на окружающую среду

1. Плата за негативное воздействие на окружающую среду взимается за следующие его виды:

1) выбросы загрязняющих веществ в атмосферный воздух;

2) сбросы загрязняющих веществ;

3) захоронение отходов;

4) размещение серы в открытом виде на серных картах.

2. Внесение платы за негативное воздействие на окружающую среду осуществляется оператором объекта, оказывающего негативное воздействие на окружающую среду.

3. Ставки платы за негативное воздействие на окружающую среду устанавливаются налоговым законодательством Республики Казахстан.

4. Плата за негативное воздействие на окружающую среду в пределах нормативов, установленных в экологическом разрешении, или количества эмиссий и захороненных отходов, задекларированного объектом III категории в декларации о воздействии на окружающую среду, взимается в порядке, установленном налоговым законодательством Республики Казахстан.

5. Расходы на плату за захоронение твердых коммунальных отходов учитываются при установлении тарифов в порядке, определяемом законодательством Республики Казахстан.

Статья 128. Рыночные механизмы управления эмиссиями в окружающую среду

1. В целях сокращения эмиссий в окружающую среду уполномоченным органом в области охраны окружающей среды могут быть введены рыночные механизмы путем установления лимитов эмиссий в окружающую среду, распределения квот на эмиссии в окружающую среду и утверждения порядка торговли квотами и обязательствами по сокращению эмиссий в окружающую среду.

2. Лимиты эмиссий в окружающую среду – совокупный нормативный объем эмиссий в окружающую среду, устанавливаемый на календарный год в пределах определенной территории (акватории), при соблюдении которого не происходит нарушение экологических нормативов качества.

3. Квота на эмиссии в окружающую среду – часть лимита на эмиссии в окружающую среду, выделяемая конкретному лицу на один календарный год на платной или бесплатной основе.

Статья 129. Экологическое страхование

1. Целью экологического страхования является обеспечение гражданско-правовой ответственности лица по возмещению экологического ущерба, причиненного аварией.

2. Не допускается эксплуатация объектов, включенных в перечень экологически опасных видов хозяйственной и иной деятельности, утвержденный уполномоченным органом в области охраны окружающей среды, без заключенного оператором договора обязательного экологического страхования.

Обязательное экологическое страхование осуществляется в соответствии с Законом Республики Казахстан "Об обязательном экологическом страховании".

3. Добровольное экологическое страхование осуществляется физическими и юридическими лицами в силу их волеизъявления. Виды, условия и порядок добровольного экологического страхования определяются договорами между страховщиками и страхователями.

Статья 130. Экономическое стимулирование деятельности, направленной на охрану окружающей среды

1. Экономическое стимулирование деятельности, направленной на охрану окружающей среды, осуществляется посредством:

1) применения в соответствии с налоговым законодательством Республики Казахстан коэффициента 0 к ставкам платы за негативное воздействие на окружающую среду с даты получения комплексного экологического разрешения;

2) гарантированной покупки расчетно-финансовым центром по поддержке возобновляемых источников энергии электрической энергии, произведенной объектами по энергетической утилизации отходов в соответствии с законодательством Республики Казахстан в области поддержки использования возобновляемых источников энергии;

3) организации трансфера и адаптации "зеленых" технологий, а также содействия привлечению "зеленых" инвестиций;

4) предоставления мер государственной поддержки в рамках "зеленого" финансирования на условиях и в порядке, установленных законами Республики Казахстан;

5) предоставления иных мер государственной поддержки, определенных законами Республики Казахстан.

2. Под "зелеными" технологиями понимаются экологически безопасные технологии производства, созданные на основе современных достижений науки, учитывающие экологические, экономические, социальные аспекты устойчивого развития, которые охватывают следующие сферы и направлены на:

1) производство нетоксичных продуктов по замкнутому циклу "производство – утилизация – новое производство";

2) максимальное сокращение отходов за счет инноваций в технологиях и структуре потребления;

3) замену невозобновляемых природных ресурсов на альтернативные возобновляемые источники сырья и энергии;

4) внедрение биотехнологий в земледелие, животноводство и переработку сельскохозяйственной продукции, производство биологических препаратов для сельского хозяйства;

5) производство энергии из возобновляемых источников энергии (солнечной энергии, энергии ветра, гидро-, геотермальной энергии, биомассы, водорода), снижение вредных выбросов в атмосферу, повышение эффективности использования топлива, а также энергоэффективности зданий и бытовых приборов;

6) выведение устойчивых зеленых насаждений, имеющих высокий поглотительный эффект парниковых газов из окружающей среды, направленный на смягчение последствий изменения климата;

7) производство строительных материалов, не содержащих токсичных и канцерогенных веществ, с использованием отходов производства и потребления.

Сервисный оператор "зеленых" технологий – подведомственная организация уполномоченного органа в области охраны окружающей среды, оказывающая комплексные услуги по ведению реестра "зеленых" технологий и проектов, коммерциализации и технологическому бизнес-инкубированию "зеленых" технологий, содействию в привлечении "зеленого" финансирования, в том числе инвестиций и грантов для реализации "зеленых" проектов, осуществлению информационно-аналитической, правовой, методологической, консультационной и экспертно-аналитической поддержки по вопросам "зеленой экономики", организации международного сотрудничества и обмена опытом по Программе партнерства "Зеленый мост".

Для внедрения и реализации проектов "зеленых" технологий привлекаются "зеленые" инвестиции, в том числе за счет грантов и (или) инвестиций национальных институтов развития, средств местных бюджетов и иных источников других организаций, не запрещенных законодательством Республики Казахстан.

Правила признания технологий в качестве "зеленых" технологий утверждаются Правительством Республики Казахстан.

3. Под "зеленым" финансированием понимаются инвестиции, направленные на реализацию "зеленых" проектов и привлекаемые с помощью таких инструментов, как "зеленые" облигации, "зеленые" кредиты и другие финансовые инструменты, определенные уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций.

К "зеленым" проектам относятся определенные на основе утвержденной классификации (таксономии) проекты, направленные на повышение эффективности использования существующих природных ресурсов, снижение уровня негативного воздействия на окружающую среду, повышение энергоэффективности, энергосбережения, смягчение последствий изменения климата и адаптацию к изменению климата.

Классификация "зеленых" проектов, подлежащих финансированию через "зеленые" облигации и "зеленые" кредиты, разрабатывается уполномоченным органом в области охраны окружающей среды и утверждается Правительством Республики Казахстан.

"Зелеными" облигациями признается долговой инструмент с фиксированным доходом для привлечения денег в целях финансирования реализации "зеленых" проектов.

"Зелеными" кредитами признаются целевые займы, направленные на финансирование реализации "зеленых" проектов.

РАЗДЕЛ 5. ЭКОЛОГИЧЕСКИЙ УЩЕРБ

Статья 131. Экологический ущерб

1. Экологическим ущербом признается ущерб, причиненный компонентам природной среды, указанным в статьях 133, 134 и 135 настоящего Кодекса, если отсутствует возможность их естественного восстановления в течение разумного периода времени до базового состояния без принятия мер по ремедиации.

Для целей настоящего раздела под ущербом, причиненным компонентам природной среды, понимается возникающее прямо или косвенно измеримое негативное изменение в состоянии компонентов природной среды или измеримое ухудшение их потребительских свойств или полезных качеств.

Под базовым состоянием понимается состояние компонента природной среды, в котором он бы находился, если бы ему не был причинен экологический ущерб.

2. Ущерб, причиненный компонентам природной среды, указанным в статьях 133, 134 и 135 настоящего Кодекса, признается также экологическим ущербом в случаях, когда указанные в пункте 1 настоящей статьи негативные последствия наступают в результате загрязнения атмосферного воздуха или перехода загрязняющих веществ из одной среды в другую.

3. Ущерб, причиненный компонентам природной среды, указанным в статьях 133, 134 и 135 настоящего Кодекса, находящимся в пределах особо охраняемых природных территорий и объектов государственного природно-заповедного фонда, вне зависимости от характера и масштаба причиненного ущерба указанным компонентам природной среды признается экологическим ущербом.

4. Ущерб, причиненный находящимся в собственности государства природным ресурсам (земельным, включая почвенные, водным, лесным ресурсам, ресурсам недр, ресурсам растительного и животного мира), в том числе посредством их незаконного использования, изъятия, порчи или уничтожения, и не содержащий признаков, указанных в статьях 133, 134 и 135 настоящего Кодекса, является имущественным ущербом, не относящимся к понятию экологического ущерба, и подлежит возмещению согласно законодательству Республики Казахстан о соответствующих видах природных ресурсов, а также гражданскому законодательству Республики Казахстан.

Статья 132. Экологический вред жизни и (или) здоровью человека

1. Экологическим вредом жизни и (или) здоровью человека признается вред жизни и (или) здоровью физических лиц, причиненный в результате воздействия негативных экологических последствий.

2. Экологический вред жизни и (или) здоровью человека подлежит возмещению в соответствии с гражданским законодательством Республики Казахстан.

Статья 133. Экологический ущерб животному и растительному миру

1. Экологическим ущербом животному и растительному миру признается любой ущерб, причиненный компонентам природной среды, который оказывает существенное негативное воздействие на достижение или сохранение благоприятного состояния видов животного и растительного мира и природных ареалов.

Существенность указанного в части первой настоящего пункта воздействия оценивается с учетом базового состояния компонентов природной среды и иных критериев, установленных законодательством Республики Казахстан.

2. Ущерб животному и растительному миру не включает ранее выявленное негативное воздействие, возникшее в результате антропогенной деятельности, которая была прямо разрешена уполномоченными государственными органами в соответствии с законодательством Республики Казахстан.

3. Под природным ареалом понимается область обитания (произрастания) и развития определенного вида животного или растительного мира.

4. Под состоянием природных ареалов понимается совокупность воздействий, которым подвергаются природный ареал и обычно обитающие (произрастающие) в пределах его границ виды животных и растений и которые в долгосрочной перспективе могут повлиять на их естественное распространение, структуру и функциональность, а также долгосрочное выживание типичных видов животных и растений на территории Республики Казахстан или в границах их природных ареалов.

Состояние природного ареала будет считаться благоприятным, если:

1) его естественные границы и охватываемые территории в пределах таких границ являются стабильными или расширяются;

2) существуют конкретная структура и функции, которые необходимы для долгосрочного сохранения природного ареала, и их сохранение ожидается в обозримом будущем;

3) естественное состояние обычных видов животных и растений в пределах природного ареала является благоприятным в соответствии с критериями, указанными в пункте 5 настоящей статьи.

5. Под состоянием вида животного и растительного мира понимается совокупность воздействий, которым подвергается соответствующий вид и которые могут повлиять на долгосрочное размножение и численность популяций на территории Республики Казахстан или в пределах границ природного ареала этого вида.

Состояние вида животного и растительного мира считается благоприятным, если:

1) динамика численности соответствующего вида показывает, что такой вид сохраняет свой долгосрочный статус как жизнестойкий компонент природного ареала;

2) естественное число видов не снижается и их снижение не ожидается в обозримом будущем;

3) существует достаточно большой природный ареал для поддержания популяций и его сохранение ожидается в долгосрочной перспективе.

Статья 134. Экологический ущерб водам

Экологическим ущербом водам признается любой ущерб, оказывающий существенное негативное воздействие на экологическое, химическое или количественное состояние либо экологический потенциал поверхностных и (или) подземных вод, определенный в экологическом и (или) водном законодательстве Республики Казахстан.

Статья 135. Экологический ущерб землям

1. Экологическим ущербом землям признается загрязнение земель в результате прямого или косвенного попадания на поверхность или в состав земли или почв загрязняющих веществ, организмов или микроорганизмов, которое создает существенный риск причинения вреда здоровью населения.

2. Причинением экологического ущерба землям также признается ущерб, причиненный в виде уничтожения почв или иных последствий, которые приводят к их деградации или истощению, в соответствии с положениями земельного законодательства Республики Казахстан.

Статья 136. Обязанность по устранению экологического ущерба

1. В соответствии с принципом "загрязнитель платит" лицо, действия или деятельность которого причинили экологический ущерб, обязано в полном объеме и за свой счет осуществить ремедиацию компонентов природной среды, которым причинен экологический ущерб.

Привлечение к административной или уголовной ответственности лица, причинившего экологический ущерб, не освобождает такое лицо от гражданско-правовой ответственности, установленной частью первой настоящего пункта.

2. Никто не вправе требовать или получать денежную компенсацию за причиненный экологический ущерб, за исключением возмещения затрат, понесенных государством в лице уполномоченного органа в области охраны окружающей среды на реализацию мер по восстановлению или ремедиации в соответствии с пунктом 4 статьи 137 настоящего Кодекса.

3. Для привлечения физического или юридического лица к ответственности, установленной частью первой пункта 1 настоящей статьи, необходимо наличие одновременно следующих условий:

1) возможность установления конкретного лица или лиц, чьи действия или деятельность причинили экологический ущерб;

2) возможность установления причинно-следственной связи между экологическим ущербом и действиями или деятельностью лиц, указанных в подпункте 1) настоящего пункта;

3) экологический ущерб должен быть четко определенным и измеримым.

4. Уполномоченный орган в области охраны окружающей среды обращается в суд с исками об устранении экологического ущерба к физическим и юридическим лицам, которые могут быть привлечены к ответственности в соответствии с настоящей статьей.

5. В случае, если лицо, осуществляющее или осуществлявшее деятельность, в результате которой был причинен экологический ущерб, перестало существовать, ответственность за причинение экологического ущерба возлагается на правопреемника указанного лица.

6. При приватизации имущественных комплексов, относящихся к объектам I или II категории, государственный орган, уполномоченный на осуществление приватизации, обеспечивает соблюдение экологических требований. Приватизация имущественных комплексов, относящихся к объектам I или II категории, осуществляется с учетом результатов обязательной проверки состояния компонентов природной среды, расположенных в области возможного воздействия такого объекта I или II категории, на предмет наличия экологического ущерба, которая должна быть предусмотрена планом приватизации и осуществляться с привлечением специализированных организаций (аккредитованных лабораторий) и участием уполномоченного органа в области охраны окружающей среды.

Ответственность за экологический ущерб, причиненный в результате действия или деятельности, предшествующих приватизации, несет прежний собственник объекта приватизации – государство. Распределение или переложение обязанности по устранению такого экологического ущерба на нового собственника приватизированного имущества (объекта) в таких случаях возможно лишь с его согласия.

7. В случае, если правопреемник не может быть выявлен либо перестал существовать, обязанность по устранению экологического ущерба возлагается на лицо, являвшееся в момент причинения экологического ущерба или, если такое причинение носило длительный характер, в момент окончания действия или деятельности, причинивших экологический ущерб, собственником или землепользователем земельного участка, на котором лицо, причинившее экологический ущерб, осуществляло соответствующие действия или деятельность.

8. В случае, если лица, указанные в пунктах 5 и 7 настоящей статьи, не могут быть выявлены или перестали существовать, обязанность по устранению экологического ущерба несет нынешний собственник или землепользователь земельного участка, на котором лицо, причинившее ущерб, осуществляло свою деятельность, если уполномоченным органом в области охраны окружающей среды доказано в суде, что такому собственнику или землепользователю в момент приобретения им прав на указанный земельный участок было известно о наличии экологического ущерба, причиненного действиями или деятельностью, ранее осуществляемыми на данном земельном участке.

9. В случае невозможности выявления или отсутствия лиц, указанных в пунктах 5, 7 и 8 настоящей статьи, в течение трех лет с момента установления факта причинения экологического ущерба обязанность по устранению экологического ущерба возлагается на государство. Проведение необходимых мероприятий по устранению экологического ущерба организуется соответствующим местным исполнительным органом области, города республиканского значения, столицы по согласованию с уполномоченным органом в области охраны окружающей среды.

Статья 137. Выявление факта экологического ущерба и лица, причинившего экологический ущерб

1. В случае выявления экологического ущерба лицом, причинившим такой ущерб, такое лицо обязано:

1) в течение двух часов с момента обнаружения сообщить уполномоченному органу в области охраны окружающей среды о потенциальном факте причинения экологического ущерба, предварительной оценке его характера и масштаба;

2) не позднее одного рабочего дня после обнаружения факта причинения экологического ущерба приступить к принятию всех необходимых мер, направленных на устранение (пресечение) вызвавших его факторов, а также на контроль, локализацию и сокращение экологического ущерба, в целях предотвращения большего экологического ущерба или вредного воздействия на жизнь и (или) здоровье населения и окружающую среду;

3) исполнять требования уполномоченного органа в области охраны окружающей среды по устранению (пресечению) факторов, вызвавших причинение экологического ущерба.

2. Уполномоченный орган в области охраны окружающей среды в случае установления им факта экологического ущерба:

1) принимает меры по установлению лица, на которое возлагается обязанность по устранению экологического ущерба в соответствии со статьей 136 настоящего Кодекса;

2) в течение двух рабочих дней после установления лица, указанного в подпункте 1) настоящего пункта, направляет в его адрес извещение о необходимости разработки и согласования с уполномоченным органом в области охраны окружающей среды программы ремедиации в соответствии со статьей 139 настоящего Кодекса.

3. В случае уклонения лица, на которое возлагается обязанность по устранению экологического ущерба, от устранения такого экологического ущерба соответствующая обязанность возлагается на такое лицо в судебном порядке по иску уполномоченного органа в области охраны окружающей среды.

4. Если лицо, которое несет ответственность за устранение экологического ущерба, не исполняет вступившее в законную силу решение суда относительно мероприятий по ремедиации в течение срока, установленного в решении суда, или если такое лицо своевременно не предпринимает меры по ликвидации последствий или ремедиации и такая задержка приводит к дальнейшему существенному экологическому ущербу или существенному вреду для жизни и (или) здоровья людей, уполномоченный орган в области охраны окружающей среды вправе самостоятельно осуществить мероприятия по ремедиации и впоследствии потребовать возмещения понесенных расходов на осуществление соответствующих мероприятий.

5. В целях определения исковых требований по устранению экологического ущерба уполномоченный орган в области охраны окружающей среды вправе привлекать экспертов других государственных органов, осуществляющих регулирование в области использования соответствующих видов природных ресурсов, а также на договорной основе аккредитованные лаборатории и внешних независимых экспертов для изучения причиненного экологического ущерба, оценки его характера, масштаба, а также разработки возможных мер по ремедиации. Правила привлечения внешних независимых экспертов, в том числе предъявляемые к ним квалификационные критерии, утверждаются уполномоченным органом в области охраны окружающей среды.

Статья 138. Ремедиация

1. Ремедиацией признается комплекс мероприятий по устранению экологического ущерба посредством восстановления, воспроизводства компонента природной среды, которому был причинен экологический ущерб, или, если экологический ущерб является полностью или частично непоправимым, замещения такого компонента природной среды.

2. Восстановлением компонента окружающей среды признается достижение базового состояния нарушенного компонента природной среды.

3. Под замещением компонента природной среды в настоящей статье понимаются дополнительные улучшения, создаваемые для охраняемых видов животного мира и их ареалов или для иного компонента природной среды с аналогичными или схожими экосистемными услугами в пределах участка, подверженного экологическому ущербу, или в пределах альтернативной территории, в соответствии с пунктами 5 и 6 настоящей статьи.

4. Лицо, на которое возложена обязанность по устранению экологического ущерба, осуществляет прямую ремедиацию причиненного экологического ущерба, под которой понимаются мероприятия по восстановлению компонентов природной среды, которым был причинен экологический ущерб, либо создает условия для естественного их восстановления в разумные сроки до базового состояния.

5. В случае объективной невозможности полного достижения целей прямой ремедиации лицо, на которое возложена обязанность по устранению экологического ущерба, дополнительно в той части, в которой прямая ремедиация невозможна, осуществляет альтернативную ремедиацию, под которой понимаются мероприятия по охране и улучшению окружающей среды на территории нахождения компонентов природной среды, которым был причинен экологический ущерб, или создает условия для восстановления идентичных компонентов природной среды, или выполняет иные мероприятия по охране окружающей среды на территории, расположенной насколько это возможно близко к месту причинения экологического ущерба.

6. Лицо, на которое возложена обязанность по устранению экологического ущерба, независимо от принятия мер по прямой и альтернативной ремедиации проводит дополнительные мероприятия по улучшению территории, на которой располагаются компоненты природной среды, которым был причинен экологический ущерб, либо территории, расположенной насколько это возможно близко к такой территории, с целью замещения экосистемных услуг, временно не доступных из-за причиненного экологического ущерба в период с момента причинения экологического ущерба до полного восстановления нарушенных компонентов природной среды (компенсирующая ремедиация).

7. Уполномоченный орган в области охраны окружающей среды в случае осуществления им мер по ремедиации экологического ущерба в соответствии с пунктом 4 статьи 137 настоящего Кодекса вправе взыскать с лица, причинившего такой экологический ущерб, все расходы, понесенные уполномоченным органом в области охраны окружающей среды на соответствующие меры по ремедиации.

В дополнение к расходам на ремедиацию, указанным в части первой настоящего пункта, лицо, причинившее экологический ущерб, должно возместить государству разумные расходы, возникающие в связи с экологическим ущербом, в том числе расходы на изучение и оценку характера и масштаба экологического ущерба, определение необходимых мер по ремедиации, связанные с этим административные расходы, расходы на юридическую помощь, исполнительное производство, сбор данных, мониторинг и контроль за выполнением мер по ремедиации.

Статья 139. Программа ремедиации

1. Программа ремедиации представляет собой перечень мероприятий по устранению причиненного экологического ущерба. Рекомендации по содержанию, срокам, порядку определения мероприятий по ремедиации в зависимости от характера экологического ущерба, а также компонента природной среды, которому нанесен экологический ущерб, приводятся в инструктивно-методических документах, утвержденных уполномоченным органом в области охраны окружающей среды.

2. Лицо, на которое возложена обязанность по устранению причиненного экологического ущерба, в течение одного месяца с момента получения извещения, указанного в подпункте 2) пункта 2 статьи 137 настоящего Кодекса, определяет необходимые меры по устранению такого ущерба и представляет на согласование в уполномоченный орган в области охраны окружающей среды программу ремедиации. При наличии необходимости более длительного срока для проведения детальных исследований, необходимых для разработки программы ремедиации с учетом характера и масштаба причиненного экологического ущерба, вышеуказанный срок по согласованию с уполномоченным органом в области охраны окружающей среды может быть продлен до трех месяцев.

3. Уполномоченный орган в области охраны окружающей среды в течение десяти рабочих дней рассматривает представленную программу ремедиации, согласовывает ее или вносит в нее соответствующие коррективы и направляет согласованную программу ремедиации лицу, ответственному за устранение экологического ущерба.

4. В случае согласования уполномоченным органом в области охраны окружающей среды программы ремедиации или согласия лица, ответственного за устранение причиненного экологического ущерба, с коррективами уполномоченного органа в области охраны окружающей среды стороны утверждают указанную программу ремедиации.

Уполномоченный орган в области охраны окружающей среды не позднее десяти рабочих дней с момента утверждения программы ремедиации обязан разместить ее на официальном интернет-ресурсе.

5. В случае несогласия лица, ответственного за устранение причиненного экологического ущерба, с коррективами уполномоченного органа в области охраны окружающей среды или отказа такого лица от утверждения программы ремедиации соответствующее обязательство по утверждению программы ремедиации может быть возложено на лицо, ответственное за устранение причиненного экологического ущерба, в судебном порядке по иску уполномоченного органа в области охраны окружающей среды.

Статья 140. Реализация программы ремедиации

1. В случае, если срок реализации программы ремедиации превышает три месяца, лицо, ответственное за устранение причиненного экологического ущерба, направляет в уполномоченный орган в области охраны окружающей среды статус-отчет выполнения программы ремедиации в конце каждого третьего месяца с момента начала реализации программы и размещает его на интернет-ресурсе (при его наличии).

Уполномоченный орган в области охраны окружающей среды ежегодно не позднее 1 декабря размещает информацию о проводимой ремедиации на официальном интернет-ресурсе.

2. Неисполнение или ненадлежащее исполнение мероприятий, предусмотренных программой ремедиации, в установленные сроки, а также несвоевременная сдача статус-отчета влекут ответственность, предусмотренную законами Республики Казахстан.

3. По результатам завершения программы ремедиации лицо, ответственное за устранение причиненного экологического ущерба, и уполномоченный орган в области охраны окружающей среды подписывают акт завершения программы ремедиации. В случае, если мероприятия, предусмотренные программой ремедиации, не были выполнены в полном объеме, уполномоченный орган в области охраны окружающей среды отказывает в подписании акта завершения программы ремедиации и согласовывает дополнительные сроки для завершения программы ремедиации.

4. В случае, если выполнение мероприятий, предусмотренных программой ремедиации, не привело к достижению поставленных программой целей по устранению причиненного экологического ущерба, лицо, ответственное за устранение причиненного экологического ущерба, в течение одного месяца разрабатывает программу дополнительной ремедиации. Порядок согласования и утверждения программы дополнительной ремедиации соответствует порядку согласования и утверждения программы ремедиации.

5. После завершения программы ремедиации с достижением поставленных программой ремедиации целей по устранению причиненного экологического ущерба на лицо, ответственное за устранение причиненного экологического ущерба, возлагается ответственность по периодическому мониторингу состояния восстановленных компонентов природной среды. Порядок, периодичность и длительность такого мониторинга, а также порядок отчетности утверждаются уполномоченным органом в области охраны окружающей среды.

6. В случае, если по результатам мониторинга будет установлено недостижение целевых показателей реализованной программы ремедиации или программы дополнительной ремедиации, на лицо, ответственное за устранение экологического ущерба, возлагается ответственность по разработке и реализации программы дополнительной ремедиации.

7. Результаты завершенной программы ремедиации, а также результаты мониторинга подлежат обязательной публикации на официальном сайте лица, ответственного за устранение экологического ущерба, а также на сайте уполномоченного органа в области охраны окружающей среды. Публикация указанных результатов осуществляется за счет лица, ответственного за устранение причиненного экологического ущерба.

Статья 141. Срок исковой давности по требованиям, связанным с причинением экологического ущерба

Срок исковой давности по требованиям, связанным с причинением экологического ущерба, составляет тридцать лет и исчисляется с момента события, действия или бездействия, ставших причиной экологического ущерба. В случае, если экологический ущерб имел длительный характер, срок исковой давности исчисляется с момента окончания события, действия или бездействия, ставших причиной экологического ущерба.

РАЗДЕЛ 6. ОБЪЕКТЫ ИСТОРИЧЕСКОГО ЗАГРЯЗНЕНИЯ

Статья 142. Историческое загрязнение

1. Историческим загрязнением признается накопленный экологический ущерб, причиненный водам и (или) землям, который возник в результате прежней деятельности, в том числе совокупности воздействий различных видов антропогенной деятельности, обязанности по устранению которого не были выполнены либо были выполнены не в полном объеме.

2. Объектами исторического загрязнения признаются территории и акватории или их отдельные участки, на которых выявлены исторические загрязнения, а также бесхозяйные объекты капитального строительства и хранения или захоронения отходов, являющиеся источником исторического загрязнения.

Статья 143. Выявление, оценка и учет объектов исторического загрязнения

1. Выявление объектов исторического загрязнения осуществляется посредством инвентаризации и обследования территорий и акваторий, на которых в прошлом осуществлялась антропогенная деятельность и (или) на которых расположены бесхозяйные объекты капитального строительства и (или) бесхозяйные объекты хранения или захоронения отходов.

2. Правила выявления, оценки и учета объектов исторического загрязнения, в том числе ведения государственного реестра объектов исторического загрязнения, утверждаются уполномоченным органом в области охраны окружающей среды с учетом требований настоящего Кодекса (далее – правила выявления, оценки и учета объектов исторического загрязнения).

3. Выявление и оценку объектов исторического загрязнения организуют местные исполнительные органы районов, городов. По решению Правительства Республики Казахстан выявление и оценку отдельных объектов исторического загрязнения организует уполномоченный орган в области охраны окружающей среды.

Для проведения работ по выявлению и оценке объектов исторического загрязнения государственные органы, указанные в части первой настоящего пункта, привлекают организации, имеющие лицензию на выполнение работ и оказание услуг в области охраны окружающей среды, в соответствии с законодательством Республики Казахстан о государственных закупках.

4. Оценка объекта исторического загрязнения включает в себя установление:

1) объема или массы загрязняющих веществ, отходов по их видам;

2) площади территорий и акваторий или их участков, на которых расположен объект исторического загрязнения, категорий и видов разрешенных к использованию земель и вод;

3) уровня и объема негативного воздействия на окружающую среду, включая способность загрязняющих веществ к миграции в иные компоненты природной среды, возможность загрязнения водных объектов, в том числе являющихся источниками питьевого и хозяйственно-бытового водоснабжения, возможность возникновения нового экологического ущерба и причинения вреда жизни и (или) здоровью людей;

4) наличия на объекте исторического загрязнения опасных веществ, указанных в международных договорах, участницей которых является Республика Казахстан;

5) численности населения, проживающего на территории, окружающая среда на которой испытывает негативное воздействие от объекта исторического загрязнения;

6) численности населения, проживающего на территории, окружающая среда на которой находится под угрозой негативного воздействия от объекта накопленного вреда окружающей среде.

5. Учет объектов исторического загрязнения осуществляется посредством их включения в государственный реестр объектов исторического загрязнения в срок, не превышающий тридцати рабочих дней со дня получения уполномоченным органом в области охраны окружающей среды от государственных органов, указанных в пункте 3 настоящей статьи, результатов выявления и оценки объектов исторического загрязнения.

Государственный реестр объектов исторического загрязнения является электронным банком данных, в котором собираются сведения о выявленных объектах исторического загрязнения, включая информацию по результатам оценки объектов исторического загрязнения в соответствии с пунктом 4 настоящей статьи, их происхождении, имущественной принадлежности объектов исторического загрязнения и необходимых работах по ликвидации исторического загрязнения.

Ведение государственного реестра объектов исторического загрязнения за счет бюджетных средств организуется уполномоченным органом в области охраны окружающей среды.

6. Ведение государственного реестра объектов исторического загрязнения включает в себя:

1) рассмотрение материалов выявления и оценки объектов исторического загрязнения;

2) принятие решения о включении или об отказе во включении в государственный реестр объектов исторического загрязнения;

3) категорирование объектов исторического загрязнения;

4) обновление информации об объекте исторического загрязнения;

5) исключение из государственного реестра объектов исторического загрязнения.

7. Категорирование объектов исторического загрязнения осуществляется в отношении объектов исторического загрязнения, включенных в государственный реестр объектов исторического загрязнения.

Категорирование объектов исторического загрязнения проводится посредством сопоставления их влияния на экологическую безопасность в целях обоснования приоритетности и очередности проведения работ по ликвидации исторического загрязнения, а также принятия иных неотложных мер.

По результатам категорирования объектов исторического загрязнения уполномоченным органом в области охраны окружающей среды определяются приоритетные объекты, в отношении которых проведение работ по ликвидации исторического загрязнения, а также принятие иных неотложных мер должны быть осуществлены в первоочередном порядке, и очередность проведения работ по ликвидации в отношении иных объектов исторического загрязнения, включенных в государственный реестр объектов исторического загрязнения.

8. Государственный реестр объектов исторического загрязнения размещается в открытом доступе на интернет-ресурсе уполномоченного органа в области охраны окружающей среды.

Статья 144. Ликвидация исторического загрязнения

1. Ликвидация исторического загрязнения осуществляется в отношении объектов исторического загрязнения, включенных в государственный реестр объектов исторического загрязнения, с учетом определенных в таком реестре приоритетности и очередности.

2. Ликвидация исторического загрязнения осуществляется в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

Отчет о проведенной работе по ликвидации исторического загрязнения публикуется на интернет-ресурсе уполномоченного органа в области охраны окружающей среды.

3. Ликвидацию исторического загрязнения организуют местные исполнительные органы районов, городов. По решению Правительства Республики Казахстан ликвидацию исторического загрязнения в отношении отдельных объектов организует уполномоченный орган в области охраны окружающей среды.

Работы по ликвидации исторического загрязнения включают в себя проведение необходимых обследований, в том числе инженерных изысканий, разработку проекта работ по ликвидации исторического загрязнения, его согласование и утверждение, проведение работ по ликвидации исторического загрязнения, контроль и приемку выполненных работ и дальнейший мониторинг состояния окружающей среды.

Для проведения работ по ликвидации исторического загрязнения государственные органы, указанные в части первой настоящего пункта, привлекают организации в соответствии с законодательством Республики Казахстан о государственных закупках.

4. Финансирование работ по ликвидации исторического загрязнения осуществляется за счет бюджетных средств.

РАЗДЕЛ 7. ЛИКВИДАЦИЯ ПОСЛЕДСТВИЙ ДЕЯТЕЛЬНОСТИ НА ОБЪЕКТАХ, ОКАЗЫВАЮЩИХ НЕГАТИВНОЕ ВОЗДЕЙСТВИЕ НА ОКРУЖАЮЩУЮ СРЕДУ

Статья 145. Общие положения о ликвидации последствий деятельности на объектах, оказывающих негативное воздействие на окружающую среду

1. После прекращения эксплуатации объектов, оказывающих негативное воздействие на окружающую среду, операторы объектов обязаны обеспечить ликвидацию последствий эксплуатации таких объектов в соответствии с требованиями законодательства Республики Казахстан.

2. В рамках ликвидации последствий эксплуатации объектов, оказывающих негативное воздействие на окружающую среду, должны быть проведены работы по приведению земельных участков в состояние, обеспечивающее безопасность жизни и (или) здоровья людей, охрану окружающей среды и пригодное для их дальнейшего использования по целевому назначению, в порядке, предусмотренном земельным законодательством Республики Казахстан, а также в зависимости от характера таких объектов – по постутилизации объектов строительства, ликвидации последствий недропользования, ликвидации и консервации гидрогеологических скважин, закрытию полигонов и иных мест хранения и удаления отходов, в том числе радиоактивных, мероприятия по безопасному прекращению деятельности по обращению с объектами использования атомной энергии и иные работы, предусмотренные законами Республики Казахстан.

Статья 146. Финансирование ликвидации последствий эксплуатации объектов, оказывающих негативное воздействие на окружающую среду

1. Ликвидация последствий эксплуатации объектов, оказывающих негативное воздействие на окружающую среду, проводится за счет лица, являющегося оператором такого объекта на момент прекращения эксплуатации объекта.

2. В случаях, предусмотренных настоящим Кодексом, оператор объекта обязан предоставить финансовое обеспечение исполнения своих обязательств по ликвидации последствий эксплуатации объектов, оказывающих негативное воздействие на окружающую среду. Предоставление такого обеспечения не освобождает оператора объекта от исполнения обязательств по ликвидации последствий эксплуатации объектов, оказывающих негативное воздействие на окружающую среду.

Статья 147. Финансовое обеспечение требований по обязательствам, связанным с ликвидацией последствий осуществления деятельности

1. Операторы объектов I категории должны предоставить уполномоченному органу в области охраны окружающей среды финансовое обеспечение исполнения своих обязательств по ликвидации последствий эксплуатации таких объектов, в том числе в отношении требований, которые возникнут в будущем (далее – финансовое обеспечение).

2. Финансовое обеспечение осуществляется в пользу Республики Казахстан.

3. В случае неисполнения (ненадлежащего исполнения) оператором объекта I категории своих обязательств по ликвидации последствий эксплуатации такого объекта в срок, установленный законами Республики Казахстан, сумма предоставленного финансового обеспечения подлежит взысканию в пользу Республики Казахстан уполномоченным органом в области охраны окружающей среды и в таком случае соответствующие обязанности исполняются государством за счет взысканной суммы.

Если взысканная в пользу Республики Казахстан сумма финансового обеспечения окажется недостаточной для покрытия расходов по соответствующему проекту ликвидации последствий эксплуатации объекта I категории, государство вправе получить недостающую сумму из имущества оператора соответствующего объекта.

4. Финансовое обеспечение предоставляется в виде:

1) гарантии;

2) залога банковского вклада;

3) залога имущества;

4) страхования.

5. Финансовое обеспечение должно быть предоставлено через три года после ввода объекта I категории в эксплуатацию.

6. Финансовое обеспечение предоставляется в одном из нескольких видов финансового обеспечения, предусмотренных пунктом 4 настоящей статьи, или в их сочетании по выбору оператора объекта I категории при условии, что доля финансового обеспечения в виде залога банковского вклада должна составлять:

1) по истечении десяти лет с даты ввода в эксплуатацию объекта – не менее пятидесяти процентов от общей суммы финансового обеспечения;

2) по истечении двадцати лет с даты ввода в эксплуатацию объекта – сто процентов от общей суммы финансового обеспечения.

7. При условии соблюдения требований пункта 6 настоящей статьи оператор объекта I категории вправе осуществить замену одного вида финансового обеспечения на другой вид, за исключением случаев, когда на заменяемое финансовое обеспечение уполномоченным органом в области охраны окружающей среды обращено взыскание в соответствии с законодательством Республики Казахстан.

8. Оператор объекта I категории обязан обеспечить наличие финансового обеспечения непрерывно до полного исполнения всех своих обязательств по ликвидации последствий эксплуатации такого объекта.

9. Размер финансового обеспечения определяется в соответствии с методикой, утвержденной уполномоченным органом в области охраны окружающей среды, исходя из расчетной стоимости работ по ликвидации последствий эксплуатации объекта I категории и подлежит перерасчету каждые семь лет.

10. В стоимость работ по ликвидации последствий эксплуатации объекта I категории должны быть включены административные и управленческие расходы, а также расходы на:

1) демонтаж и снос капитальных строений (зданий, сооружений, комплексов);

2) демонтаж и удаление технологического оборудования;

3) восстановление, утилизацию и (или) удаление отходов;

4) рекультивацию нарушенных земель;

5) мониторинг качества поверхностных и подземных вод, атмосферного воздуха, состояния почвы и растительности;

6) выполнение иных работ по ликвидации последствий эксплуатации объекта I категории, предусмотренных условиями комплексного экологического разрешения.

11. Финансовое обеспечение в соответствии с настоящей статьей не требуется для:

1) объектов I категории, в отношении которых недропользователем предоставлено обеспечение исполнения обязательств по ликвидации последствий недропользования или сформирован ликвидационный фонд в соответствии с законодательством Республики Казахстан о недрах и недропользовании;

2) полигонов, в отношении которых оператором таких объектов сформирован ликвидационный фонд в соответствии с пунктом 16 статьи 350 настоящего Кодекса.

12. Запрещается эксплуатация объектов I категории без финансового обеспечения, предоставляемого в соответствии с настоящим Кодексом, за исключением случаев, предусмотренных пунктом 11 настоящей статьи.

В случае эксплуатации объекта I категории без финансового обеспечения уполномоченный орган в области охраны окружающей среды обращается в суд с иском о приостановлении или запрещении эксплуатации такого объекта.

13. Передача объекта I категории оператором в собственность или иное законное пользование новому оператору не освобождает предыдущего оператора от обязательств по ликвидации последствий эксплуатации объекта, устранению причиненного в процессе такой эксплуатации экологического ущерба и наличию финансового обеспечения до предоставления таким новым оператором финансового обеспечения в соответствии с настоящей статьей.

14. Если по не зависящим от оператора объекта I категории причинам предоставленное им финансовое обеспечение перестало соответствовать требованиям настоящего Кодекса или прекратилось, такой оператор обязан в течение шестидесяти календарных дней предоставить новое финансовое обеспечение, соответствующее требованиям настоящего Кодекса. Если в течение указанного срока такая замена не будет произведена, оператор обязан незамедлительно приостановить эксплуатацию соответствующего объекта I категории. Возобновление эксплуатации такого объекта I категории допускается только после предоставления финансового обеспечения, соответствующего требованиям настоящего Кодекса.

15. Порядок учета принятого финансового обеспечения определяется уполномоченным органом в области охраны окружающей среды.

Статья 148. Применение гарантии в качестве финансового обеспечения

1. В силу гарантии, предоставленной в качестве финансового обеспечения в соответствии с требованиями статьи 147 настоящего Кодекса, гарант обязуется перед Республикой Казахстан отвечать в пределах суммы денег, определяемой в соответствии с настоящим Кодексом, в случае неисполнения (ненадлежащего исполнения) оператором своих обязательств, указанных в пункте 1 статьи 147 настоящего Кодекса, в срок, установленный законами Республики Казахстан.

2. Гарантом может выступать банк второго уровня Республики Казахстан, иностранный банк либо организация, акции которой обращаются на организованном рынке ценных бумаг. Если гарантом выступает иностранный банк или организация, акции которой обращаются на организованном рынке ценных бумаг, такие гаранты должны соответствовать условиям по минимальному индивидуальному кредитному рейтингу в иностранной валюте, определяемым уполномоченным органом в области охраны окружающей среды.

3. Обязательство банка по гарантии, выданной им в соответствии с настоящей статьей, прекращается не ранее завершения ликвидации последствий эксплуатации объекта I категории.

4. Гарантия предоставляется на казахском и русском языках в соответствии с типовой формой, утверждаемой уполномоченным органом в области охраны окружающей среды.

Гарантия, выданная иностранным лицом, может быть составлена на иностранном языке с обязательным переводом на казахский и русский языки, верность которого должна быть засвидетельствована нотариусом.

5. Уполномоченный орган в области охраны окружающей среды в качестве финансового обеспечения принимает договор гарантии, заключенный в соответствии с гражданским законодательством Республики Казахстан.

Для принятия гарантии оператор объекта I категории представляет в уполномоченный орган в области охраны окружающей среды заявление по форме, утвержденной уполномоченным органом в области охраны окружающей среды, с приложением договора гарантии.

Уполномоченный орган в области охраны окружающей среды не позднее трех рабочих дней со дня регистрации указанного в части второй настоящего пункта заявления принимает гарантию в качестве финансового обеспечения или отказывает в ее приеме с уведомлением заявителя в письменной или электронной форме в тот же срок.

6. Уполномоченный орган в области охраны окружающей среды отказывает в принятии гарантии в качестве финансового обеспечения в одном из следующих случаев:

1) представленный договор гарантии не соответствует требованиям, установленным законодательством Республики Казахстан;

2) гарант не соответствует требованиям пункта 2 настоящей статьи;

3) гарант ранее не исполнил требование уполномоченного органа в области охраны окружающей среды об уплате причитающихся сумм, за исключением случаев, когда такое требование признано судом незаконным в соответствии с законодательством Республики Казахстан.

Статья 149. Применение залога банковского вклада в качестве финансового обеспечения

1. В силу залога банковского вклада Республика Казахстан (залогодержатель) имеет право в случае неисполнения (ненадлежащего исполнения) оператором (залогодателем) объекта I категории своих обязательств, указанных в пункте 1 статьи 147 настоящего Кодекса, в срок, установленный законами Республики Казахстан, получить удовлетворение из суммы заложенного банковского вклада преимущественно перед другими кредиторами оператора.

2. Предметом залога в соответствии с настоящей статьей может быть только банковский вклад, размещенный в банке второго уровня Республики Казахстан или у Национального оператора почты.

3. Вклад может быть внесен в тенге или иностранной валюте.

4. Перезалог банковского вклада, являющегося финансовым обеспечением, запрещается.

5. Порядок удовлетворения требований залогодержателя в случае ликвидации оператора объекта I категории, являющегося юридическим лицом, включая его банкротство, регулируется гражданским законодательством Республики Казахстан.

6. Уполномоченный орган в области охраны окружающей среды в качестве финансового обеспечения принимает залог банковского вклада на основании договора залога банковского вклада.

Для заключения договора залога банковского вклада оператор объекта I категории представляет в уполномоченный орган в области охраны окружающей среды заявление по форме, утвержденной уполномоченным органом в области охраны окружающей среды, с приложением копии договора банковского вклада и справки о наличии банковского вклада.

7. Договор залога банковского вклада заключается между оператором объекта I категории и (или) третьим лицом в качестве залогодателя, уполномоченным органом в области охраны окружающей среды в качестве залогодержателя и банком второго уровня Республики Казахстан или Национальным оператором почты в соответствии с типовым договором залога банковского вклада в качестве финансового обеспечения исполнения обязательств по ликвидации последствий эксплуатации объекта I категории, утвержденным уполномоченным органом в области охраны окружающей среды.

8. Договор залога банковского вклада заключается в течение десяти рабочих дней со дня получения заявления оператора объекта I категории о заключении договора залога банковского вклада.

9. Уполномоченный орган в области охраны окружающей среды не позднее трех рабочих дней со дня заключения договора залога банковского вклада принимает такой договор в качестве финансового обеспечения с уведомлением заявителя в письменной или электронной форме в тот же срок.

Сноска. Статья 149 с изменениями, внесенными Законом РК от 28.12.2023 № 52-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 150. Применение залога имущества в качестве финансового обеспечения

1. В силу залога имущества Республика Казахстан (залогодержатель) имеет право в случае неисполнения (ненадлежащего исполнения) оператором (залогодателем) объекта I категории своих обязательств, указанных в пункте 1 статьи 147 настоящего Кодекса, в срок, установленный законами Республики Казахстан, обратить взыскание на заложенное имущество преимущественно перед другими кредиторами оператора.

2. Порядок удовлетворения требований залогодержателя в случае ликвидации оператора объекта I категории, являющегося юридическим лицом, включая его банкротство, регулируется гражданским законодательством Республики Казахстан.

3. Уполномоченный орган в области охраны окружающей среды в качестве финансового обеспечения принимает в залог имущество на основании договора залога имущества, заключенного в соответствии с гражданским законодательством Республики Казахстан.

Для заключения договора залога имущества оператор объекта I категории представляет в уполномоченный орган в области охраны окружающей среды заявление по форме, утвержденной уполномоченным органом в области охраны окружающей среды, с приложением отчета оценщика об оценке рыночной стоимости залогового имущества.

4. Договор залога имущества заключается между оператором объекта I категории и (или) третьим лицом в качестве залогодателя и уполномоченным органом в области охраны окружающей среды в качестве залогодержателя по типовой форме, утвержденной уполномоченным органом в области охраны окружающей среды.

Договор залога имущества заключается в течение десяти рабочих дней со дня получения заявления оператора объекта I категории о заключении договора залога имущества.

Рыночной стоимостью предмета залога в качестве финансового обеспечения является стоимость, определенная в отчете об оценке, произведенной по договору между оценщиком и залогодателем в соответствии с законодательством Республики Казахстан об оценочной деятельности.

Отчет оценщика об оценке рыночной стоимости залогового имущества должен быть составлен не ранее пятнадцати календарных дней до даты подачи оператором объекта I категории заявления в уполномоченный орган в области охраны окружающей среды о заключении договора залога имущества.

5. Договор залога имущества заключается при условии, что имущество, предоставляемое в залог, является застрахованным от утраты или повреждения.

6. Предметом залога имущества в качестве финансового обеспечения может быть любое имущество, за исключением:

1) объектов жизнеобеспечения;

2) арестованного имущества;

3) имущества, на которое государственными органами наложены ограничения;

4) имущества, обремененного правами третьих лиц;

5) имущества, изъятого из гражданского оборота в соответствии с законодательством Республики Казахстан;

6) электрической, тепловой энергии и иных видов энергии;

7) скоропортящихся товаров;

8) имущественных прав, за исключением случаев залога банковского вклада в соответствии со статьей 149 настоящего Кодекса;

9) имущества, находящегося за пределами Республики Казахстан.

7. При несоблюдении условий, установленных пунктами 5 и 6 настоящей статьи, уполномоченный орган в области охраны окружающей среды отказывает в заключении договора залога имущества не позднее десяти рабочих дней с даты подачи оператором объекта I категории заявления в уполномоченный орган в области охраны окружающей среды о заключении договора залога имущества.

Уполномоченный орган в области охраны окружающей среды уведомляет оператора объекта I категории об отказе в заключении договора залога имущества не позднее одного рабочего дня со дня принятия такого решения.

8. При залоге имущества предмет залога остается у залогодателя, если уполномоченный орган в области охраны окружающей среды не примет иного решения.

Залогодатель не вправе распоряжаться предметом залога до исполнения оператором объекта I категории обязательств по ликвидации последствий эксплуатации объекта I категории, обеспеченных договором залога имущества.

9. Оформление залога имущества осуществляется в соответствии с гражданским законодательством Республики Казахстан.

Статья 151. Применение договора страхования в качестве финансового обеспечения

1. Для обеспечения своих обязательств по ликвидации последствий эксплуатации объекта I категории оператор объекта вправе заключить со страховой организацией договор страхования, в силу которого неисполнение или ненадлежащее исполнение оператором объекта обязательств по ликвидации последствий эксплуатации объекта I категории в предусмотренном законодательством Республики Казахстан порядке (страховой случай) влечет выплату страховой суммы в пользу Республики Казахстан (выгодоприобретатель).

2. Уполномоченный орган в области охраны окружающей среды в качестве финансового обеспечения принимает договоры, заключенные со страховыми организациями, имеющими лицензию на право осуществления страховой деятельности.

Договор страхования, указанный в пункте 1 настоящей статьи, заключается в соответствии с типовым договором страхования в качестве финансового обеспечения исполнения обязательств по ликвидации последствий эксплуатации объекта I категории, утвержденным уполномоченным органом в области охраны окружающей среды по согласованию с уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций.

Объектом договора страхования в качестве финансового обеспечения является имущественный интерес оператора объекта I категории, связанный с исполнением его обязательств по ликвидации последствий эксплуатации объекта I категории.

Страховым случаем по договору страхования в качестве финансового обеспечения признается факт неисполнения или ненадлежащего исполнения в установленный настоящим Кодексом срок обязательств по ликвидации последствий эксплуатации объекта I категории.

Для принятия договора страхования оператор объекта I категории представляет в уполномоченный орган в области охраны окружающей среды заявление по форме, утвержденной уполномоченным органом в области охраны окружающей среды, с приложением договора страхования.

Уполномоченный орган в области охраны окружающей среды не позднее трех рабочих дней со дня регистрации указанного заявления принимает договор страхования в качестве финансового обеспечения или отказывает в его приеме с уведомлением заявителя в письменной или электронной форме в тот же срок.

3. Уполномоченный орган в области охраны окружающей среды отказывает в принятии договора страхования в качестве финансового обеспечения в одном из следующих случаев:

1) представленный договор страхования не соответствует типовому договору страхования в качестве финансового обеспечения исполнения обязательств по ликвидации последствий эксплуатации объекта I категории;

2) страховая организация, заключившая договор страхования, представленный в качестве финансового обеспечения, на день регистрации заявления о принятии договора страхования в качестве финансового обеспечения ранее не исполнила требование уполномоченного органа в области охраны окружающей среды о страховой выплате, за исключением случаев, когда такое требование признано судом незаконным в соответствии с законодательством Республики Казахстан.

4. Требование уполномоченного органа в области охраны окружающей среды о страховой выплате подлежит безусловному и обязательному исполнению страховой организацией в течение двух рабочих дней со дня получения такого требования. Страховая организация при неисполнении или нарушении сроков исполнения указанного требования несет ответственность, установленную законами Республики Казахстан.

РАЗДЕЛ 8. ГОСУДАРСТВЕННЫЙ МОНИТОРИНГ ОКРУЖАЮЩЕЙ СРЕДЫ И ПРИРОДНЫХ РЕСУРСОВ

Статья 152. Единая государственная система мониторинга окружающей среды и природных ресурсов

1. Единая государственная система мониторинга окружающей среды и природных ресурсов представляет собой обеспечиваемую государством многоцелевую систему, которая объединяет все действующие в Республике Казахстан системы, подсистемы и виды мониторинга, охватывающие прямо или косвенно вопросы охраны окружающей среды, охраны, воспроизводства и использования природных ресурсов, охраны жизни и (или) здоровья людей от воздействия вредных факторов природной и антропогенной среды, а также воздействия изменения климата и прогнозируемых воздействий изменения климата.

2. Единая государственная система мониторинга окружающей среды и природных ресурсов включает в себя следующие элементы:

1) участников Единой государственной системы мониторинга окружающей среды и природных ресурсов;

2) системы, подсистемы и виды мониторинга, включенные в соответствии с настоящим Кодексом в структуру Единой государственной системы мониторинга окружающей среды и природных ресурсов;

3) информационную систему "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан".

3. Задачами Единой государственной системы мониторинга окружающей среды и природных ресурсов являются:

1) регулярные наблюдения за состоянием окружающей среды и природных ресурсов, за происходящими в них процессами, явлениями и изменениями, оценка, прогнозирование и контроль таких изменений;

2) сбор, накопление, хранение, учет, систематизация, обобщение, обработка и анализ данных мониторинга окружающей среды и природных ресурсов;

3) обеспечение взаимодействия, координации и информационного обмена между участниками Единой государственной системы мониторинга окружающей среды и природных ресурсов в целях принятия ими управленческих и хозяйственных решений, а также осуществления функций в пределах компетенций, установленных законодательством Республики Казахстан;

4) обеспечение государственных органов, физических и юридических лиц достоверной и сопоставимой информацией о состоянии окружающей среды, в том числе природной среды (ее компонентов, природных и природно-антропогенных объектов, природных комплексов, биоразнообразия) и антропогенной среды, а также о вредных факторах природной и антропогенной среды, влияющих на жизнь и (или) здоровье людей и окружающую среду в целом.

4. Функционирование Единой государственной системы мониторинга окружающей среды и природных ресурсов осуществляется на основе единого организационного, методологического, метрологического и информационного подхода, обеспечивающего сопоставимость данных и совместимость информационных ресурсов.

5. Правительство Республики Казахстан утверждает правила организации и функционирования Единой государственной системы мониторинга окружающей среды и природных ресурсов, которые должны содержать:

1) единые организационные, методологические, метрологические и иные требования к сбору, накоплению, хранению, учету, систематизации, обобщению, обработке и анализу данных Единой государственной системы мониторинга окружающей среды и природных ресурсов;

2) порядок взаимодействия и координации рабочих процессов между участниками Единой государственной системы мониторинга окружающей среды и природных ресурсов;

3) порядок формирования и функционирования информационной системы "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан", ее структуру и источники информации, а также правила, уровни, порядок и условия доступа к ней участников Единой государственной системы мониторинга окружающей среды и природных ресурсов и иных государственных органов, физических и юридических лиц.

6. Координация рабочих процессов между участниками Единой государственной системы мониторинга окружающей среды и природных ресурсов осуществляется уполномоченным органом в области охраны окружающей среды.

7. Обмен информацией между участниками Единой государственной системы мониторинга окружающей среды и природных ресурсов, в том числе в рамках информационной системы "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан", осуществляется на безвозмездной основе.

8. Наблюдения за состоянием окружающей среды и природных ресурсов в рамках систем, подсистем и видов мониторинга, включенных в структуру Единой государственной системы мониторинга окружающей среды и природных ресурсов, проводятся в том числе с использованием данных дистанционного зондирования Земли.

Сноска. Статья 152 с изменением, внесенным Законом РК от 21.12.2022 № 167-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 153. Участники Единой государственной системы мониторинга окружающей среды и природных ресурсов

Участниками Единой государственной системы мониторинга окружающей среды и природных ресурсов являются:

1) уполномоченный орган в области охраны окружающей среды;

2) специально уполномоченные государственные органы;

3) организации, уполномоченные на осуществление видов мониторинга, включенных в структуру Единой государственной системы мониторинга окружающей среды и природных ресурсов;

4) физические и юридические лица, которые в соответствии с настоящим Кодексом обязаны осуществлять производственный экологический контроль.

Статья 154. Структура Единой государственной системы мониторинга окружающей среды и природных ресурсов

1. Единая государственная система мониторинга окружающей среды и природных ресурсов включает в себя следующие системы мониторинга:

1) экологический мониторинг;

2) мониторинг природных ресурсов;

3) специальный мониторинг;

4) метеорологический и гидрологический мониторинг;

5) мониторинг состояния окружающей среды.

2. Правилами организации и функционирования Единой государственной системы мониторинга окружающей среды и природных ресурсов, утверждаемыми Правительством Республики Казахстан, в структуру Единой государственной системы мониторинга окружающей среды и природных ресурсов могут быть включены дополнительные системы, подсистемы и виды мониторинга.

Статья 155. Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан

1. Накопление, хранение, систематизация, интеграция и обеспечение автоматизированного обмена данными, взаимодействия и координации рабочих процессов между участниками Единой государственной системы мониторинга окружающей среды и природных ресурсов, а также автоматизация предоставления доступа к информации для физических и юридических лиц осуществляются посредством функционирования информационной системы "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан".

2. Организация создания, функционирования, ведения и эксплуатации информационной системы "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан", а также обеспечение координации всех связанных с этим рабочих процессов осуществляются уполномоченным органом в области охраны окружающей среды.

3. Информационная система "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан" должна обеспечивать интеграцию и автоматизированный обмен данными:

1) банков данных систем, подсистем и видов мониторинга, включенных в структуру Единой государственной системы мониторинга окружающей среды и природных ресурсов;

2) государственных кадастров природных ресурсов;

3) государственного кадастра отходов;

4) государственного климатического кадастра;

5) государственного углеродного кадастра;

6) государственного кадастра потребления озоноразрушающих веществ;

7) регистра выбросов и переноса загрязнителей Республики Казахстан;

8) государственного реестра экологических разрешений и деклараций о воздействии на окружающую среду;

9) реестра субъектов предпринимательства в сфере управления отходами;

10) государственного реестра объектов исторического загрязнения.

4. Система программных средств в рамках информационной системы "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан" позволяет осуществлять накопление, хранение и обработку данных на единой методической основе, обеспечивать автоматизированный и эффективный обмен данными между различными ее уровнями, а также государственными кадастрами, реестрами, регистрами, банками данных систем, подсистем и видов мониторинга, включенных в структуру Единой государственной системы мониторинга окружающей среды и природных ресурсов.

5. Участники Единой государственной системы мониторинга окружающей среды и природных ресурсов несут предусмотренную законами Республики Казахстан ответственность за достоверность данных, предоставляемых ими в рамках информационной системы "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан".

Статья 156. Условия доступа к Национальному банку данных о состоянии окружающей среды и природных ресурсов Республики Казахстан

1. Доступ к информационной системе "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан" предоставляется с соблюдением следующих условий:

1) уполномоченный орган в области охраны окружающей среды, специально уполномоченные государственные органы и организации, уполномоченные на осуществление видов мониторинга, включенных в структуру Единой государственной системы мониторинга окружающей среды и природных ресурсов, имеют право неограниченного доступа ко всей информации (первичным данным и информационной продукции) с возможностью ознакомления, копирования и воспроизводства;

2) физические и юридические лица имеют право неограниченного доступа ко всей информационной продукции с возможностью ознакомления, копирования и воспроизводства, за исключением информации, составляющей государственные секреты, коммерческую и иную охраняемую законом тайну.

2. Под первичными данными понимаются данные, полученные по результатам видов мониторинга и не подвергнутые обобщению, обработке или анализу. Необработанные данные производственного мониторинга, в том числе данные, полученные из автоматизированной системы мониторинга эмиссий в окружающую среду, относятся к первичным данным.

3. Под информационной продукцией понимается информация, являющаяся результатом обобщения, обработки и анализа первичных данных. К информационной продукции относятся аналитические отчеты, справки, доклады, иные документы текстового содержания, картографическая информация, статистические формы и отчетность, отчетность по производственному экологическому контролю, а также иная информация агрегированного (статистического) характера.

4. Доступ к информационной системе "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан" предоставляется на безвозмездной основе.

Статья 157. Уровни Единой государственной системы мониторинга окружающей среды и природных ресурсов

1. Ведение Единой государственной системы мониторинга окружающей среды и природных ресурсов осуществляется на трех уровнях:

1) на местном уровне проводятся производственный мониторинг, общественный мониторинг и виды мониторинга, организуемые местными исполнительными органами на конкретных участках населенных пунктов, земель вне населенных пунктов, поверхностных и подземных водных объектов, на особо охраняемых природных территориях;

2) на региональном уровне проводятся виды мониторинга в пределах административно-территориальных единиц с учетом физико-географических и экономических особенностей регионов, наличия экологически нагруженных зон и комплекса природных и антропогенных факторов, оказывающих влияние на состояние окружающей среды и использование природных ресурсов;

3) на республиканском уровне проводится мониторинг, охватывающий всю территорию Республики Казахстан с выделением при необходимости крупных регионов и отдельных объектов, имеющих общегосударственное значение.

2. Деятельность по мониторингу окружающей среды и природных ресурсов на всех уровнях осуществляется с соблюдением требований, установленных законодательством Республики Казахстан в области технического регулирования, об обеспечении единства измерений и об аккредитации в области оценки соответствия.

Статья 158. Финансирование Единой государственной системы мониторинга окружающей среды и природных ресурсов

1. Единая государственная система мониторинга окружающей среды и природных ресурсов финансируется за счет бюджетных средств и иных источников, не запрещенных законодательством Республики Казахстан.

2. Финансирование Единой государственной системы мониторинга окружающей среды и природных ресурсов за счет бюджетных средств направлено на осуществление следующих видов деятельности:

1) создание и поддержание функционирования системы мониторинга на республиканском уровне;

2) создание научно-технической продукции для обеспечения функционирования и развития систем, подсистем и видов мониторинга, выполнения научно-технических программ;

3) создание и поддержание функционирования системы мониторинга на территориальном уровне, создание научно-технической продукции в целях ее развития;

4) создание и поддержание функционирования информационной системы "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан".

Статья 159. Экологический мониторинг

1. Экологический мониторинг представляет собой обеспечиваемую государством комплексную систему наблюдений, измерений, сбора, накопления, хранения, учета, систематизации, обобщения, обработки и анализа полученных данных в отношении качества окружающей среды, а также производства на их основе экологической информации.

2. Экологический мониторинг осуществляется на систематической основе в целях:

1) оценки качества окружающей среды;

2) определения и анализа антропогенных и природных факторов воздействия на окружающую среду;

3) прогноза и контроля изменений состояния окружающей среды под воздействием антропогенных и природных факторов;

4) информационного обеспечения государственных органов, физических и юридических лиц при принятии ими хозяйственных и управленческих решений, направленных на охрану окружающей среды, обеспечение экологической безопасности и экологических основ устойчивого развития;

5) обеспечения права всех физических и юридических лиц на доступ к экологической информации.

3. Объектами экологического мониторинга являются:

1) объекты, указанные в подпунктах 2) – 8) пункта 6 статьи 166 настоящего Кодекса;

2) качество подземных вод;

3) воздействия объектов I и II категорий на окружающую среду;

4) состояние экологических систем и предоставляемых ими экосистемных услуг;

5) особо охраняемые природные территории, включая естественное течение природных процессов и влияние изменений состояния окружающей среды на экологические системы особо охраняемых природных территорий;

6) воздействия изменения климата;

7) отходы и управление ими.

4. Экологический мониторинг основывается на:

1) наблюдениях и измерениях, осуществляемых уполномоченным органом в области охраны окружающей среды и (или) специально уполномоченными организациями в соответствии с настоящим Кодексом;

2) наблюдениях и измерениях, осуществляемых специально уполномоченными государственными органами, иными государственными органами и организациями в рамках их компетенций, определенных законами Республики Казахстан;

3) официальной статистической информации, производимой в соответствии с законодательством Республики Казахстан в области государственной статистики;

4) информации, предоставляемой государственными органами по запросу уполномоченного органа в области охраны окружающей среды или в рамках Единой государственной системы мониторинга окружающей среды и природных ресурсов, а также размещаемой государственными органами в открытом доступе;

5) наблюдениях и измерениях, осуществляемых физическими и юридическими лицами в рамках обязательного производственного экологического контроля;

6) иной информации, получаемой уполномоченным органом в области охраны окружающей среды от государственных и негосударственных юридических лиц.

5. Лица, которые в соответствии с настоящим Кодексом обязаны осуществлять производственный экологический контроль, обеспечивают сбор, накопление, хранение, учет, обработку и безвозмездную передачу соответствующих данных уполномоченному органу в области охраны окружающей среды для целей экологического мониторинга.

6. В рамках экологического мониторинга уполномоченным органом в области охраны окружающей среды осуществляются также сбор и подготовка данных в целях выполнения обязательств Республики Казахстан по предоставлению экологической информации в соответствии с международными договорами Республики Казахстан.

Статья 160. Мониторинг природных ресурсов

1. Мониторинг природных ресурсов представляет собой совокупность систем, подсистем и видов мониторинга состояния видов природных ресурсов, организуемых специально уполномоченными государственными органами в соответствии с законами Республики Казахстан.

2. Мониторинг природных ресурсов включает в себя:

1) мониторинг земель, проводимый в соответствии с земельным законодательством Республики Казахстан;

2) государственный мониторинг водных объектов, проводимый в соответствии с водным законодательством Республики Казахстан;

3) государственный мониторинг недр, проводимый в соответствии с законодательством Республики Казахстан о недрах и недропользовании;

4) государственный мониторинг лесов, проводимый в соответствии с лесным законодательством Республики Казахстан;

5) мониторинг животного мира, проводимый в соответствии с законодательством Республики Казахстан в области охраны, воспроизводства и использования животного мира;

6) государственный мониторинг растительного мира, проводимый в соответствии с законодательством Республики Казахстан в области охраны, защиты, восстановления и использования растительного мира.

3. Данные мониторинга природных ресурсов обобщаются в соответствующих государственных кадастрах согласно законодательству Республики Казахстан.

Сноска. Статья 160 с изменением, внесенным Законом РК от 02.01.2023 № 184-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 161. Виды специального мониторинга

1. Специальный мониторинг включает в себя следующие виды:

1) мониторинг военно-испытательных полигонов – систему наблюдений за загрязнением окружающей среды, обусловленных испытанием военной техники, в том числе ракетной, и вооружения на территории закрытых и действующих военно-испытательных полигонов;

2) мониторинг ракетно-космического комплекса "Байконур" – систему наблюдений за состоянием окружающей среды на территориях, подверженных влиянию ракетно-космической деятельности комплекса "Байконур", организацию функционирования которой осуществляет уполномоченный орган в области космической деятельности;

3) санитарно-эпидемиологический мониторинг, проводимый в соответствии с законодательством Республики Казахстан в области здравоохранения;

4) мониторинг экологической обстановки в зонах чрезвычайной экологической ситуации и зонах экологического бедствия, проводимый в соответствии со статьей 410 настоящего Кодекса;

5) космический мониторинг – систему наблюдений за состоянием окружающей среды с использованием средств дистанционного зондирования Земли из космоса, организацию функционирования которой осуществляет уполномоченный орган в области космической деятельности в соответствии с законодательством Республики Казахстан в области космической деятельности.

2. Организация видов специального мониторинга, указанных в подпунктах 1) и 4) пункта 1 настоящей статьи, осуществляется уполномоченным органом в области охраны окружающей среды.

РАЗДЕЛ 9. ДЕЯТЕЛЬНОСТЬ В СФЕРЕ МЕТЕОРОЛОГИЧЕСКОГО МОНИТОРИНГА, ГИДРОЛОГИЧЕСКОГО МОНИТОРИНГА И МОНИТОРИНГА СОСТОЯНИЯ ОКРУЖАЮЩЕЙ СРЕДЫ

Глава 10. ОБЩИЕ ПОЛОЖЕНИЯ

Статья 162. Метеорологический мониторинг

1. Метеорологический мониторинг представляет собой деятельность в области метеорологии, включающую наблюдения, сбор, обработку, анализ, хранение данных, производство метеорологической и агрометеорологической информации, в том числе подготовку метеорологических и агрометеорологических прогнозов, и предоставление указанной информации государственным органам, физическим и юридическим лицам.

Метеорологической информацией являются первичные данные, полученные по результатам метеорологических наблюдений, а также оперативная, режимная, климатическая и прогностическая информация, являющаяся результатом обработки и анализа первичных метеорологических данных.

2. Метеорологический мониторинг проводится в целях определения состояния и развития естественных метеорологических параметров, атмосферных явлений и процессов в атмосфере при их взаимодействии с другими компонентами природной среды и определения климатических характеристик для обеспечения государственных органов, физических и юридических лиц информацией о погоде, составления краткосрочных, среднесрочных, долгосрочных метеорологических, агрометеорологических прогнозов и штормовых предупреждений о возможности возникновения опасных и стихийных метеорологических явлений (в том числе сходов снежных лавин).

3. Производителями метеорологической информации являются Национальная гидрометеорологическая служба, поставщики аэронавигационного обслуживания, ведомственные метеорологические службы Вооруженных Сил Республики Казахстан, юридические лица, а также индивидуальные предприниматели, осуществляющие производство метеорологической информации.

Статья 163. Гидрологический мониторинг

1. Гидрологический мониторинг представляет собой деятельность в области гидрологии, включающую наблюдения за режимом и состоянием поверхностных водных объектов, сбор, обработку, анализ, хранение данных, производство гидрологической информации, в том числе подготовку гидрологических прогнозов, и предоставление указанной информации государственным органам, физическим и юридическим лицам.

Гидрологической информацией являются первичные данные, полученные по результатам гидрологических наблюдений, а также режимная, оперативная и прогностическая информация, являющаяся результатом обработки и анализа первичных гидрологических данных.

2. Гидрологический мониторинг проводится на регулярной и (или) периодической основе в целях сбора данных о состоянии и режиме рек, озер, морей, водохранилищ, каналов, иных поверхностных водных объектов и включает в себя также наблюдения на снегомерных и осадкомерных маршрутах в горах, производимые для определения запасов снега в горных частях речных бассейнов.

3. Производителями гидрологической информации являются Национальная гидрометеорологическая служба, юридические лица, а также индивидуальные предприниматели, осуществляющие производство гидрологической информации.

Статья 164. Мониторинг состояния окружающей среды

1. Мониторинг состояния окружающей среды представляет собой деятельность, включающую наблюдения, сбор, хранение, учет, систематизацию, обобщение, обработку и анализ данных, оценку состояния загрязнения окружающей среды, производство информации о состоянии загрязнения окружающей среды, в том числе прогностической информации, и предоставление указанной информации государственным органам, иным физическим и юридическим лицам.

Информацией о состоянии загрязнения окружающей среды являются первичные данные, полученные в результате мониторинга состояния окружающей среды, а также информация, являющаяся результатом обработки и анализа таких первичных данных.

Мониторинг состояния окружающей среды проводится на регулярной и (или) периодической основе в целях сбора данных о состоянии загрязнения отдельных объектов охраны окружающей среды.

2. Производителями информации о состоянии окружающей среды являются Национальная гидрометеорологическая служба, юридические лица, а также индивидуальные предприниматели, осуществляющие производство информации о состоянии загрязнения окружающей среды.

Статья 165. Права и обязанности производителей метеорологической и (или) гидрологической информации и (или) информации о состоянии окружающей среды

1. Производители метеорологической и (или) гидрологической информации и (или) информации о состоянии окружающей среды имеют право:

1) осуществлять наблюдения и измерения в области метеорологического и (или) гидрологического мониторинга и (или) мониторинга состояния окружающей среды, производство информации или выполнять отдельные работы и оказывать услуги, составляющие эти виды мониторинга, в соответствии с настоящим Кодексом и иными законами Республики Казахстан;

2) получать плату за предоставление информации в соответствии с настоящим Кодексом и иными законами Республики Казахстан или договором на оказание услуг.

2. Производители метеорологической и (или) гидрологической информации и (или) информации о состоянии окружающей среды обязаны:

1) соблюдать при производстве метеорологической и (или) гидрологической информации и (или) информации о состоянии окружающей среды и (или) выполнении отдельных работ и оказании услуг требования настоящего Кодекса;

2) осуществлять деятельность в соответствии с законодательством Республики Казахстан в области технического регулирования, об обеспечении единства измерений и об аккредитации в области оценки соответствия.

Производители метеорологической и (или) гидрологической информации и (или) информации о состоянии окружающей среды в соответствии с законами Республики Казахстан могут иметь иные права и обязанности.

3. Производители метеорологической информации на безвозмездной основе предоставляют полученную метеорологическую информацию в Национальную гидрометеорологическую службу в соответствии с планами предоставления информации, утверждаемыми Национальной гидрометеорологической службой по согласованию с производителем метеорологической информации, в которых определяются перечень предоставляемой метеорологической информации, сроки, вид и способы ее предоставления.

Правила предоставления информации в Национальную гидрометеорологическую службу утверждаются уполномоченным органом в области охраны окружающей среды.

4. Деятельность в сфере метеорологического мониторинга осуществляется в Республике Казахстан при условии направления уведомления в уполномоченный орган в области охраны окружающей среды в соответствии с законодательством Республики Казахстан о разрешениях и уведомлениях.

Национальная гидрометеорологическая служба, поставщики аэронавигационного обслуживания, Вооруженные Силы Республики Казахстан не подлежат включению в государственный реестр производителей метеорологической информации и при осуществлении ими деятельности в области метеорологического мониторинга требование о направлении уведомления в соответствии с законодательством Республики Казахстан о разрешениях и уведомлениях на них не распространяется.

Правила ведения государственного реестра производителей метеорологической информации утверждаются уполномоченным органом в области охраны окружающей среды.

5. Производители метеорологической информации должны соответствовать следующим требованиям:

1) осуществление государственной регистрации в качестве юридического лица или индивидуального предпринимателя;

2) наличие на праве собственности или ином законном основании оборудования и средств измерений, необходимых для осуществления планируемой деятельности;

3) наличие квалифицированного персонала.

Примечание ИЗПИ!
В пункт 6 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

6. Государственный контроль за соблюдением порядка организации и проведения метеорологического мониторинга производителями метеорологической информации, за исключением деятельности Национальной гидрометеорологической службы, поставщиков аэронавигационного обслуживания, Вооруженных Сил Республики Казахстан, осуществляется уполномоченным органом в области охраны окружающей среды в форме проверки и профилактического контроля в соответствии с Предпринимательским кодексом Республики Казахстан.

Глава 11. НАЦИОНАЛЬНАЯ ГИДРОМЕТЕОРОЛОГИЧЕСКАЯ СЛУЖБА

Статья 166. Государственная монополия в области метеорологического, гидрологического мониторинга и мониторинга состояния окружающей среды

1. Национальная гидрометеорологическая служба обеспечивает ведение мониторинга состояния окружающей среды, метеорологического и гидрологического мониторинга с использованием государственной наблюдательной сети, которые включают в себя оказание услуг общегосударственного и международного значения, специального назначения и подготовку специализированной информации.

Деятельность по ведению метеорологического и гидрологического мониторинга и мониторинга состояния окружающей среды, включающая в себя оказание услуг общегосударственного и международного значения, специального назначения и подготовку специализированной информации с использованием государственной наблюдательной сети, относится к государственной монополии и осуществляется Национальной гидрометеорологической службой – юридическим лицом, созданным по решению Правительства Республики Казахстан в организационно-правовой форме республиканского государственного предприятия на праве хозяйственного ведения.

Услуги общегосударственного и международного значения – услуги, имеющие важное значение для безопасности населения и государства, устойчивого функционирования экономики и социальной сферы, оказываемые с использованием государственной наблюдательной сети.

Услуги специального назначения – услуги в области метеорологического и гидрологического мониторинга, мониторинга состояния окружающей среды, не относящиеся к услугам общегосударственного и международного значения и оказываемые с использованием данных государственной наблюдательной сети на основании возмездных договоров на оказание услуг.

Специализированная информация – целевая информация, получаемая в результате оказания услуг специального назначения с использованием данных государственной наблюдательной сети.

2. Национальная гидрометеорологическая служба осуществляет свою деятельность в соответствии с требованиями инструктивно-методических документов для ведения метеорологического, гидрологического мониторинга, мониторинга состояния окружающей среды с использованием государственной наблюдательной сети, утверждаемых Национальной гидрометеорологической службой по согласованию с уполномоченным органом в области охраны окружающей среды.

3. Уполномоченный орган в области охраны окружающей среды организует деятельность по ведению метеорологического и гидрологического мониторинга, мониторинга состояния окружающей среды, которая связана с оказанием услуг общегосударственного и международного значения.

Цены на товары (работы, услуги), производимые и (или) реализуемые субъектом государственной монополии, устанавливаются уполномоченным органом в области охраны окружающей среды по согласованию с антимонопольным органом.

4. Услуги общегосударственного и международного значения в области метеорологического мониторинга:

1) приземные метеорологические, актинометрические, агрометеорологические, аэрологические, радиолокационные, озонометрические наблюдения, сбор, обработка, хранение, анализ полученных метеорологических данных и подготовка штормовой метеорологической информации, метеорологических и агрометеорологических прогнозов, метеорологической информации общего назначения, включающей в себя справочники, бюллетени, справки-консультации, режимной информации и другой метеорологической информации, а также обеспечение в установленном порядке этой информацией государственных органов, иных организаций и физических лиц;

2) ведение государственного климатического кадастра и государственного гидрометеорологического фонда;

3) предоставление метеорологической информации для международного обмена;

4) мониторинг климата, включая его изменение.

Государственный климатический кадастр – систематизированный свод данных, основанный на метеорологической информации о совокупности атмосферных условий, включающих в себя температуру воздуха, облачность, атмосферные явления, направление и скорость ветра, количество осадков и другие характеристики атмосферы и подстилающей поверхности, характерные для определенных территорий, и сформированный на основе климатической базы метеорологических данных за многолетний период.

Правила ведения государственного климатического кадастра, а также состав данных государственного климатического кадастра и порядок предоставления государственным органам, иным организациям и физическим лицам его данных утверждаются уполномоченным органом в области охраны окружающей среды.

Государственный гидрометеорологический фонд – совокупность документированной гидрологической и метеорологической информации, подлежащей хранению в соответствии с законодательством Республики Казахстан в целях ее использования.

Правила ведения государственного гидрометеорологического фонда утверждаются уполномоченным органом в области охраны окружающей среды.

5. Услуги общегосударственного и международного значения в области гидрологического мониторинга:

1) наблюдения на реках, озерах (морях), водохранилищах, каналах и иных поверхностных водных объектах, сбор, обработка, анализ полученных гидрологических данных и подготовка гидрологических краткосрочных, долгосрочных прогнозов, в том числе с заблаговременностью до пяти – семи суток и возможностью уточнений каждые три дня в весенний период, и выдача штормовых предупреждений о возможности и факте возникновения опасных и стихийных гидрологических явлений;

2) подготовка гидрологической информации общего назначения, включающей в себя справочники, бюллетени, справки-консультации, а также обеспечение в установленном порядке этой информацией государственных органов, иных организаций и физических лиц;

3) подготовка данных для ведения государственного водного кадастра по разделу "Поверхностные воды" на основании результатов гидрологического мониторинга;

4) предоставление гидрологической информации для международного обмена в установленном порядке.

6. Услуги общегосударственного и международного значения в области мониторинга состояния окружающей среды:

1) наблюдения, сбор, обработка, анализ данных о состоянии загрязнения объектов охраны окружающей среды, предусмотренных подпунктами 2) – 8) настоящего пункта, подготовка информации общего назначения о состоянии загрязнения окружающей среды, включающей в себя бюллетени и справочную информацию, а также обеспечение в установленном порядке этой информацией государственных органов, иных организаций и физических лиц;

2) мониторинг загрязнения атмосферного воздуха – система наблюдений за состоянием атмосферного воздуха в селитебных территориях;

3) мониторинг загрязнения атмосферных осадков – система наблюдений за химическим составом атмосферных осадков и снежного покрова в селитебных территориях;

4) мониторинг загрязнения вод – система наблюдений за загрязнением поверхностных вод в прибрежных зонах;

5) мониторинг загрязнения почв – система наблюдений за концентрациями загрязняющих веществ в почвах селитебных территорий;

6) радиационный мониторинг – система наблюдений за техногенным и природным радиоактивным загрязнением в селитебных территориях;

7) мониторинг трансграничных загрязнений – система наблюдений, осуществляемых в рамках международного сотрудничества с приграничными государствами за загрязнением трансграничных поверхностных вод и прибрежных почв трансграничных рек;

8) фоновый мониторинг – система наблюдений за состоянием атмосферы и другой среды в их взаимодействии с биосферой с использованием специализированной сети станций комплексного фонового мониторинга окружающей среды;

9) предоставление информации о состоянии окружающей среды для международного обмена в установленном порядке.

7. Национальная гидрометеорологическая служба представляет Республику Казахстан по вопросам гидрологической, метеорологической деятельности и деятельности в области мониторинга состояния окружающей среды при взаимодействии с международными организациями, иностранными лицами и гидрометеорологическими службами других государств, если иное не установлено законами Республики Казахстан.

8. Национальная гидрометеорологическая служба входит в состав государственной системы гражданской защиты и осуществляет свою деятельность при возникновении чрезвычайных ситуаций в соответствии с законодательством Республики Казахстан о гражданской защите.

Статья 167. Государственная наблюдательная сеть

1. Государственная наблюдательная сеть – это система взаимосвязанных стационарных и передвижных пунктов наблюдений, находящихся в хозяйственном ведении Национальной гидрометеорологической службы, предназначенных для наблюдений за физическими и химическими процессами, происходящими в окружающей среде, определения ее метеорологических, гидрологических характеристик и состояния загрязнения окружающей среды.

В целях получения достоверной информации вокруг стационарных пунктов наблюдений государственной наблюдательной сети создаются охранные зоны.

Порядок установления и обозначения границ охранных зон определяется в соответствии с положением о стационарных пунктах наблюдений и пунктах наблюдений за состоянием загрязнения атмосферы государственной наблюдательной сети, утверждаемым уполномоченным органом в области охраны окружающей среды.

2. На земельные участки, через которые осуществляется проход или проезд к стационарным пунктам наблюдений государственной наблюдательной сети, могут быть установлены сервитуты в порядке, определенном земельным законодательством Республики Казахстан.

3. Земельные участки реперных (опорных) стационарных пунктов наблюдений государственной наблюдательной сети изъятию не подлежат. Земельные участки стационарных пунктов наблюдений могут быть изъяты для государственных нужд только в исключительных случаях, при этом перенос осуществляется за счет средств лиц, инициирующих такой перенос, по согласованию с уполномоченным органом в области охраны окружающей среды и Национальной гидрометеорологической службой.

4. Реперным пунктом наблюдений государственной наблюдательной сети является пункт наблюдений, позволяющий проводить изучение многолетних тенденций изменения климата, агрометеорологических характеристик, гидрологического состояния водных объектов суши, моря, геофизических процессов под влиянием изменения климатических условий и хозяйственной деятельности.

5. Число пунктов наблюдений за состоянием загрязнения атмосферы государственной наблюдательной сети определяется в зависимости от численности населения, рельефа местности, фактического уровня загрязнения.

6. Определение местоположения (дислокации) вновь открываемых или подлежащих переносу стационарных пунктов наблюдений и пунктов наблюдений за состоянием загрязнения атмосферы государственной наблюдательной сети производится решением Национальной гидрометеорологической службы по согласованию с уполномоченным органом в области охраны окружающей среды и местными исполнительными органами.

Прекращение деятельности стационарных пунктов наблюдений и пунктов наблюдений за состоянием загрязнения атмосферы государственной наблюдательной сети производится решением Национальной гидрометеорологической службы по согласованию с уполномоченным органом в области охраны окружающей среды.

Организация деятельности государственной наблюдательной сети осуществляется Национальной гидрометеорологической службой.

7. Государственная наблюдательная сеть, в том числе отведенные под нее земельные участки и части акваторий, а также имущество, относится исключительно к государственной собственности, находится под охраной государства и не подлежит приватизации.

Статья 168. Финансирование Национальной гидрометеорологической службы

Финансирование Национальной гидрометеорологической службы осуществляется за счет бюджетных средств и иных источников в соответствии с действующим законодательством Республики Казахстан.

Статья 169. Условия предоставления информации Национальной гидрометеорологической службой

1. Порядок предоставления метеорологической, гидрологической информации и информации о состоянии окружающей среды определяется правилами предоставления информации Национальной гидрометеорологической службой, утверждаемыми уполномоченным органом в области охраны окружающей среды.

2. Обеспечение гидрометеорологической информацией Вооруженных Сил Республики Казахстан, органов управления государственной системы гражданской защиты, уполномоченного органа в области развития агропромышленного комплекса осуществляется Национальной гидрометеорологической службой в рамках оказания услуг общегосударственного и международного значения.

3. Национальная гидрометеорологическая служба вправе оказывать государственным органам иные услуги с применением данных, полученных в результате наблюдений с использованием государственной наблюдательной сети, в установленном законодательством Республики Казахстан порядке.

РАЗДЕЛ 10. ГОСУДАРСТВЕННЫЕ КАДАСТРЫ ПРИРОДНЫХ РЕСУРСОВ РЕСПУБЛИКИ КАЗАХСТАН

Статья 170. Общие положения о Единой системе государственных кадастров природных ресурсов Республики Казахстан

1. Единая система государственных кадастров природных ресурсов Республики Казахстан (далее – Единая система кадастров) создается и ведется как межотраслевая информационная система, объединяющая все виды государственных кадастров природных ресурсов Республики Казахстан в целях обеспечения единого общегосударственного комплексного учета и оценки природного и экономического потенциала Республики Казахстан.

2. Государственные кадастры природных ресурсов представляют собой систематизированный свод информации о количественных и качественных показателях природных ресурсов и функционируют в порядке, установленном настоящим Кодексом и иными законами Республики Казахстан.

3. Объектами Единой системы кадастров являются составные части окружающей среды: земля, вода, лес, почва, недра, растительный и животный мир в их взаимодействии.

4. Ведение Единой системы кадастров организуется уполномоченным органом в области охраны окружающей среды совместно со специально уполномоченными государственными органами, осуществляющими мониторинг соответствующих видов природных ресурсов на основе данных учета состояния и использования природных ресурсов.

Ведение Единой системы кадастров осуществляет подведомственная организация уполномоченного органа в области охраны окружающей среды.

Правила ведения Единой системы кадастров утверждаются уполномоченным органом в области охраны окружающей среды.

5. Системы государственных кадастров природных ресурсов содержат в цифровом виде на каждый учетный кадастровый объект документальные сведения о его состоянии с указанием географической привязки и организационно-правовой формы.

6. Основными принципами ведения Единой системы кадастров являются:

1) единство технологии обработки и предоставления кадастровой информации;

2) применение автоматизированных информационно-коммуникационных технологий;

3) объективность пополнения и обновления информации;

4) общедоступность информации, содержащейся в Единой системе кадастров, кроме информации, составляющей государственные секреты и иную охраняемую законом тайну.

Сноска. Статья 170 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 171. Структура и содержание Единой системы кадастров

Структуру Единой системы кадастров составляют следующие объекты учета, мониторинг по которым осуществляется следующими специально уполномоченными государственными органами и организациями:

1) по государственному земельному кадастру – центральным уполномоченным органом в области управления земельными ресурсами и Государственной корпорацией "Правительство для граждан";

2) по государственному водному кадастру (поверхностным и подземным водным объектам, использованию водных ресурсов) – уполномоченными государственными органами в области охраны окружающей среды, использования и охраны водного фонда, по изучению недр в целом по республике, а их территориальными органами – в пределах бассейнов рек и административно-территориальных единиц;

3) по государственному лесному кадастру – уполномоченным государственным органом в области лесного хозяйства в целом по республике, а его территориальными органами – в пределах административно-территориальных единиц;

4) по единому кадастру государственного фонда недр – уполномоченным государственным органом по изучению недр в целом по республике, а его территориальными органами – в пределах административно-территориальных единиц;

5) по государственному кадастру особо охраняемых природных территорий – уполномоченным государственным органом в области особо охраняемых природных территорий в целом по республике, а его территориальными органами – в пределах административно-территориальных единиц;

6) по государственному кадастру животного мира – уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира в целом по республике, а его территориальными органами – в пределах административно-территориальных единиц.

7) по государственному кадастру растительного мира – уполномоченным органом в области охраны, защиты, восстановления и использования растительного мира в целом по республике, а территориальными органами ведомства уполномоченного органа в области охраны, защиты, восстановления и использования растительного мира – в пределах административно-территориальных единиц.

Сноска. Статья 171 с изменением, внесенным Законом РК от 02.01.2023 № 184-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 172. Предоставление информации

1. Результаты учета и регистрации объектов, полученные в рамках ведения кадастров природных ресурсов, передаются специально уполномоченными государственными органами в информационную систему уполномоченного органа в области охраны окружающей среды безвозмездно в соответствии с правилами ведения Единой системы кадастров.

2. Данные об объекте, занесенном в Единую систему кадастров, должны включать:

1) отчетные материалы, паспорт объекта, утвержденные специально уполномоченными государственными органами, и статистическую информацию;

2) картографический материал о пространственном положении объекта и другие данные, необходимые для комплексной оценки территории.

3. Уполномоченный орган в области охраны окружающей среды обязан обеспечить доступ к информации, содержащейся в кадастрах, специально уполномоченным государственным органам, осуществляющим мониторинг соответствующих видов природных ресурсов.

РАЗДЕЛ 11. ЭКОЛОГИЧЕСКИЙ КОНТРОЛЬ

Глава 12. ГОСУДАРСТВЕННЫЙ ЭКОЛОГИЧЕСКИЙ КОНТРОЛЬ

Статья 173. Государственный экологический контроль

1. Государственным экологическим контролем является деятельность уполномоченного органа в области охраны окружающей среды, направленная на обеспечение соблюдения физическими и юридическими лицами требований экологического законодательства Республики Казахстан.

2. Государственный экологический контроль осуществляется по следующим направлениям:

1) соблюдение положений настоящего Кодекса в области охраны окружающей среды;

2) соблюдение экологических требований в области особо охраняемых природных территорий;

3) соблюдение экологических требований при консервации и ликвидации последствий операций по недропользованию, рекультивации нарушенных земель;

4) выполнение расширенных обязательств производителей (импортеров);

5) выполнение оператором расширенных обязательств производителей (импортеров) требований, определенных настоящим Кодексом;

6) соблюдение квалификационных требований и правил осуществления лицензируемых видов деятельности в области охраны окружающей среды, а также деятельности, в отношении которой установлен уведомительный порядок;

7) соблюдение местными исполнительными органами требований экологического законодательства Республики Казахстан по оказанию государственных услуг в области охраны окружающей среды.

Статья 174. Формы государственного экологического контроля

1. Государственный экологический контроль осуществляется в следующих формах:

1) профилактический контроль без посещения субъекта (объекта);

2) профилактический контроль с посещением субъекта (объекта);

3) проверки.

2. Порядок проведения государственного экологического контроля установлен нормами настоящего Кодекса и Предпринимательского кодекса Республики Казахстан.

Формы документов, касающихся организации и проведения государственного экологического контроля, за исключением случаев, предусмотренных Предпринимательским кодексом Республики Казахстан, разрабатываются и утверждаются уполномоченным органом в области охраны окружающей среды.

3. Профилактический контроль без посещения субъекта (объекта) контроля проводится уполномоченным органом в области охраны окружающей среды путем анализа данных, полученных из средств массовой информации и автоматизированной системы мониторинга эмиссий в окружающую среду, документации и отчетности, представленных в уполномоченный орган в области охраны окружающей среды.

Примечание ИЗПИ!
В часть вторую пункта 3 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

При этом результаты анализа публикаций в средствах массовой информации о нарушениях или рисках совершения нарушений в области охраны окружающей среды, непосредственно затрагивающих условия жизнедеятельности населения на определенной территории, в том числе в местах массового отдыха, заключений по результатам послепроектного анализа, а также данных из автоматизированной системы мониторинга эмиссий в окружающую среду о существенных превышениях нормативов эмиссий загрязняющих веществ в окружающую среду могут являться основанием для проведения профилактического контроля и надзора с посещением субъекта (объекта) контроля и надзора или внеплановой проверки в соответствии с пунктом 3 статьи 146 Предпринимательского кодекса Республики Казахстан.

Основания для проведения профилактического контроля с посещением субъекта (объекта) или внеплановой проверки по результатам анализа данных из автоматизированной системы мониторинга эмиссий в окружающую среду определяются правилами, утвержденными уполномоченным органом в области охраны окружающей среды, которые предусматривают порядок обработки, передачи, хранения и использования данных из автоматизированной системы мониторинга эмиссий в окружающую среду в соответствии с пунктом 4 статьи 186 настоящего Кодекса.

4. Целями профилактического контроля без посещения субъекта (объекта) контроля являются своевременное пресечение и недопущение нарушений экологического законодательства Республики Казахстан, предоставление субъектам контроля права самостоятельного устранения нарушений, выявленных уполномоченным органом в области охраны окружающей среды по результатам профилактического контроля без посещения субъекта (объекта) контроля.

5. В случае выявления нарушения экологического законодательства Республики Казахстан по результатам профилактического контроля без посещения субъекта (объекта) контроля должностными лицами уполномоченного органа в области охраны окружающей среды, осуществляющими государственный экологический контроль, оформляется и направляется субъекту контроля информационное письмо в течение десяти рабочих дней со дня выявления нарушения.

6. Информационное письмо, направленное одним из нижеперечисленных способов, считается врученным субъекту контроля в следующих случаях:

1) нарочно – с даты отметки в информационном письме о получении;

2) почтой либо курьерской службой – с даты регистрации получения;

3) электронным способом – с даты отправки на электронный адрес субъекта контроля, указанный в письме при запросе уполномоченного органа в области охраны окружающей среды.

7. Субъект контроля, получивший информационное письмо об устранении нарушений экологического законодательства Республики Казахстан, выявленных по результатам профилактического контроля без посещения субъекта (объекта) контроля, обязан в течение десяти рабочих дней со дня, следующего за днем его вручения, представить в уполномоченный орган в области охраны окружающей среды план мероприятий по устранению выявленных нарушений с указанием конкретных сроков их устранения.

8. В случае несогласия с нарушениями, указанными в информационном письме, субъект государственного экологического контроля вправе представить в уполномоченный орган в области охраны окружающей среды возражения на информационное письмо в течение десяти рабочих дней со дня, следующего за днем получения такого письма.

9. Неустранение в установленный срок нарушений, выявленных по результатам профилактического контроля без посещения субъекта (объекта) контроля, а равно непредставление в срок плана мероприятий по устранению нарушений являются основаниями для включения соответствующего субъекта (объекта) в список профилактического контроля с посещением субъекта (объекта) контроля.

Статья 175. Обеспечение исполнения предписаний при проведении государственного экологического контроля

1. При выявлении нарушения требований экологического законодательства Республики Казахстан должностные лица, осуществляющие государственный экологический контроль, выносят предписания физическим и юридическим лицам об устранении такого нарушения.

2. Порядок составления предписания и его содержание устанавливаются Предпринимательским кодексом Республики Казахстан.

3. Обязательство субъекта государственного экологического контроля по исполнению предписания об устранении выявленных нарушений обеспечивается пеней, начисляемой в доход государства.

Пеня начисляется за каждый рабочий день в размере десяти месячных расчетных показателей для юридических лиц, являющихся субъектами крупного предпринимательства.

Пеня начисляется с момента истечения минимального срока исполнения предписания об устранении выявленных нарушений, предусмотренного Предпринимательским кодексом Республики Казахстан.

4. Требование об уплате пени направляется должностными лицами государственного экологического контроля только в случае просрочки исполнения предписания об устранении выявленных нарушений. В случае неуплаты субъектом государственного экологического контроля начисленной пени в добровольном порядке в течение десяти рабочих дней со дня направления соответствующего требования взыскание должностными лицами государственного экологического контроля начисленной пени осуществляется в судебном порядке.

Статья 176. Выявление суммы экономической выгоды, полученной в результате нарушения требований экологического законодательства Республики Казахстан, при осуществлении и проведении государственного экологического контроля

1. В целях профилактики и предотвращения повторного совершения нарушения требований экологического законодательства Республики Казахстан должностные лица, осуществляющие государственный экологический контроль, в случаях, предусмотренных Кодексом Республики Казахстан об административных правонарушениях, при проведении государственного экологического контроля определяют сумму экономической выгоды, полученной субъектом государственного экологического контроля в результате нарушения требований экологического законодательства Республики Казахстан.

2. Экономической выгодой, полученной субъектом государственного экологического контроля в результате нарушения требований экологического законодательства Республики Казахстан, признается получение субъектом государственного экологического контроля преимущества в виде экономии денежных средств или получения дохода (выручки) в результате нарушения требований экологического законодательства Республики Казахстан.

3. Должностные лица, осуществляющие государственный экологический контроль, в месячный срок с даты установления факта совершения субъектом государственного экологического контроля нарушения требований экологического законодательства Республики Казахстан, влекущего наложение штрафа, выраженного в процентах от суммы экономической выгоды, проводят сбор и анализ материалов, истребуют у такого субъекта контроля необходимую для этого информацию и определяют сумму экономической выгоды, полученной в результате нарушения требований экологического законодательства Республики Казахстан.

4. Сумма экономической выгоды в виде получения субъектом государственного экологического контроля дохода (выручки) определяется при осуществлении негативного воздействия на окружающую среду объектом, вновь введенным в эксплуатацию без экологического разрешения либо эксплуатируемым без декларации о воздействии на окружающую среду.

В остальных случаях сумма экономической выгоды определяется в виде экономии субъектом государственного экологического контроля денежных средств в результате нарушения требований экологического законодательства Республики Казахстан.

Методика определения суммы экономической выгоды, полученной в результате нарушения требований экологического законодательства Республики Казахстан, разрабатывается и утверждается уполномоченным органом в области охраны окружающей среды.

Статья 177. Должностные лица, осуществляющие государственный экологический контроль

1. К должностным лицам, осуществляющим государственный экологический контроль, относятся:

1) Главный государственный экологический инспектор Республики Казахстан;

2) заместитель Главного государственного экологического инспектора Республики Казахстан;

3) старшие государственные экологические инспекторы Республики Казахстан;

4) государственные экологические инспекторы Республики Казахстан;

5) главные государственные экологические инспекторы областей, городов республиканского значения, столицы;

6) старшие государственные экологические инспекторы областей, городов республиканского значения, столицы;

7) государственные экологические инспекторы областей, городов республиканского значения, столицы.

2. Должностные лица, указанные в пункте 1 настоящей статьи, назначаются уполномоченным органом в области охраны окружающей среды.

Порядок отнесения категорий государственных служащих подразделений государственного экологического контроля уполномоченного органа в области охраны окружающей среды к должностным лицам, указанным в пункте 1 настоящей статьи, определяется уполномоченным органом в области охраны окружающей среды.

3. Государственные экологические инспекторы обеспечиваются в установленном порядке форменной одеждой (без погон), служебными удостоверениями и печатями установленного образца.

Перечень должностей должностных лиц, имеющих право на ношение форменной одежды (без погон), образцы форменной одежды (без погон), порядок ее ношения определяются уполномоченным органом в области охраны окружающей среды.

4. Главный государственный экологический инспектор Республики Казахстан, главные государственные экологические инспекторы областей, городов республиканского значения, столицы имеют бланки документов с изображением Государственного Герба Республики Казахстан и наименованием должности экологического инспектора.

Статья 178. Права и обязанности должностных лиц, осуществляющих государственный экологический контроль

1. Должностные лица, осуществляющие государственный экологический контроль, вправе:

1) для проведения профилактического контроля с посещением субъекта (объекта) или проверки при наличии соответствующего законного основания входить на территорию и в помещения проверяемого объекта, в том числе с измерительными приборами и оборудованием для отбора проб, и, при необходимости, с привлечением в соответствии с законодательством Республики Казахстан специалистов, консультантов и экспертов осуществлять необходимые измерения, брать пробы (в том числе образцы товаров и материалов) и анализировать их;

2) запрашивать и получать от проверяемых субъектов (объектов) результаты лабораторных исследований проб и иные материалы, необходимые для определения объема антропогенного воздействия на окружающую среду;

3) предъявлять в суд иски об ограничении, приостановлении и запрещении деятельности субъекта государственного экологического контроля, осуществляемой с нарушением требований экологического законодательства Республики Казахстан;

4) выявлять факты причинения экологического ущерба и принимать участие в определении мер по его устранению в соответствии с требованиями настоящего Кодекса;

5) обращаться в прокуратуру и иные правоохранительные органы за оказанием содействия для предотвращения или пресечения действий нарушителей требований экологического законодательства Республики Казахстан;

6) принимать предусмотренные законами Республики Казахстан меры по отзыву, лишению и приостановлению действия разрешений, заключений, лицензий и других разрешительных документов физических и юридических лиц в связи с нарушением требований экологического законодательства Республики Казахстан.

2. Должностные лица, осуществляющие государственный экологический контроль, в случаях, предусмотренных законодательством Республики Казахстан, имеют право на хранение, ношение и применение специальных средств (специализированных средств связи, фото-, видеоаппаратуры, средств измерений).

3. Должностные лица, осуществляющие государственный экологический контроль, обязаны взаимодействовать с другими государственными органами, а также физическими и (или) юридическими лицами по вопросам обеспечения соблюдения требований экологического законодательства Республики Казахстан.

Статья 179. Порядок рассмотрения жалобы апелляционной комиссией

1. Субъект государственного экологического контроля до обращения в суд вправе заявить в апелляционную комиссию ходатайство о рассмотрении жалобы на акт о результатах проверки.

2. В состав апелляционной комиссии в обязательном порядке входят представители уполномоченного органа в области охраны окружающей среды, Национальной палаты предпринимателей Республики Казахстан.

3. Жалоба на акт о результатах проверки уполномоченного органа в области охраны окружающей среды рассматривается апелляционной комиссией в пределах обжалуемых вопросов.

4. Жалоба на акт о результатах проверки подается в письменной форме в порядке и сроки, которые предусмотрены законодательством Республики Казахстан.

5. Решение апелляционной комиссии носит рекомендательный характер.

6. Апелляционная комиссия ежегодно проводит обобщение результатов рассмотрения жалоб на акты о результатах проверок и вырабатывает рекомендации по совершенствованию законодательства Республики Казахстан.

7. Обращение субъекта государственного экологического контроля в суд в порядке, предусмотренном законами Республики Казахстан, влечет прекращение рассмотрения апелляционной комиссией жалобы на акт о результатах проверки.

Жалоба на акт о результатах проверки, поданная после обращения субъекта государственного экологического контроля в суд в порядке, предусмотренном законами Республики Казахстан, или после вступления в законную силу решения суда, не подлежит рассмотрению.

Статья 180. Обеспечение конфиденциальности информации при рассмотрении жалобы апелляционной комиссией

Государственные секреты, сведения, составляющие коммерческую и иную охраняемую законом тайну, представляются членам апелляционной комиссии при рассмотрении жалоб на акты о результатах проверок, проведенных уполномоченным органом в области охраны окружающей среды, в порядке, определенном уполномоченным органом в области охраны окружающей среды, без получения письменного разрешения лица, подавшего жалобу.

Вышеуказанные сведения не подлежат разглашению членами апелляционной комиссии.

Статья 181. Гласность государственного экологического контроля

1. Физические и юридические лица имеют право на доступ к информации о результатах государственного экологического контроля.

2. Уполномоченный орган в области охраны окружающей среды обеспечивает публикацию на официальном интернет-ресурсе:

1) аналитических отчетов об уровне и изменении уровня соблюдения субъектами государственного экологического контроля требований экологического законодательства Республики Казахстан;

2) годовой отчетности по результатам государственного экологического контроля;

3) информации о выявленных фактах нарушения требований экологического законодательства Республики Казахстан на объектах I и II категорий, привлечении субъекта государственного экологического контроля к соответствующей административной, уголовной и (или) гражданско-правовой ответственности, в том числе о наложенных взысканиях, а также вынесении и исполнении предписаний в отношении объектов I и II категорий;

4) перечня предприятий, систематически нарушающих требования экологического законодательства Республики Казахстан.

В информацию, указанную в подпунктах 1) – 4) настоящего пункта, не допускается включение сведений о субъектах государственного экологического контроля и допущенных ими фактах нарушения требований экологического законодательства Республики Казахстан в случаях, если не истек срок на судебное обжалование такими субъектами государственного экологического контроля соответствующего акта (решения) должностного лица, осуществляющего государственный экологический контроль, или когда такие субъекты обжалуют акты (решения) должностного лица, осуществляющего государственный экологический контроль, до вступления в силу соответствующего решения суда.

3. Операторы объектов I и II категорий на основании соответствующего судебного акта или административного акта обязаны размещать за собственный счет в средствах массовой информации и на своих интернет-ресурсах информацию о фактах нарушения ими требований экологического законодательства Республики Казахстан, наложенных на них взысканиях, а также предпринятых и намечаемых мерах по устранению нарушения требований экологического законодательства Республики Казахстан.

4. Информация, размещаемая на интернет-ресурсах в соответствии с пунктами 2 и 3 настоящей статьи, должна находиться в открытом доступе не менее одного календарного года.

Глава 13. ПРОИЗВОДСТВЕННЫЙ ЭКОЛОГИЧЕСКИЙ КОНТРОЛЬ

Статья 182. Назначение и цели производственного экологического контроля

1. Операторы объектов I и II категорий обязаны осуществлять производственный экологический контроль.

2. Целями производственного экологического контроля являются:

1) получение информации для принятия оператором объекта решений в отношении внутренней экологической политики, контроля и регулирования производственных процессов, потенциально оказывающих воздействие на окружающую среду;

2) обеспечение соблюдения требований экологического законодательства Республики Казахстан;

3) сведение к минимуму негативного воздействия производственных процессов на окружающую среду, жизнь и (или) здоровье людей;

4) повышение эффективности использования природных и энергетических ресурсов;

5) оперативное упреждающее реагирование на нештатные ситуации;

6) формирование более высокого уровня экологической информированности и ответственности руководителей и работников оператора объекта;

7) информирование общественности об экологической деятельности предприятия;

8) повышение эффективности системы экологического менеджмента.

Статья 183. Порядок проведения производственного экологического контроля

1. Производственный экологический контроль проводится операторами объектов I и II категорий на основе программы производственного экологического контроля, являющейся частью экологического разрешения, а также программы повышении экологической эффективности.

2. Экологическая оценка эффективности производственного процесса в рамках производственного экологического контроля осуществляется на основе измерений и (или) расчетов уровня эмиссий в окружающую среду, вредных производственных факторов, а также фактического объема потребления природных, энергетических и иных ресурсов.

Статья 184. Права и обязанности оператора объекта при проведении производственного экологического контроля

1. Операторы объектов I и II категорий имеют право самостоятельно определять организационную структуру службы производственного экологического контроля и ответственность персонала за его проведение.

2. При проведении производственного экологического контроля оператор объекта обязан:

1) соблюдать программу производственного экологического контроля;

2) реализовывать условия программы производственного экологического контроля и представлять отчеты по результатам производственного экологического контроля в соответствии с требованиями к отчетности по результатам производственного экологического контроля;

3) в отношении объектов I категории – установить автоматизированную систему мониторинга эмиссий в окружающую среду на основных стационарных источниках эмиссий в соответствии с утвержденным уполномоченным органом в области охраны окружающей среды порядком ведения автоматизированного мониторинга эмиссий в окружающую среду и требованиями пункта 4 статьи 186 настоящего Кодекса;

4) создать службу производственного экологического контроля либо назначить работника, ответственного за организацию и проведение производственного экологического контроля и взаимодействие с органами государственного экологического контроля;

5) следовать процедурным требованиям и обеспечивать качество получаемых данных;

6) систематически оценивать результаты производственного экологического контроля и принимать необходимые меры по устранению выявленных несоответствий требованиям экологического законодательства Республики Казахстан;

7) представлять в установленном порядке отчеты по результатам производственного экологического контроля в уполномоченный орган в области охраны окружающей среды;

8) в течение трех рабочих дней сообщать в уполномоченный орган в области охраны окружающей среды о фактах нарушения требований экологического законодательства Республики Казахстан, выявленных в ходе осуществления производственного экологического контроля;

9) обеспечивать доступ общественности к программам производственного экологического контроля и отчетным данным по производственному экологическому контролю;

10) по требованию государственных экологических инспекторов представлять документацию, результаты анализов, исходные и иные материалы производственного экологического контроля, необходимые для осуществления государственного экологического контроля.

Статья 185. Требования к содержанию программы производственного экологического контроля

1. Программа производственного экологического контроля должна содержать следующую информацию:

1) обязательный перечень количественных и качественных показателей эмиссий загрязняющих веществ и иных параметров, отслеживаемых в процессе производственного мониторинга;

2) периодичность и продолжительность производственного мониторинга, частоту осуществления измерений;

3) сведения об используемых инструментальных и расчетных методах проведения производственного мониторинга;

4) необходимое количество точек отбора проб для параметров, отслеживаемых в процессе производственного мониторинга (по компонентам: атмосферный воздух, воды, почвы), и указание мест проведения измерений;

5) методы и частоту ведения учета, анализа и сообщения данных;

6) план-график внутренних проверок и процедуру устранения нарушений экологического законодательства Республики Казахстан, включая внутренние инструменты реагирования на их несоблюдение;

7) механизмы обеспечения качества инструментальных измерений;

8) протокол действий в нештатных ситуациях;

9) организационную и функциональную структуру внутренней ответственности работников за проведение производственного экологического контроля;

10) иные сведения, отражающие вопросы организации и проведения производственного экологического контроля.

2. Программа производственного экологического контроля объектов I и II категорий должна также соответствовать экологическим условиям, содержащимся в экологическом разрешении.

3. Разработка программы производственного экологического контроля объектов I и II категорий осуществляется в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

Статья 186. Виды и организация проведения производственного мониторинга

1. Производственный мониторинг является элементом производственного экологического контроля, а также программы повышения экологической эффективности.

2. В рамках осуществления производственного мониторинга выполняются операционный мониторинг, мониторинг эмиссий в окружающую среду и мониторинг воздействия.

3. Операционный мониторинг (мониторинг производственного процесса) включает в себя наблюдение за параметрами технологического процесса для подтверждения того, что показатели деятельности объекта находятся в диапазоне, который считается целесообразным для его надлежащей проектной эксплуатации и соблюдения условий технологического регламента данного производства. Содержание операционного мониторинга определяется оператором объекта.

4. Мониторингом эмиссий в окружающую среду является наблюдение за количеством, качеством эмиссий и их изменением.

Мониторинг эмиссий в окружающую среду на объектах I категории должен включать в себя использование автоматизированной системы мониторинга эмиссий в окружающую среду.

Автоматизированная система мониторинга эмиссий в окружающую среду – автоматизированная система производственного экологического мониторинга, отслеживающая показатели эмиссий в окружающую среду на основных стационарных источниках эмиссий, которая обеспечивает передачу данных в информационную систему мониторинга эмиссий в окружающую среду в режиме реального времени в соответствии с правилами ведения автоматизированной системы мониторинга эмиссий в окружающую среду при проведении производственного экологического контроля, утвержденными уполномоченным органом в области охраны окружающей среды.

Функционирование автоматизированной системы мониторинга, осуществляемые ею измерения, их обработка, передача, хранение и использование должны соответствовать требованиям законодательства Республики Казахстан в области технического регулирования, об обеспечении единства измерений и об информатизации.

5. Проведение мониторинга воздействия включается в программу производственного экологического контроля в тех случаях, когда это необходимо для отслеживания соблюдения требований экологического законодательства Республики Казахстан и нормативов качества окружающей среды либо определено в комплексном экологическом разрешении.

6. Мониторинг воздействия является обязательным в следующих случаях:

1) когда деятельность затрагивает чувствительные экосистемы и состояние здоровья населения;

2) на этапе введения в эксплуатацию технологических объектов;

3) после аварийных эмиссий в окружающую среду.

7. Мониторинг воздействия может осуществляться оператором объекта индивидуально, а также совместно с операторами других объектов по согласованию с уполномоченным органом в области охраны окружающей среды.

8. Производственный мониторинг эмиссий в окружающую среду и мониторинг воздействия осуществляются лабораториями, аккредитованными в порядке, установленном законодательством Республики Казахстан об аккредитации в области оценки соответствия.

Лицо, осуществляющее производственный мониторинг, несет ответственность в соответствии с Кодексом Республики Казахстан об административных правонарушениях за предоставление недостоверной информации по результатам производственного мониторинга.

9. Данные производственного мониторинга используются для оценки состояния окружающей среды в рамках ведения Единой государственной системы мониторинга окружающей среды и природных ресурсов.

Статья 187. Учет и отчетность по производственному экологическому контролю

1. Оператор объекта ведет внутренний учет, формирует и представляет периодические отчеты по результатам производственного экологического контроля в электронной форме в Национальный банк данных об окружающей среде и природных ресурсах Республики Казахстан в соответствии с правилами, утверждаемыми уполномоченным органом в области охраны окружающей среды.

2. Периодические отчеты по результатам производственного экологического контроля должны быть опубликованы на официальном интернет-ресурсе уполномоченного органа в области охраны окружающей среды.

Статья 188. Служба производственного экологического контроля и лица, ответственные за производственный экологический контроль

1. Лицо, ответственное за проведение производственного экологического контроля, обязано обеспечить ведение на объекте или отдельных участках работ журналов производственного экологического контроля, в которые работники должны записывать обнаруженные факты нарушения требований экологического законодательства Республики Казахстан с указанием сроков их устранения.

2. Лица, ответственные за проведение производственного экологического контроля, обнаружившие факт нарушения экологических требований, в результате которого возникает угроза жизни и (или) здоровью людей или риск причинения экологического ущерба, обязаны незамедлительно принять все зависящие от них меры по устранению или локализации возникшей ситуации и сообщить об этом руководству оператора объекта.

Статья 189. Организация внутренних проверок

1. Оператор объекта принимает меры по регулярной внутренней проверке соблюдения требований экологического законодательства Республики Казахстан и сопоставлению результатов производственного экологического контроля с условиями экологического и иных разрешений.

2. Внутренние проверки проводятся работником (работниками), на которого (которых) оператором объекта возложена ответственность за организацию и проведение производственного экологического контроля.

3. В ходе внутренних проверок контролируются:

1) выполнение мероприятий, предусмотренных программой производственного экологического контроля;

2) следование производственным инструкциям и правилам, относящимся к охране окружающей среды;

3) выполнение условий экологического и иных разрешений;

4) правильность ведения учета и отчетности по результатам производственного экологического контроля;

5) иные сведения, отражающие вопросы организации и проведения производственного экологического контроля.

4. Работник (работники), осуществляющий (осуществляющие) внутреннюю проверку, обязан (обязаны):

1) рассмотреть отчет о предыдущей внутренней проверке;

2) обследовать каждый объект, на котором осуществляются эмиссии в окружающую среду;

3) составить письменный отчет руководителю, включающий, при необходимости, требования о проведении мер по устранению несоответствий, выявленных в ходе проверки, сроки и порядок их устранения.

Глава 14. ОБЩЕСТВЕННЫЙ ЭКОЛОГИЧЕСКИЙ КОНТРОЛЬ

Статья 190. Общественный экологический контроль

1. Общественный экологический контроль проводится в целях привлечения внимания общественности к экологическим проблемам, обеспечения участия и учета мнения общественности на всех стадиях принятия решений, касающихся вопросов окружающей среды, содействия обеспечению соблюдения экологического законодательства Республики Казахстан физическими и юридическими лицами, государственными органами, содействия деятельности уполномоченного органа в области охраны окружающей среды.

2. Общественный экологический контроль может осуществляться гражданами Республики Казахстан и (или) некоммерческими организациями в области охраны окружающей среды, созданными в соответствии с законодательством Республики Казахстан, уставом которых предусмотрено осуществление деятельности по проведению общественного экологического контроля, аккредитованными в уполномоченном органе в области охраны окружающей среды в целях осуществления общественного экологического контроля.

3. Уполномоченный орган в области охраны окружающей среды для осуществления сотрудничества и взаимодействия составляет и публикует на официальном интернет-ресурсе перечень некоммерческих организаций в области охраны окружающей среды, аккредитованных в соответствии с настоящим Кодексом для проведения общественного экологического контроля.

4. В целях формирования перечня, указанного в пункте 3 настоящей статьи, некоммерческие организации, соответствующие требованиям, указанным в пункте 2 настоящей статьи, направляют в уполномоченный орган в области охраны окружающей среды заявление о своем соответствии требованиям и намерении осуществлять общественный экологический контроль с приложением копии устава.

Уполномоченный орган в области охраны окружающей среды в течение пяти рабочих дней в случае соответствия некоммерческой организации требованиям, указанным в пункте 2 настоящей статьи, включает данную некоммерческую организацию в перечень некоммерческих организаций в области охраны окружающей среды, аккредитованных в соответствии с настоящим Кодексом для проведения общественного экологического контроля.

5. Порядок проведения общественного экологического контроля определяется настоящим Кодексом, а также некоммерческими организациями в области охраны окружающей среды в соответствии с их уставами.

6. Общественный экологический контроль включает в себя:

1) информирование некоммерческими организациями, осуществляющими общественный экологический контроль, уполномоченного органа в области охраны окружающей среды о фактах нарушения требований экологического законодательства Республики Казахстан или рисках такого нарушения;

2) заслушивание на общественном совете, образуемом при уполномоченном органе в области охраны окружающей среды, информации уполномоченного органа в области охраны окружающей среды о фактах нарушения требований экологического законодательства Республики Казахстан субъектами контроля, являющимися операторами объектов I категории, а также о принятых в отношении данных субъектов мерах и состоянии их выполнения;

3) участие представителей некоммерческих организаций в процессе общественного обсуждения результатов государственного экологического контроля.

7. Государственные органы вправе привлекать представителей аккредитованных общественных организаций в области охраны окружающей среды на добровольной основе к работе по выявлению фактов нарушения требований экологического законодательства Республики Казахстан.

8. Общественный экологический контроль в части, не урегулированной настоящим Кодексом, осуществляется в соответствии с Законом Республики Казахстан "Об общественном контроле".

Сноска. Статью 190 с изменениями, внесенными Законом РК от 02.10.2023 № 31-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

РАЗДЕЛ 12. ЭКОЛОГИЧЕСКАЯ КУЛЬТУРА, ОБРАЗОВАНИЕ И ПРОСВЕЩЕНИЕ

Статья 191. Экологическая культура

1. Под экологической культурой понимается система знаний, навыков и ценностных ориентаций, выражающая и определяющая характер отношений между человеком и природой, меру и способ включенности человека в деятельность по сохранению и развитию природной среды.

2. Экологическая культура признается одной из основных личностных ценностей в Республике Казахстан, создающих основу не только для развития самосознания человека, но и роста благосостояния государства.

3. Привитие основ экологической культуры является одной из основополагающих задач общественных отношений, связанных с семейным воспитанием, воспитанием (просвещением) в организациях образования, корпоративной культурой, общественных отношений в условиях системы жилищно-коммунального хозяйства.

4. В целях формирования экологической культуры государство принимает меры по обеспечению распространения информации, формирующей представление человека о его связи с природой, о влиянии его жизнедеятельности на окружающую среду, об угрозе глобального изменения климата и экологических основах устойчивого развития Республики Казахстан.

5. Каждый вправе принимать активное участие в обсуждении вопросов, связанных с экологической ситуацией и государственной экологической политикой, и вносить соответствующие обращения в порядке, установленном Административным процедурно-процессуальным кодексом Республики Казахстан и настоящим Кодексом.

Статья 192. Цель, основные направления, субъекты и объекты экологического образования

1. Под экологическим образованием понимается непрерывный интегрированный процесс обучения, воспитания и развития личности, нацеленный на формирование активной жизненной позиции каждого и повышение экологической культуры в обществе в целом, основанный на принципах устойчивого развития.

2. Экологическое образование включает в себя комплекс мероприятий, направленных как на целевую аудиторию, так и на общество в целом.

3. Целевой аудиторией системы экологического образования могут быть организации образования всех уровней, собственники жилья и другого недвижимого имущества, производители товаров, работ и услуг и их потребители.

4. Экологическое просвещение – распространение экологических знаний, информации о состоянии окружающей среды и экологической безопасности, иной экологической информации в целях формирования в обществе основ экологической культуры.

5. Государство принимает следующие меры, обеспечивающие информирование населения по экологическим вопросам и участие общественности в обсуждении вопросов, касающихся охраны окружающей среды:

1) обеспечение доступа общественности к экологической информации о состоянии атмосферного воздуха, изменении климата, состоянии водных и земельных ресурсов, биоразнообразии, энергетической обстановке, управлении отходами;

2) информирование населения, в том числе собственников жилья и другого недвижимого имущества через систему жилищного коммунального хозяйства, о влиянии на состояние окружающей среды качества потребления водных и энергетических ресурсов, об экологически эффективном управлении отходами;

3) информирование субъектов предпринимательства о принимаемых государством мерах по поддержке ресурсосберегающего производства, производства товаров, выполнения работ и оказания услуг с использованием вторичных ресурсов;

4) информирование потребителей о степени экологичности производства потребляемых товаров, работ и услуг и мерах по стимулированию приобретения ими товаров, работ и услуг, получаемых путем энергоэффективного производства и с использованием вторичных ресурсов;

5) обеспечение участия в проведении общественного экологического контроля в случаях, установленных настоящим Кодексом.

Статья 193. Экологическое образование в организациях образования

1. Экологическое образование в организациях образования осуществляется посредством реализации интеграции тем экологических технологий с учетом ландшафтных региональных приоритетов, климатических изменений, рассматриваемых через призму Целей устойчивого развития, а также возможного внедрения специализированных и междисциплинарных образовательных программ, интеграции экологических аспектов в учебные дисциплины.

2. Образовательные программы и учебные дисциплины предусматривают практико-ориентированный подход, направленный как на теоретическое изучение, так и на практические занятия.

3. Государственные общеобязательные стандарты образования и типовые учебные программы профессионального образования по специальностям в области охраны окружающей среды и использования природных ресурсов утверждаются уполномоченным органом в области образования по согласованию с уполномоченным органом в области охраны окружающей среды.

4. Типовые учебные программы профессионального образования по специальностям в области охраны окружающей среды и использования природных ресурсов должны предусматривать обязательную профессиональную подготовку на право работы с опасными отходами, а также способствовать развитию системы дуального образования.

Статья 194. Государственная поддержка экологического образования и просвещения

1. Государство осуществляет поддержку экологического образования и просвещения по следующим приоритетным направлениям:

1) определение долгосрочного плана действий в области экологического образования в целях содействия переходу Республики Казахстан к устойчивому развитию;

2) совершенствование учебно-методической и научно-методической основ экологического образования и просвещения;

3) подготовка квалифицированных специалистов в области охраны окружающей среды, продвижение лучших отечественных и зарубежных инновационных педагогических методик по формированию экологической культуры в целом;

4) создание практико-ориентированных модулей, содержащих интегрированные решебники, игровые, иллюстративные, справочные и другие виды материалов, которые позволят обеспечить доступ населения Республики Казахстан к экологическому образованию и просвещению;

5) содействие развитию организаций, в том числе некоммерческих, молодежных и школьных, осуществляющих программы и мероприятия по экологическому просвещению в обществе и семье;

6) подготовка на базе специализированных организаций специалистов в области адаптации к изменению климата;

7) информирование общественности о прогнозируемых техногенных воздействиях, воздействиях изменения климата, уязвимости человека и окружающей среды в таких условиях и мерах по адаптации к изменению климата.

2. Меры государственной поддержки включают:

1) финансирование экологического образования в организациях образования (учебно-методической работы и мероприятий по экологическому образованию и просвещению, повышению квалификации специалистов);

2) активное участие государственных органов в формировании государственного образовательного заказа на подготовку специалистов в области охраны окружающей среды;

3) предоставление государственного заказа на поддержку инновационных методических практик, исследований в области экологического образования в целях содействия устойчивому развитию;

4) предоставление государственного социального заказа в целях поддержки некоммерческих организаций, осуществляющих деятельность в области экологического образования и просвещения;

5) проведение мероприятий по экологическому образованию и просвещению, повышению квалификации, подготовке и переподготовке кадров.

РАЗДЕЛ 13. ЭКОЛОГИЧЕСКИЕ НАУЧНЫЕ ИССЛЕДОВАНИЯ

Статья 195. Цели и задачи экологических научных исследований

1. Экологические научные исследования проводятся в целях научного обеспечения охраны окружающей среды, разработки научно обоснованных мероприятий по улучшению, восстановлению, обеспечению устойчивого функционирования природных экосистем, сохранения биоразнообразия и воспроизводства природных ресурсов, изучения воздействий изменения климата, разработки мер по смягчению воздействий на климат и адаптации к изменению климата, улучшения здоровья населения, обеспечения экологической безопасности и социального, экономического и экологически сбалансированного развития Республики Казахстан.

2. Задачами экологических научных исследований являются:

1) научная оценка и прогноз состояния окружающей среды;

2) разработка научно обоснованных экологических нормативов, национальных стандартов в области охраны окружающей среды;

3) разработка научных рекомендаций для обеспечения государственного регулирования и управления в области охраны окружающей среды;

4) научное обоснование, разработка и внедрение экологически эффективных ресурсосберегающих технологий;

5) обеспечение научной основы разработки мер по смягчению воздействий на климат и адаптации к изменению климата.

Статья 196. Основные направления экологических научных исследований

1. Для решения задач научного обеспечения в области охраны окружающей среды могут осуществляться следующие виды научных исследований:

1) разработка комплексных республиканских, региональных, местных научных обоснований социально-экономического устойчивого развития территорий;

2) исследование устойчивости экосистем к антропогенному воздействию и разработка научных основ определения экологических рисков;

3) исследование состояния биоразнообразия, разработка методологии его сохранения и защиты от негативного воздействия, методов оценки причиненного вреда биоразнообразию;

4) оценка уровня антропогенных нагрузок на окружающую среду и степени нарушения экосистем и ландшафтов;

5) определение зональных уровней порога антропогенных воздействий на экосистемы и ландшафты;

6) разработка научно обоснованных нормативных документов в области охраны окружающей среды;

7) выявление влияния факторов окружающей среды на здоровье населения;

8) районирование и ранжирование территории республики по степени экологической напряженности;

9) исследования, связанные с разработкой целевых показателей качества окружающей среды;

10) исследования, связанные с разработкой методов и технологий по очистке эмиссий в окружающую среду и по ремедиации;

11) исследования по комплексному использованию сырья, переработке и утилизации отходов;

12) исследования по поиску, научно-техническому обоснованию и внедрению новых экологически эффективных и ресурсосберегающих технологий;

13) разработка материалов, научное сопровождение оценки состояния окружающей среды и прогнозирование его изменений под влиянием антропогенных и природных факторов;

14) научное обоснование методов предотвращения или ослабления негативных последствий воздействия антропогенных или природных факторов на окружающую среду;

15) системное изучение и обобщение результатов экологического мониторинга количественных и качественных показателей состояния экосистем и объектов на основе многолетних наблюдений и оперативного контроля;

16) научное обеспечение мониторинга состояния окружающей среды;

17) разработка и научное обоснование лимитов (квот) на эмиссии в окружающую среду, использование природных ресурсов;

18) комплексные исследования изменения климата, включая оценку его воздействия на экономику и природные ресурсы Республики Казахстан, смягчение воздействия изменения климата и адаптацию к изменению климата;

19) исследование состояния озонового слоя, процессов его разрушения и восстановления, разработка мер по предотвращению влияния деятельности человека на состояние озонового слоя;

20) исследование проблем механизмов экономического регулирования деятельности, оказывающей негативное воздействие на окружающую среду, разработка методов оценки экономической эффективности и затрат на мероприятия по охране окружающей среды и научное сопровождение этих мероприятий;

21) участие в разработке и научном обосновании экологических индикаторов социально-экономического развития Республики Казахстан;

22) проведение научных исследований, связанных с выполнением обязательств Республики Казахстан по международным договорам в области охраны окружающей среды и использования природных ресурсов;

23) международное научное сотрудничество в области охраны окружающей среды и использования природных ресурсов;

24) научное обоснование мер по компенсации потери биоразнообразия;

25) исследования по экономической оценке экосистемных услуг и биоразнообразия.

2. Финансирование фундаментальных и прикладных научных экологических исследований осуществляется за счет бюджетных средств и других источников финансирования, не запрещенных законодательными актами Республики Казахстан.

Статья 197. Требования к проведению экологических научных исследований

1. Научные экологические исследования проводятся научными организациями в соответствии с настоящим Кодексом и законодательством Республики Казахстан о науке.

2. Научные исследования в области охраны окружающей среды на территории Республики Казахстан могут осуществляться как казахстанскими, так и иностранными физическими и юридическими лицами, а также международными организациями при обязательном выполнении требований законодательства Республики Казахстан.

ОСОБЕННАЯ ЧАСТЬ

РАЗДЕЛ 14. ОХРАНА АТМОСФЕРНОГО ВОЗДУХА

Статья 198. Атмосферный воздух и его охрана

1. Атмосферный воздух – жизненно важный компонент природной среды, представляющий собой смесь газов атмосферы, находящуюся за пределами жилых, производственных и иных помещений.

2. Атмосферный воздух в соответствии с экологическим законодательством Республики Казахстан подлежит охране от загрязнения.

3. Под загрязнением атмосферного воздуха понимается наличие в атмосферном воздухе загрязняющих веществ в концентрациях или физических воздействий на уровнях, превышающих установленные государством экологические нормативы качества атмосферного воздуха.

Источниками загрязнения атмосферного воздуха признаются поступления загрязняющих веществ, физических воздействий в атмосферный воздух в результате антропогенных и природных факторов, а также образование загрязняющих веществ в атмосферном воздухе в результате происходящих в нем химических, физических и биологических процессов.

Статья 199. Выброс загрязняющих веществ в атмосферный воздух

1. Под выбросом загрязняющих веществ в атмосферный воздух (далее – выброс) понимается поступление загрязняющих веществ в атмосферный воздух от источников выброса.

2. Источниками выбросов являются сооружение, техническое устройство, оборудование, установка, площадка, транспортное или иное передвижное средство, в процессе эксплуатации которых происходит поступление загрязняющих веществ в атмосферный воздух.

3. Источники выброса подразделяются на стационарные и передвижные источники.

4. Стационарным источником признается источник выброса, который не может быть перемещен без его демонтажа и постоянное местоположение которого может быть определено с применением единой государственной системы координат или который может быть перемещен посредством транспортного или иного передвижного средства, но требует неподвижного (стационарного) относительно земной поверхности положения в процессе его эксплуатации.

Выброс от стационарного источника считается организованным, если он осуществляется через специальное сооружение, систему или устройство (дымовые и вентиляционные трубы, газоходы, воздуховоды, вентиляционные шахты, аэрационные фонари, дефлекторы и иные), обеспечивающие направленность потока отходящих пыле- и газовоздушных смесей. Иные типы выброса от стационарного источника, при которых высвобождение загрязняющих веществ в атмосферный воздух осуществляется в виде ненаправленных диффузных потоков, относятся к неорганизованному выбросу.

5. Передвижным источником признается транспортное средство или иное передвижное средство, техника или установка, оснащенные двигателями внутреннего сгорания, работающими на различных видах топлива, и способные осуществлять выброс как в стационарном положении, так и в процессе передвижения.

Статья 200. Экологические нормативы качества атмосферного воздуха

1. Экологические нормативы качества атмосферного воздуха устанавливаются:

1) для химических показателей состояния атмосферного воздуха – в виде предельно допустимых концентраций загрязняющих веществ в атмосферном воздухе;

2) для физических показателей состояния атмосферного воздуха – в виде предельно допустимых уровней физических воздействий на атмосферный воздух.

2. Под предельно допустимой концентрацией загрязняющих веществ в атмосферном воздухе понимается максимальное количество (масса) химического вещества, признанного в соответствии с настоящим Кодексом загрязняющим, которое (которая) при постоянном или временном воздействии на человека не влияет на его здоровье и не вызывает неблагоприятных наследственных изменений у его потомства, а также не вызывает деградацию компонентов природной среды, не нарушает устойчивость экологических систем и не приводит к сокращению биоразнообразия.

3. Предельно допустимая концентрация загрязняющего вещества в атмосферном воздухе устанавливается для отдельных загрязняющих веществ в виде:

1) массы загрязняющего вещества в единице объема атмосферного воздуха и выражается как соотношение миллиграмм на кубический метр;

2) массы загрязняющего вещества, оседающей на единицу земной поверхности за единицу времени, и выражается как соотношение грамм на квадратный метр за календарный год.

4. Для загрязняющих веществ массовые концентрации в единице объема атмосферного воздуха определяются для стандартных условий 293.15 К и 101.3 кПа.

5. Предельно допустимая концентрация загрязняющего вещества в атмосферном воздухе в зависимости от вида загрязняющего вещества устанавливается с учетом следующих периодов усреднения показателей:

1) годовые показатели – усредненные показатели концентрации загрязняющего вещества в единице объема атмосферного воздуха или на единице земной поверхности в течение одного календарного года;

2) суточные показатели – усредненные показатели концентрации загрязняющего вещества в единице объема атмосферного воздуха за двадцать четыре часа в пределах одних календарных суток;

3) часовые показатели – усредненные показатели концентрации загрязняющего вещества в единице объема атмосферного воздуха за один час.

6. Помимо периодов усреднения показателей, экологическими нормативами качества атмосферного воздуха определяется предельно допустимое количество превышений суточных и часовых показателей в течение одного календарного года.

7. Если при соблюдении установленных экологических нормативов качества атмосферного воздуха в пределах отдельных территорий обнаруживаются признаки ухудшения состояния живых элементов естественной экологической системы (растений, животных и других организмов), подтвержденные научными исследованиями за период не менее пяти лет, то для таких территорий соответствующий местный представительный орган области, города республиканского значения, столицы по согласованию с уполномоченным органом в области охраны окружающей среды обязан установить более строгие территориальные экологические нормативы качества атмосферного воздуха в виде предельно допустимых концентраций загрязняющих веществ в атмосферном воздухе и (или) предельно допустимых уровней физических воздействий, при которых не наблюдается негативное отклонение показателей состояния наиболее уязвимой группы биологических объектов, используемых как индикаторы качества окружающей среды.

8. Нормативы качества воздуха внутри жилых, производственных и иных помещений, а также нормативы качества атмосферного воздуха в пределах промышленных (производственных) зон устанавливаются гигиеническими нормативами в соответствии с законодательством Республики Казахстан в области здравоохранения. Указанные нормативы не относятся к экологическим нормативам и не регулируются экологическим законодательством Республики Казахстан.

Статья 201. Нормативы допустимого антропогенного воздействия на атмосферный воздух

1. В целях обеспечения охраны атмосферного воздуха государством устанавливаются следующие нормативы допустимого антропогенного воздействия на атмосферный воздух:

1) нормативы допустимых выбросов;

2) технологические нормативы выбросов;

3) нормативы допустимых физических воздействий на атмосферный воздух.

2. Правила определения нормативов допустимого антропогенного воздействия на атмосферный воздух утверждаются уполномоченным органом в области охраны окружающей среды.

Статья 202. Нормативы допустимых выбросов и технологические нормативы выбросов

1. Норматив допустимого выброса – экологический норматив, который устанавливается в экологическом разрешении и определяется как максимальная масса загрязняющего вещества либо смеси загрязняющих веществ, допустимая (разрешенная) для выброса в атмосферный воздух.

2. Нормативы допустимых выбросов определяются для отдельного стационарного источника и (или) совокупности стационарных источников, входящих в состав объекта I или II категории, расчетным путем с применением метода моделирования рассеивания приземных концентраций загрязняющих веществ таким образом, чтобы общая нагрузка на атмосферный воздух в пределах области воздействия не приводила к нарушению установленных экологических нормативов качества окружающей среды или целевых показателей качества окружающей среды.

Областью воздействия считается территория (акватория), определенная путем моделирования рассеивания приземных концентраций загрязняющих веществ.

Для совокупности стационарных источников область воздействия рассчитывается как сумма областей воздействия отдельных стационарных источников выбросов.

3. Под общей нагрузкой на атмосферный воздух понимается совокупное воздействие:

1) выбросов объекта I или II категории, для которого разрабатываются нормативы допустимого выброса, с учетом уровней существующего воздействия (для действующих источников выброса) или обоснованно предполагаемого уровня воздействия (для новых и реконструируемых источников выброса);

2) природного фона атмосферного воздуха, под которым понимаются массовые концентрации загрязняющих веществ в атмосферном воздухе, обусловленные высвобождением в атмосферный воздух или образованием в нем загрязняющих веществ в результате естественных природных процессов;

3) базового антропогенного фона атмосферного воздуха, под которым понимаются массовые концентрации загрязняющих веществ в атмосферном воздухе, обусловленные выбросами других стационарных и передвижных источников, которые осуществляются на момент определения нормативов допустимого выброса в отношении объекта, указанного в подпункте 1) настоящего пункта.

4. Общая нагрузка на атмосферный воздух определяется с учетом географических, климатических и иных природных условий и особенностей территорий и акваторий, в отношении которых осуществляется экологическое нормирование. При определении общей нагрузки на атмосферный воздух учитывается также непостоянность (сезонность) воздействий, указанных в пункте 3 настоящей статьи, в течение календарного года.

5. Нормативы допустимых выбросов устанавливаются для каждого загрязняющего вещества в виде:

1) массовой концентрации загрязняющего вещества, под которой понимается масса загрязняющего вещества в единице объема сухих отходящих газов и которая выражается как соотношение миллиграмм на кубический метр;

2) скорости массового потока загрязняющего вещества, под которой понимается масса загрязняющего вещества, выбрасываемая в единицу времени, и которая выражается как соотношение грамм в секунду.

Показатели, касающиеся объема и скорости массового потока отходящих газов, определяются при стандартных условиях 293.15 К и 101.3 кПа и, если иное прямо не предусмотрено экологическим законодательством Республики Казахстан, после вычитания содержания водяного пара.

Показатели массовой концентрации загрязняющего вещества определяются путем усреднения соответствующих показателей выброса в течение одних календарных суток нормальной (регламентной) работы стационарного источника выбросов при наиболее неблагоприятных с точки зрения охраны атмосферного воздуха условиях его эксплуатации.

Показатели скорости массового потока загрязняющего вещества определяются путем усреднения соответствующих показателей выброса в течение одного часа нормальной (регламентной) работы источника выбросов при наиболее неблагоприятных с точки зрения охраны атмосферного воздуха условиях его эксплуатации.

6. Выбросы считаются сверхнормативными, если:

1) усредненные показатели массовых концентраций за календарные сутки превышают установленное значение массовых концентраций;

2) усредненные показатели массовых концентраций за тридцать минут превышают установленное значение массовых концентраций в два и более раза.

7. В целях обеспечения соблюдения установленных нормативов допустимой совокупной антропогенной нагрузки на атмосферный воздух наряду с нормативами допустимых выбросов в экологическом разрешении устанавливаются годовые лимиты на выбросы, выраженные в тоннах в год, для каждого стационарного источника и объектов I и II категорий в целом.

8. Нормативы допустимых выбросов устанавливаются для штатных (регламентных) условий эксплуатации стационарных источников, входящих в состав объекта I или II категории, при их максимальной нагрузке (мощности), предусмотренной проектными документами, в том числе при условии нормального (регламентного) функционирования всех систем и устройств вентиляции и установок очистки газа.

Нормативы допустимых выбросов объекта I или II категории устанавливаются для условий его нормального функционирования с учетом перспективы развития, то есть загрузки оборудования и режимов его эксплуатации, включая системы и устройства вентиляции и пылегазоочистного оборудования, предусмотренных технологическим регламентом. При этом для действующих объектов I или II категории учитывается фактическая максимальная нагрузка оборудования за последние три года в пределах показателей, установленных проектом.

9. Разрешаются выбросы от технологически неизбежного сжигания сырого газа при отклонениях от исходных данных, используемых для расчетов выбросов в проектах нормативов допустимых выбросов и проектной документации, при условии соблюдения установленных нормативов допустимых выбросов и технологических нормативов.

Признаются сверхнормативными выбросы при сжигании сырого газа на факеле, которое не признано уполномоченным органом в области углеводородов в качестве технологически неизбежного сжигания при технологическом сбое, отказе или отклонении в работе технологического оборудования.

10. Нормативы допустимых выбросов не рассчитываются и не устанавливаются для аварийных выбросов. Под аварийным выбросом понимается непредвиденный, непредсказуемый и непреднамеренный выброс, вызванный аварией, происшедшей при эксплуатации объекта I или II категории.

Правила учета фактических аварийных выбросов определяются настоящим Кодексом.

11. Если в выбросах стационарного источника содержатся вещества, для которых экологические нормативы качества не установлены, в рамках проведения обязательной оценки воздействия на окружающую среду должна быть также проведена оценка их возможного негативного воздействия на окружающую среду. Целью проведения такой оценки является определение вида и степени негативного воздействия отдельных веществ на исследуемую территорию, а также существенных опасных негативных последствий для населения и окружающей среды. Проведение оценки возможного негативного воздействия веществ на окружающую среду должно быть основано на передовых практиках и научных достижениях.

В процессе проведения оценки возможного негативного воздействия веществ на окружающую среду риск причинения вреда здоровью населения всегда рассматривается в качестве существенного фактора, тогда как негативные последствия для природных компонентов признаются существенными по результатам рассмотрения и анализа следующих аспектов:

1) целевого назначения земли и условий землепользования, определенных в соответствии с земельным законодательством Республики Казахстан;

2) целевого назначения водных объектов и условий водопользования, определенных в соответствии с водным законодательством Республики Казахстан;

3) целей, задач и мероприятий, установленных в рамках реализации государственной экологической политики на национальном и местном уровнях;

4) прав и законных интересов собственников земельных участков, землепользователей и водопользователей, затрагиваемых возможным вредным воздействием выброса такого вещества;

5) планируемых или реализуемых на соответствующей территории (в акватории) мер по охране окружающей среды и улучшению ее качества.

12. Если по результатам расчетов рассеивания выявлено превышение установленных экологических нормативов качества на любой из точек оценки, экологическое разрешение может быть выдано только при выполнении одного из следующих условий:

1) вклад стационарного источника или группы стационарных источников, в отношении которых осуществляется расчет нормативов допустимого выброса, не превышает трех процентов от годового значения экологического норматива качества, установленного для этого загрязняющего вещества, и при условии, что оператор объекта в рамках плана мероприятий по охране окружающей среды или программы повышения экологической эффективности принимает на себя обязательство выполнить мероприятия по сокращению выбросов до уровня, превосходящего минимальные значения технологических показателей выбросов, связанных с внедрением наилучших доступных техник;

2) оператор объекта принимает на себя обязательство по проведению мероприятий по охране атмосферного воздуха (в том числе путем замены топлива или сырья на более экологически чистые, внесения изменений в технологию производства, изменения иных параметров выбросов для улучшения условий рассеивания загрязняющего вещества и иных подобных мероприятий), гарантирующих соблюдение экологических нормативов качества атмосферного воздуха, к определенному экологическим разрешением сроку, не превышающему одного календарного года с даты выдачи экологического разрешения.

13. Для объектов I категории комплексным экологическим разрешением, помимо нормативов допустимых выбросов, устанавливаются технологические нормативы.

14. В отношении новых и реконструируемых объектов I категории, если результаты расчетов рассеивания приземных концентраций загрязняющих веществ показывают, что общая нагрузка на атмосферный воздух приведет к нарушению установленных экологических нормативов качества окружающей среды или целевых показателей качества окружающей среды, в комплексном экологическом разрешении должны быть установлены более строгие нормативы допустимых выбросов, чем те, которые соответствуют технологическим показателям, связанным с применением наилучших доступных техник, таким образом, чтобы обеспечивалось соблюдение экологических нормативов качества окружающей среды или целевых показателей качества окружающей среды.

15. В отношении действующих объектов I категории, если результаты расчетов рассеивания приземных концентраций загрязняющих веществ показывают превышение установленных экологических нормативов качества окружающей среды или целевых показателей качества окружающей среды, в комплексном экологическом разрешении должны быть установлены более строгие нормативы допустимых выбросов, чем те, которые соответствуют технологическим показателям, связанным с применением наилучших доступных техник, в той мере, в которой достижение таких более строгих нормативов допустимых выбросов является технически возможным при приемлемых для оператора объекта экономических затратах.

16. Приземной концентрацией загрязняющего вещества признается масса загрязняющего вещества в единице объема атмосферного воздуха в двухметровом слое над поверхностью земли.

17. Нормативы допустимых выбросов для передвижных источников не устанавливаются.

Статья 203. Мониторинг соблюдения нормативов допустимых выбросов

1. Мониторинг соблюдения нормативов допустимых выбросов стационарного источника и (или) совокупности стационарных источников и их влияния на качество атмосферного воздуха осуществляется в соответствии с требованиями настоящего Кодекса и условиями, установленными в экологическом разрешении.

2. Мониторинг соблюдения нормативов допустимых выбросов стационарного источника и (или) совокупности стационарных источников осуществляется путем измерений в соответствии с утвержденным перечнем измерений, относящихся к государственному регулированию. При невозможности проведения мониторинга путем измерений допускается применение расчетного метода.

В случаях, предусмотренных настоящим Кодексом, на объектах I категории мониторинг соблюдения нормативов допустимых выбросов обеспечивается также путем обязательного использования автоматизированной системы мониторинга эмиссий в окружающую среду.

3. Мониторинг соблюдения экологических нормативов качества атмосферного воздуха осуществляется на установленных в экологическом разрешении точках оценки.

4. Расположение точек оценки в пределах области воздействия определяется таким образом, чтобы:

1) в них достигались максимальные значения воздействия выбросов, установленные по результатам моделирования приземных концентраций загрязняющих веществ и с учетом соответствующего для каждого загрязняющего вещества периода усреднения;

2) учитывались существующие природный и антропогенный фоны атмосферного воздуха.

5. Количество точек оценки зависит от установленного периода усреднения для того или иного загрязняющего вещества и определяется следующим образом:

1) уровень соблюдения экологических нормативов качества атмосферного воздуха по загрязняющим веществам, для которых определены как суточные (краткосрочное максимальное воздействие), так и годовые (долговременное воздействие) значения, оценивается на двух соответствующих точках;

2) уровень соблюдения экологических нормативов качества атмосферного воздуха по загрязняющим веществам, имеющим только годовое значение, оценивается на одной точке оценки.

6. Дополнительные точки оценки определяются для загрязняющих веществ, для которых установлены экологические нормативы качества атмосферного воздуха в части влияния на экосистемы и растительность. Точки оценки соблюдения таких экологических нормативов должны устанавливаться на расстоянии не менее двадцати километров от агломераций и не менее пяти километров от других городских застроек и промышленных зон.

7. Если в пределах области воздействия расположены селитебные территории, то должны быть установлены дополнительные точки оценки.

8. Обоснование определения местоположения и количества точек оценки должно быть представлено в экологическом разрешении.

Статья 204. Инвентаризация стационарных источников выбросов

1. Местные исполнительные органы областей, городов республиканского значения, столицы обеспечивают инвентаризацию стационарных источников выбросов загрязняющих веществ в атмосферный воздух в населенных пунктах с населением свыше десяти тысяч человек.

2. Инвентаризация стационарных источников выбросов осуществляется на основании следующих исходных данных:

1) выданных комплексных экологических разрешений;

2) выданных экологических разрешений на воздействие;

3) представленных деклараций о воздействии на окружающую среду;

4) статистической информации по объектам IV категории;

5) данных государственного экологического мониторинга;

6) результатов государственного экологического контроля.

3. Порядок проведения инвентаризации стационарных источников выбросов, корректировки ее данных, документирования и хранения данных, полученных в результате проведения таких инвентаризации и корректировки, осуществляется в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

Статья 205. Сводные расчеты загрязнения атмосферного воздуха и сводные тома предельно допустимых выбросов населенных пунктов

1. Местные исполнительные органы областей, городов республиканского значения, столицы обеспечивают проведение сводных расчетов загрязнения атмосферного воздуха в населенных пунктах с населением свыше десяти тысяч человек и составление на их основе сводного тома предельно допустимых выбросов населенного пункта.

2. Сводный расчет загрязнения атмосферного воздуха населенного пункта представляет собой расчет совокупного воздействия на атмосферный воздух выбросов всех стационарных и передвижных источников, расположенных или эксплуатируемых на территории соответствующего населенного пункта, а также фактических и прогнозируемых приземных концентраций загрязняющих веществ.

3. Подготовка сводных расчетов загрязнения атмосферного воздуха осуществляется в целях оценки совокупной антропогенной нагрузки на воздушный бассейн соответствующего населенного пункта, прогноза изменения его качества и выработки мер по регулированию и сокращению выбросов, а также для установления целевых показателей качества окружающей среды.

4. В качестве исходных данных для расчета загрязнения атмосферного воздуха в населенных пунктах используются следующие материалы:

1) результаты инвентаризации стационарных источников выбросов;

2) данные о новых стационарных источниках выбросов, строительство или реконструкция которых находится на этапе проектирования, в том числе проекты нормативов допустимых выбросов, проектная документация на строительство (реконструкцию) объектов;

3) ситуационный план населенного пункта с указанием действующих и проектируемых стационарных источников выбросов;

4) статистическая и аналитическая информация о передвижных источниках, в том числе о количестве, составе и динамике увеличения (сокращения) парка автотранспортных средств, эксплуатируемых в населенном пункте, с разбивкой по типам двигателя и используемого топлива или источника энергии, карты-схемы распределения автотранспортных потоков в населенных пунктах;

5) информация о реализуемых и запланированных мероприятиях, направленных на сокращение выбросов, в том числе утвержденные планы мероприятий по охране окружающей среды, программы повышения экологической эффективности;

6) информация о реализуемых и запланированных мероприятиях по охране окружающей среды, направленных на сокращение выбросов в пределах населенного пункта;

7) иная статистическая и аналитическая информация.

5. Сводные расчеты загрязнения атмосферного воздуха населенного пункта проводятся не реже одного раза в пять лет и используются как основа для разработки, корректировки и дополнения сводного тома предельно допустимых выбросов населенного пункта.

6. Сводный том предельно допустимых выбросов населенного пункта является постоянно действующим и перерабатываемым документом, определяющим фактическую и прогнозную экологическую емкость воздушного бассейна населенного пункта в целях дальнейшего обоснования градостроительной и строительной деятельности, планирования объектов транспортной инфраструктуры, государственного регулирования и управления в области транспорта, планирования мероприятий по охране окружающей среды.

7. Заказчиками проведения сводных расчетов загрязнения атмосферного воздуха и разработки сводного тома предельно допустимых выбросов населенных пунктов являются местные исполнительные органы соответствующих населенных пунктов.

8. Проведение сводных расчетов загрязнения атмосферного воздуха и разработку сводных томов предельно допустимых выбросов вправе осуществлять организации, имеющие лицензию на выполнение работ и оказание услуг в области охраны окружающей среды по подвиду "природоохранное проектирование, нормирование для объектов I категории", на основании договора с заказчиком, заключаемого в соответствии с законодательством Республики Казахстан о государственных закупках.

Проект сводного тома предельно допустимых выбросов населенного пункта проходит обязательную процедуру общественных слушаний в соответствии с правилами проведения общественных слушаний.

9. Сводный том предельно допустимых выбросов населенного пункта подписывается разработчиком проекта, согласовывается с территориальными подразделениями уполномоченного органа в области охраны окружающей среды и государственного органа в сфере санитарно-эпидемиологического благополучия населения и утверждается заказчиком.

10. Сводный том предельно допустимых выбросов населенного пункта используется при:

1) проведении экологической оценки;

2) разработке градостроительной и строительной документации;

3) принятии решений о ликвидации объектов и комплексов;

4) разработке планов развития общественного транспорта, коммунального хозяйства, мер по стимулированию перехода населения на экологически более безопасные виды транспорта, внедрения экологически эффективных градостроительных и строительных решений;

5) установлении нормативов допустимых выбросов;

6) осуществлении государственного экологического контроля в части соблюдения установленных нормативов допустимых выбросов;

7) составлении отчетности государственных органов по вопросам охраны окружающей среды;

8) планировании и реализации мероприятий по охране атмосферного воздуха;

9) разработке целевых показателей качества окружающей среды.

Сноска. Статья 205 с изменением, внесенным Законом РК от 02.10.2023 № 31-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 206. Общие положения об экологических требованиях по охране атмосферного воздуха

1. В целях предупреждения вредного антропогенного воздействия на атмосферный воздух экологическим законодательством Республики Казахстан устанавливаются обязательные для соблюдения при осуществлении деятельности человека экологические требования по охране атмосферного воздуха.

2. Запрещается выброс в атмосферный воздух веществ, степень опасности которых для жизни и (или) здоровья людей и окружающей среды научно не установлена.

Примечание ИЗПИ!
В пункт 23 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3. Местные представительные органы областей, городов республиканского значения, столицы вправе своими нормативными правовыми актами по согласованию с уполномоченным органом в области охраны окружающей среды предусматривать введение специальных экологических требований в области охраны атмосферного воздуха на территориях отдельных административно-территориальных единиц в случаях, когда на таких территориях не соблюдаются установленные экологические нормативы качества атмосферного воздуха.

Статья 207. Экологические требования по охране атмосферного воздуха при эксплуатации установок очистки газов

1. Запрещаются размещение, ввод в эксплуатацию и эксплуатация объектов I и II категорий, которые не имеют предусмотренных условиями соответствующих экологических разрешений установок очистки газов и средств контроля за выбросами загрязняющих веществ в атмосферный воздух.

2. Под установкой очистки газа понимается сооружение, оборудование и аппаратура, используемые для очистки отходящих газов от загрязняющих веществ и (или) их обезвреживания.

3. Эксплуатация установок очистки газов осуществляется в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

Примечание ИЗПИ!
В пункт 4 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

4. В случае, если установки очистки газов отсутствуют, отключены или не обеспечивают проектную очистку и (или) обезвреживание, эксплуатация соответствующего источника выброса загрязняющих веществ запрещается.

Статья 208. Экологические требования по охране атмосферного воздуха при производстве и эксплуатации транспортных и иных передвижных средств

1. Запрещается производство в Республике Казахстан транспортных и иных передвижных средств, содержание загрязняющих веществ в выбросах которых не соответствует требованиям технического регламента Евразийского экономического союза.

2. Транспортные и иные передвижные средства, выбросы которых оказывают негативное воздействие на атмосферный воздух, подлежат регулярной проверке (техническому осмотру) на предмет их соответствия требованиям технического регламента Евразийского экономического союза в порядке, определенном законодательством Республики Казахстан.

3. Правительство Республики Казахстан, центральные исполнительные органы и местные исполнительные органы в пределах своей компетенции обязаны осуществлять меры, направленные на стимулирование сокращения выбросов загрязняющих веществ в атмосферный воздух от транспортных и иных передвижных средств.

4. Местные представительные органы областей, городов республиканского значения, столицы в случае выявления по результатам государственного экологического мониторинга регулярного превышения в течение трех последовательных лет нормативов качества атмосферного воздуха на территориях соответствующих административно-территориальных единиц вправе путем принятия соответствующих нормативных правовых актов в пределах своей компетенции по согласованию с уполномоченным органом в области охраны окружающей среды вводить ограничения на въезд транспортных и иных передвижных средств или их отдельных видов в населенные пункты или отдельные зоны в пределах населенных пунктов, на территории мест отдыха и туризма, особо охраняемые природные территории, а также регулировать передвижение в их пределах транспортных и иных передвижных средств в целях снижения антропогенной нагрузки на атмосферный воздух.

Статья 209. Экологические требования по охране атмосферного воздуха при хранении, обезвреживании, захоронении и сжигании отходов

1. Хранение, обезвреживание, захоронение и сжигание отходов, которые могут быть источником загрязнения атмосферного воздуха, вне специально оборудованных мест и без применения специальных сооружений, установок и оборудования, соответствующих требованиям, предусмотренным экологическим законодательством Республики Казахстан, запрещаются.

2. Юридические лица и индивидуальные предприниматели, отходы деятельности которых являются источниками загрязнения атмосферного воздуха, обязаны в соответствии с экологическим законодательством Республики Казахстан обеспечивать своевременный вывоз таких отходов к специализированным местам их хранения, обезвреживания, переработки, утилизации или удаления.

Статья 210. Экологические требования по охране атмосферного воздуха при возникновении неблагоприятных метеорологических условий

1. Под неблагоприятными метеорологическими условиями для целей настоящего Кодекса понимаются метеорологические условия, способствующие накоплению загрязняющих веществ в приземном слое атмосферного воздуха в концентрациях, представляющих опасность для жизни и (или) здоровья людей.

2. При возникновении неблагоприятных метеорологических условий в городских и иных населенных пунктах местные исполнительные органы соответствующих административно-территориальных единиц обеспечивают незамедлительное распространение необходимой информации среди населения, а также в соответствии с настоящим Кодексом вводят временные меры по регулированию выбросов загрязняющих веществ в атмосферный воздух на период неблагоприятных метеорологических условий.

3. В периоды кратковременного загрязнения атмосферного воздуха в городских и иных населенных пунктах, вызванного неблагоприятными метеорологическими условиями, юридические лица, индивидуальные предприниматели, имеющие стационарные источники выбросов в пределах соответствующих административно-территориальных единиц, обязаны соблюдать временно введенные местным исполнительным органом соответствующей административно-территориальной единицы требования по снижению выбросов стационарных источников вплоть до частичной или полной остановки их эксплуатации.

Требование части первой настоящего пункта не распространяется на стационарные источники, частичная или полная остановка эксплуатации которых не допускается в соответствии с законодательством Республики Казахстан.

4. Информация о существующих или прогнозных неблагоприятных метеорологических условиях предоставляется Национальной гидрометеорологической службой в соответствующий местный исполнительный орган и территориальное подразделение уполномоченного органа в области охраны окружающей среды, которые обеспечивают контроль за проведением юридическими лицами, индивидуальными предпринимателями мероприятий по уменьшению выбросов загрязняющих веществ в атмосферный воздух на период действия неблагоприятных метеорологических условий.

5. Порядок предоставления информации о неблагоприятных метеорологических условиях, требования к составу и содержанию такой информации, порядок ее опубликования и предоставления заинтересованным лицам устанавливаются уполномоченным органом в области охраны окружающей среды.

Статья 211. Экологические требования по охране атмосферного воздуха при авариях

1. При ухудшении качества атмосферного воздуха, которое вызвано аварийными выбросами загрязняющих веществ в атмосферный воздух и при котором создается угроза жизни и (или) здоровью людей, принимаются экстренные меры по защите населения в соответствии с законодательством Республики Казахстан о гражданской защите.

2. При возникновении аварийной ситуации на объектах I и II категорий, в результате которой происходит или может произойти нарушение установленных экологических нормативов, оператор объекта безотлагательно, но в любом случае в срок не более двух часов с момента обнаружения аварийной ситуации обязан сообщить об этом в уполномоченный орган в области охраны окружающей среды и предпринять все необходимые меры по предотвращению загрязнения атмосферного воздуха вплоть до частичной или полной остановки эксплуатации соответствующих стационарных источников или объекта в целом, а также по устранению негативных последствий для окружающей среды, вызванных такой аварийной ситуацией.

РАЗДЕЛ 15. ОХРАНА ВОДНЫХ ОБЪЕКТОВ

Статья 212. Водные объекты и их охрана

1. Водные объекты в соответствии с экологическим законодательством Республики Казахстан подлежат охране от:

1) антропогенного загрязнения;

2) засорения;

3) истощения.

2. Водные объекты в соответствии с экологическим законодательством Республики Казахстан подлежат охране с целью предотвращения:

1) причинения вреда жизни и (или) здоровью людей;

2) нарушения устойчивости функционирования экологических систем;

3) опустынивания, деградации земель, лесов и иных компонентов природной среды;

4) сокращения биоразнообразия;

5) причинения экологического ущерба.

3. Загрязнением водных объектов признается присутствие в поверхностных или подземных водах загрязняющих веществ в концентрациях или физических воздействий на уровнях, превышающих установленные государством экологические нормативы качества вод, за исключением объектов, оборудованных и предназначенных для размещения отходов и сброса сточных вод, предотвращающих загрязнение земной поверхности, недр, поверхностных и подземных вод.

Источниками загрязнения водных объектов признаются поступления загрязняющих веществ, физических воздействий в водные объекты в результате антропогенных и природных факторов, а также образование загрязняющих веществ в водных объектах в результате происходящих в них химических, физических и биологических процессов.

Охрана водных объектов осуществляется от всех видов загрязнения, включая диффузное загрязнение (загрязнение через поверхность земли, почву, недра или атмосферный воздух).

4. Засорением водных объектов признается попадание в них твердых и нерастворимых отходов.

Засорение водных объектов запрещается.

В целях охраны водных объектов от засорения не допускается также засорение водосборных площадей водных объектов, ледяного и снежного покрова водных объектов, ледников.

5. Истощением водных объектов признается уменьшение стока, запасов поверхностных вод или снижение объемов запасов подземных вод ниже минимально допустимого уровня.

Требования, направленные на предотвращение истощения водных объектов, устанавливаются водным законодательством Республики Казахстан и настоящим Кодексом.

Статья 213. Сброс загрязняющих веществ

1. Под сбросом загрязняющих веществ (далее – сброс) понимается поступление содержащихся в сточных водах загрязняющих веществ в поверхностные и подземные водные объекты, недра или на земную поверхность.

2. Под сточными водами понимаются:

1) воды, использованные на производственные или бытовые нужды и получившие при этом дополнительные примеси загрязняющих веществ, изменившие их первоначальный состав или физические свойства;

2) дождевые, талые, инфильтрационные, поливомоечные, дренажные воды, стекающие с территорий населенных пунктов и промышленных предприятий;

3) подземные воды, попутно забранные при проведении операций по недропользованию (карьерные, шахтные, рудничные воды, пластовые воды, добытые попутно с углеводородами).

3. Не являются сбросом:

1) закачка пластовых вод, добытых попутно с углеводородами, морской воды, опресненной воды, технической воды с минерализацией 2000 мг/л и более в целях поддержания пластового давления;

2) закачка в недра технологических растворов и (или) рабочих агентов для добычи полезных ископаемых в соответствии с проектами и технологическими регламентами, по которым выданы экологические разрешения и положительные заключения экспертиз, предусмотренных законами Республики Казахстан;

3) отведение вод, используемых для водяного охлаждения, в накопители, расположенные в системе замкнутого (оборотного) водоснабжения;

4) отведение сточных вод в городские канализационные сети.

Нормативы допустимого сброса в таких случаях не устанавливаются.

4. Сброс загрязняющих веществ с морских судов осуществляется с соблюдением положений международных договоров Республики Казахстан.

Статья 214. Экологические нормативы качества вод

1. Экологические нормативы качества вод устанавливаются:

1) для химических показателей – в виде предельно допустимых концентраций загрязняющих веществ в воде;

2) для физических показателей – в виде предельно допустимых уровней физических воздействий (тепловых, радиоактивных) на воды;

3) для биологических показателей – в виде показателей состояния наиболее уязвимой группы биологических объектов, используемых как индикаторы качества вод.

2. Под предельно допустимой концентрацией загрязняющих веществ в воде понимается максимальное количество (масса) химического вещества, признанного в соответствии с настоящим Кодексом загрязняющим, при превышении которого (которой) она становится непригодной для одного или нескольких видов водопользования, вызывает деградацию объектов природной среды или нарушает устойчивость экологических систем и биоразнообразие.

3. Экологические нормативы качества вод поверхностных водных объектов устанавливаются для речного бассейна или его части, водного объекта или его части, учтенных в государственном водном кадастре, для участков внутренних морских вод и территориального моря с учетом их природных особенностей, а также условий целевого использования водных объектов.

4. Экологические нормативы качества вод поверхностных водных объектов или их частей (мест водозабора), используемых для целей питьевого, хозяйственно-питьевого водоснабжения и (или) культурно-бытового водопользования, устанавливаются по химическим и биологическим (микробиологическим) показателям на уровне гигиенических нормативов, утверждаемых в порядке, определенном законодательством Республики Казахстан в области здравоохранения (далее – гигиенические нормативы).

5. Экологические нормативы качества вод поверхностных водных объектов или их частей рыбохозяйственного значения (рыбохозяйственные нормативы) устанавливаются в соответствии с законодательством Республики Казахстан в области охраны, воспроизводства и использования животного мира.

6. Экологические нормативы качества вод поверхностных водных объектов рыбохозяйственного значения, используемых одновременно для целей питьевого, хозяйственно-питьевого водоснабжения и (или) культурно-бытового водопользования, устанавливаются на уровне наиболее строгих показателей (наименьших концентраций) из гигиенического или рыбохозяйственного норматива.

7. В случаях, если природные фоновые концентрации химических веществ в водах поверхностных водных объектов, сформировавшиеся под влиянием природных факторов и характерные для конкретного речного бассейна или его части, водного объекта или его части, превышают значения гигиенических или рыбохозяйственных нормативов, экологические нормативы качества вод разрабатываются и утверждаются уполномоченным органом в области охраны окружающей среды на уровне значений (в интервале допустимого отклонения от значений) показателей природных фоновых концентраций химических веществ в этом речном бассейне или его части, водном объекте или его части.

8. Экологические нормативы качества вод подземных водных объектов, которые используются в качестве источников питьевого и (или) хозяйственно-питьевого водоснабжения или пригодность которых для указанных целей определена на основании санитарно-эпидемиологических заключений, а также подземных водных объектов, определенных в качестве резервированных источников питьевого водоснабжения в соответствии с водным законодательством Республики Казахстан, устанавливаются на уровне соответствующих гигиенических нормативов, разрабатываемых и утверждаемых в порядке, определенном законодательством Республики Казахстан в области здравоохранения.

9. Если при соблюдении установленных экологических нормативов качества вод обнаруживаются признаки ухудшения состояния живых элементов естественной экологической системы (растений, животных и других организмов), подтвержденные научными исследованиями за период не менее пяти лет, то для таких территорий соответствующий местный представительный орган области, города республиканского значения, столицы по согласованию с уполномоченным органом в области охраны окружающей среды обязан установить более строгие территориальные экологические нормативы качества вод, при которых не наблюдается негативное отклонение показателей состояния наиболее уязвимой группы биологических объектов, используемых как индикаторы качества вод.

10. Если международным договором, ратифицированным Республикой Казахстан, установлены иные требования в отношении нормативов качества вод трансграничных водоемов и водотоков, то подлежат применению требования такого международного договора.

Статья 215. Нормативы допустимого антропогенного воздействия на воды

1. В целях охраны водных объектов государством устанавливаются следующие нормативы допустимого антропогенного воздействия на воды:

1) нормативы допустимых сбросов;

2) технологические нормативы сбросов;

3) нормативы допустимых физических воздействий на поверхностные воды;

4) нормативы предельно допустимого негативного воздействия на водные объекты.

2. Нормативы предельно допустимого негативного воздействия на водные объекты устанавливаются исходя из:

1) предельно допустимой величины антропогенной нагрузки, длительное воздействие которой не приведет к изменению экологической системы водного объекта;

2) предельно допустимой массы и концентрации загрязняющих веществ, которые могут поступить в водный объект и на его водосборную площадь.

3. Правила определения нормативов допустимого антропогенного воздействия на водные объекты утверждаются уполномоченным органом в области охраны окружающей среды.

Статья 216. Нормативы допустимых сбросов

1. Норматив допустимого сброса – экологический норматив, который устанавливается в экологическом разрешении и определяется как количество (масса) загрязняющего вещества либо смеси загрязняющих веществ в сточных водах, максимально допустимое (разрешенное) к сбросу в единицу времени.

2. Разработка проекта нормативов допустимых сбросов является обязательной для объектов, которые осуществляют сброс очищенных сточных вод в водный объект или на рельеф местности.

Сброс не очищенных до нормативов допустимых сбросов сточных вод в водный объект или на рельеф местности запрещается.

3. Норматив допустимого сброса должен быть установлен для каждого загрязняющего вещества в каждом выпуске сточных вод.

4. Величины норматива допустимого сброса определяются на уровнях, при которых обеспечивается соблюдение соответствующих экологических нормативов качества воды в контрольном створе с учетом базовых антропогенных фоновых концентраций загрязняющих веществ в воде.

Под базовой антропогенной фоновой концентрацией загрязняющих веществ в воде понимается значение концентрации загрязняющего вещества в конкретном контрольном створе водного объекта при неблагоприятных условиях, обусловленных сбросами других источников, которые осуществляются на момент определения нормативов допустимого сброса.

Под контрольным створом при установлении нормативов допустимого сброса следует понимать определяемый в соответствии с настоящим Кодексом участок поверхностного водного объекта, на котором осуществляются мониторинг и контроль соблюдения экологических нормативов качества вод.

5. Сброс сточных вод в недра запрещается, за исключением случаев закачки очищенных сточных вод в изолированные необводненные подземные горизонты и подземные водоносные горизонты, подземные воды которых не могут быть использованы для питьевых, бальнеологических, технических нужд, нужд ирригации и животноводства.

Очистка сточных вод в случаях, указанных в части первой настоящего пункта, осуществляется в соответствии с утвержденными проектными решениями по нефтепродуктам, взвешенным веществам и сероводороду.

Сброс иных загрязняющих веществ, не указанных в части второй настоящего пункта, при закачке сточных вод в недра нормируется по максимальным показателям концентраций загрязняющих веществ в соответствии с методикой, утвержденной уполномоченным органом в области охраны окружающей среды. Максимальные показатели концентраций загрязняющих веществ обосновываются при проведении оценки воздействия на окружающую среду или в проекте нормативов допустимых сбросов загрязняющих веществ. Сброс таких веществ с превышением установленных максимальных показателей концентраций загрязняющих веществ не считается сверхнормативной эмиссией.

Запрещается закачка в подземные горизонты сточных вод, не очищенных по нефтепродуктам, взвешенным веществам и сероводороду в соответствии с частью второй настоящего пункта.

Статья 217. Технологические нормативы сбросов

1. Для объектов I категории комплексным экологическим разрешением, помимо нормативов допустимых сбросов, устанавливаются технологические нормативы сбросов.

2. В отношении новых и реконструируемых объектов I категории, если результаты расчетов концентраций загрязняющих веществ в контрольном створе показывают, что общая нагрузка на водный объект приведет к нарушению установленных экологических нормативов качества вод или целевых показателей качества окружающей среды, в комплексном экологическом разрешении должны быть установлены более строгие нормативы допустимых сбросов, чем те, которые соответствуют технологическим показателям, связанным с применением наилучших доступных техник, таким образом, чтобы обеспечивалось соблюдение экологических нормативов качества вод или целевых показателей качества окружающей среды.

3. В отношении действующих объектов I категории, если результаты расчетов концентраций загрязняющих веществ в контрольном створе показывают превышение установленных экологических нормативов качества вод или целевых показателей качества окружающей среды, в комплексном экологическом разрешении должны быть установлены более строгие нормативы допустимых сбросов, чем те, которые соответствуют технологическим показателям, связанным с применением наилучших доступных техник, в той мере, в которой достижение таких более строгих нормативов допустимых сбросов является технически возможным при приемлемых для оператора объекта экономических затратах.

Статья 218. Мониторинг соблюдения нормативов допустимых сбросов

1. Мониторинг соблюдения нормативов допустимых сбросов и их влияния на качество вод водного объекта осуществляется согласно условиям, установленным в экологическом разрешении в соответствии с настоящим Кодексом.

2. Мониторинг соблюдения экологических нормативов качества вод поверхностного водного объекта осуществляется в контрольном створе.

Контрольный створ в поверхностных водных объектах, используемых для целей хозяйственно-питьевого водоснабжения и рыбохозяйственного значения, устанавливается на расстоянии не более пятисот метров от точки сброса сточных вод (точки выпуска сточных вод, места добычи полезных ископаемых, производства работ на водном объекте).

3. Обоснование определения местоположения и количества точек, на которых осуществляется мониторинг соблюдения экологических нормативов качества вод в пределах контрольного створа, должно быть представлено в экологическом разрешении.

4. В случае периодического (разового) возрастания фоновой концентрации контролируемых примесей превышение норматива допустимого сброса, вызванное этим изменением фона, не является нарушением нормативов допустимого сброса.

Статья 219. Общие положения об экологических требованиях по охране водных объектов

1. В целях предупреждения вредного антропогенного воздействия на водные объекты экологическим законодательством Республики Казахстан устанавливаются обязательные для соблюдения при осуществлении деятельности экологические требования по охране поверхностных и подземных вод.

2. Местные представительные органы областей, городов республиканского значения, столицы вправе своими нормативными правовыми актами по согласованию с уполномоченным органом в области охраны окружающей среды предусматривать введение дополнительных экологических требований в области охраны водных объектов на территориях отдельных административно-территориальных единиц в случаях, когда на таких территориях не соблюдаются установленные экологические нормативы качества вод.

Статья 220. Общие экологические требования к водопользованию

1. На водных объектах общее водопользование осуществляется в порядке, установленном водным законодательством Республики Казахстан.

2. Физические и юридические лица при осуществлении общего водопользования обязаны соблюдать экологические требования, установленные экологическим законодательством Республики Казахстан, требования водного законодательства Республики Казахстан, а также правила общего водопользования, установленные местными представительными органами областей, городов республиканского значения, столицы.

3. Право специального водопользования предоставляется на основании разрешения на специальное водопользование, выдаваемого в соответствии с Водным кодексом Республики Казахстан.

4. Право специального водопользования, технологически прямо связанного с эксплуатацией объекта I категории, предоставляется на основании комплексного экологического разрешения, выдаваемого в соответствии с настоящим Кодексом, и не требует получения отдельного разрешения на специальное водопользование.

5. Физические и юридические лица, деятельность которых вызывает или может вызвать загрязнение, засорение и истощение водных объектов, обязаны принимать меры по предотвращению таких последствий.

6. Требования по установлению водоохранных зон и полос водных объектов, зон санитарной охраны вод и источников питьевого водоснабжения устанавливаются водным законодательством Республики Казахстан.

7. В целях охраны водных объектов от загрязнения запрещаются:

1) применение ядохимикатов, удобрений на водосборной площади водных объектов;

2) поступление и захоронение отходов в водные объекты;

3) отведение в водные объекты сточных вод, не очищенных до показателей, установленных нормативами допустимых сбросов;

4) проведение на водных объектах взрывных работ, при которых используются ядерные и иные виды технологий, сопровождающихся выделением радиоактивных и токсичных веществ.

Статья 221. Экологические требования по забору и (или) использованию вод

1. Забор и (или) использование поверхностных и подземных вод в порядке специального водопользования должны осуществляться в соответствии с условиями разрешения на специальное водопользование или комплексного экологического разрешения, а также при соблюдении экологических требований, предусмотренных настоящим Кодексом.

2. Запрещаются забор и (или) использование подземных вод для целей, не предусмотренных условиями разрешения на специальное водопользование или комплексного экологического разрешения, или с нарушением этих условий.

3. В целях обеспечения государственного учета подземных вод, контроля их использования и охраны окружающей среды водопользователи, осуществляющие деятельность по забору и (или) использованию подземных вод в порядке специального водопользования, обязаны в соответствии с требованиями водного законодательства Республики Казахстан:

1) вести первичный учет забираемых из подземных водных объектов и сбрасываемых в них вод;

2) оборудовать водозаборные и водосбросные сооружения средствами измерения расходов подземных вод и установить на самоизливающихся гидрогеологических скважинах регулирующие устройства;

3) вести контроль за забором подземных вод, оперативный контроль за работой скважин и контроль за выполнением технологического режима в соответствии с периодичностью и иными требованиями, предусмотренными утвержденным проектом (технологической схемой);

4) представлять первичные статистические данные об использовании подземных вод в соответствии со статистической методологией, утверждаемой уполномоченным органом в области государственной статистики.

Статья 222. Экологические требования при сбросе сточных вод

1. Сброс сточных вод в природные поверхностные и подземные водные объекты допускается только при наличии соответствующего экологического разрешения.

2. Лица, использующие накопители сточных вод и (или) искусственные водные объекты, предназначенные для естественной биологической очистки сточных вод, обязаны принимать необходимые меры по предотвращению их воздействия на окружающую среду, а также осуществлять рекультивацию земель после прекращения их эксплуатации.

3. Создание новых (расширение действующих) накопителей-испарителей допускается по разрешению местных исполнительных органов областей, городов республиканского значения, столицы при невозможности других способов утилизации образующихся сточных вод или предотвращения образования сточных вод в технологическом процессе, которая должна быть обоснована при проведении оценки воздействия на окружающую среду.

4. Проектируемые (вновь вводимые в эксплуатацию) накопители-испарители сточных вод должны быть оборудованы противофильтрационным экраном, исключающим проникновение загрязняющих веществ в недра и подземные воды. Определение и обоснование технологических и технических решений по предварительной очистке сточных вод до их размещения в накопителях осуществляются при проведении оценки воздействия на окружающую среду.

5. Операторы объектов I и (или) II категорий обязаны обеспечить соблюдение экологических нормативов для сброса, установленных в экологическом разрешении.

6. Температура сбрасываемых в поверхностные водные объекты сточных вод не должна превышать 30 градусов по Цельсию.

7. В сбрасываемых сточных водах не должны содержаться вещества, агрессивно действующие на бетон и металл.

8. Не допускается сброс сточных вод независимо от степени их очистки в поверхностные водные объекты в зонах санитарной охраны источников централизованного питьевого водоснабжения, курортов, в местах, отведенных для купания.

Примечание ИЗПИ!
В часть первую пункта 9 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

9. Операторы объектов I и (или) II категорий, осуществляющие сброс сточных вод или имеющие замкнутый цикл водоснабжения, должны использовать приборы учета объемов воды и вести журналы учета водопотребления и водоотведения в соответствии с водным законодательством Республики Казахстан.

Операторы объектов I и (или) II категорий в целях рационального использования водных ресурсов обязаны разрабатывать и осуществлять мероприятия по повторному использованию воды, оборотному водоснабжению.

10. Запрещается сброс сточных вод без предварительной очистки, за исключением сбросов шахтных и карьерных вод горно-металлургических предприятий в пруды-накопители и (или) пруды-испарители, а также вод, используемых для водяного охлаждения, в накопители, расположенные в системе замкнутого (оборотного) водоснабжения.

11. При сбросе сточных вод водопользователи обязаны:

1) обеспечивать определение химического состава сбрасываемых вод в собственных или иных лабораториях, аккредитованных в порядке, установленном законодательством Республики Казахстан об аккредитации в области оценки соответствия;

2) передавать уполномоченным государственным органам в области охраны окружающей среды, использования и охраны водного фонда и государственному органу в сфере санитарно-эпидемиологического благополучия населения экстренную информацию об аварийных сбросах загрязняющих веществ, а также о нарушениях установленного режима забора поверхностных и подземных вод и объекта сброса (закачки) сточных вод.

12. Запрещается сброс отходов в поверхностные водные объекты.

Статья 223. Экологические требования по осуществлению деятельности в водоохранных зонах

1. В пределах водоохранной зоны запрещаются:

1) проектирование, строительство и ввод в эксплуатацию новых и реконструируемых зданий, сооружений (за исключением противоселевых, противооползневых и противопаводковых) и их комплексов, не обеспеченных сооружениями и устройствами, предотвращающими загрязнение и засорение водных объектов и их водоохранных зон и полос;

2) размещение и строительство за пределами населенных пунктов складов для хранения нефтепродуктов, пунктов технического обслуживания спецтехники, механических мастерских, моек, мест размещения отходов, а также размещение других объектов, оказывающих негативное воздействие на качество воды;

3) производство строительных, дноуглубительных и взрывных работ (за исключением противоселевых, противооползневых и противопаводковых), добыча полезных ископаемых, прокладка кабелей, трубопроводов и других коммуникаций, проведение буровых, сельскохозяйственных и иных работ, за исключением случаев, когда эти работы согласованы с уполномоченными государственными органами в области охраны окружающей среды, использования и охраны водного фонда.

2. В пределах населенных пунктов границы водоохранной зоны устанавливаются исходя из конкретных условий их планировки и застройки при обязательном инженерном или лесомелиоративном обустройстве береговой зоны (парапеты, обвалование, лесокустарниковые полосы), исключающем засорение и загрязнение водного объекта.

Статья 224. Экологические требования по охране подземных вод

1. Проект (технологическая схема), на основании которого (которой) осуществляются забор и использование подземных вод в объеме от двух тысяч кубических метров в сутки, подлежит государственной экологической экспертизе.

2. Недропользователи, проводящие поиск и оценку месторождений и участков подземных вод, а также водопользователи, осуществляющие забор и (или) использование подземных вод, обязаны обеспечить:

1) исключение возможности загрязнения подземных водных объектов;

2) исключение возможности смешения вод различных водоносных горизонтов и перетока из одних горизонтов в другие, если это не предусмотрено проектом (технологической схемой);

3) исключение возможности бесконтрольного нерегулируемого выпуска подземных вод, а в аварийных случаях – срочное принятие мер по ликвидации потерь воды;

4) по окончании деятельности – проведение рекультивации на земельных участках, нарушенных в процессе недропользования, забора и (или) использования подземных вод.

3. При проведении оценки воздействия на окружающую среду намечаемой деятельности в части воздействия на подземные воды учитываются также связанные с этим риски косвенного воздействия на поверхностные водные объекты и иные компоненты природной среды, в том числе в виде подтопления, затопления, опустынивания, заболачивания земель, возникновения оползней, просадки грунта и иных подобных последствий, а также определяются необходимые меры по предотвращению такого косвенного воздействия.

4. Водопользователи, осуществляющие забор и (или) использование подземных вод, обязаны предотвращать безвозвратные потери воды и ухудшение ее качественных свойств по причине недостатков в эксплуатации скважин.

5. Требования по оборудованию регулирующими устройствами, консервации и ликвидации гидрогеологических скважин устанавливаются водным законодательством Республики Казахстан.

6. Использование подземных вод питьевого качества для нужд, не связанных с питьевым и (или) хозяйственно-питьевым водоснабжением, не допускается, за исключением случаев, предусмотренных Водным кодексом Республики Казахстан и Кодексом Республики Казахстан "О недрах и недропользовании".

7. На водосборных площадях подземных водных объектов, которые используются или могут быть использованы для питьевого и хозяйственно-питьевого водоснабжения, не допускаются захоронение отходов, размещение кладбищ, скотомогильников (биотермических ям) и других объектов, оказывающих негативное воздействие на состояние подземных вод.

8. Запрещается ввод в эксплуатацию водозаборных сооружений для подземных вод без оборудования их водорегулирующими устройствами, водоизмерительными приборами, а также без установления зон санитарной охраны и создания пунктов наблюдения за показателями состояния подземных водных объектов в соответствии с водным законодательством Республики Казахстан.

9. Запрещается орошение земель сточными водами, если это оказывает или может оказать вредное воздействие на состояние подземных водных объектов.

10. Водопользователи при осуществлении забора и (или) использовании подземных вод в объеме от двух тысяч кубических метров в сутки обязаны проводить за свой счет научно-исследовательские и проектно-конструкторские работы по изысканию новых и совершенствованию существующих способов и технологических схем разработки месторождений подземных вод, модернизировать технологическое оборудование, средства непрерывного и периодического контроля, обеспечивать охрану подземных вод от истощения и загрязнения, охрану недр и окружающей среды.

11. В целях охраны подземных водных объектов, которые используются для хозяйственно-питьевого водоснабжения, а также воды которых обладают природными лечебными свойствами, устанавливаются зоны санитарной охраны в соответствии с Водным кодексом Республики Казахстан.

12. В районе, где производится закачка отработанных вод в поглощающие скважины, за счет водопользователя должны быть организованы систематические лабораторные наблюдения за качеством воды в ближайших скважинах, родниках, колодцах в соответствии с программой производственного экологического контроля.

Статья 225. Экологические требования по охране подземных водных объектов при проведении операций по недропользованию

1. При проведении оценки воздействия на окружающую среду намечаемой деятельности по проведению операций по недропользованию в обязательном порядке проводится оценка воздействия на подземные водные объекты и определяются необходимые меры по охране подземных вод. Меры по охране подземных водных объектов при проведении операций по недропользованию проектируются в составе соответствующего проектного документа для проведения операций по недропользованию.

2. Вскрываемые при проведении операций по недропользованию подземные водные объекты должны быть обеспечены надежной изоляцией, предотвращающей их загрязнение.

3. Если при проведении операций по недропользованию предполагается вскрытие подземного водного объекта, который может быть использован как источник питьевого и (или) хозяйственно-питьевого водоснабжения, токсикологические характеристики химических реагентов, применяемых для приготовления (обработки) бурового и цементного растворов, должны быть согласованы с государственным органом в сфере санитарно-эпидемиологического благополучия населения при выдаче экологического разрешения.

4. Если при проведении операций по недропользованию происходит незапроектированное вскрытие подземного водного объекта, недропользователь обязан незамедлительно принять меры по охране подземных водных объектов в порядке, установленном водным законодательством Республики Казахстан, и сообщить об этом в уполномоченные государственные органы в области охраны окружающей среды, использования и охраны водного фонда, по изучению недр, государственный орган в сфере санитарно-эпидемиологического благополучия населения.

Статья 226. Экологические требования при осуществлении деятельности в предохранительной зоне Республики Казахстан

1. Предохранительная зона Республики Казахстан – зона суши, простирающаяся от береговой линии моря на пять километров в сторону суши, которая может быть загрязнена вследствие разливов нефти на море и внутренних водоемах или быть источником загрязнения моря.

2. В пределах предохранительной зоны Республики Казахстан запрещается строительство полигонов по захоронению отходов.

Статья 227. Экологические требования по охране водных объектов при авариях

1. При ухудшении качества вод водных объектов, используемых для целей питьевого, хозяйственно-питьевого водоснабжения или культурно-бытового водопользования, которое вызвано аварийными сбросами загрязняющих веществ и при котором создается угроза жизни и (или) здоровью человека, принимаются экстренные меры по защите населения в соответствии с законодательством Республики Казахстан о гражданской защите.

2. При возникновении аварийной ситуации на объектах I и II категорий, в результате которой происходит или может произойти нарушение установленных экологических нормативов качества вод, оператор объекта безотлагательно, но в любом случае в срок не более двух часов с момента обнаружения аварийной ситуации обязан сообщить об этом в уполномоченный орган в области охраны окружающей среды и предпринять все необходимые меры по предотвращению загрязнения вод вплоть до частичной или полной остановки эксплуатации соответствующих источников или объекта в целом, а также по устранению негативных последствий для окружающей среды, вызванных такой аварийной ситуацией.

РАЗДЕЛ 16. ОХРАНА ЗЕМЕЛЬ

Статья 228. Общие положения об охране земель

1. Земли – земная поверхность (территориальное пространство), включая почвенный слой, которая используется или может быть использована в процессе деятельности для удовлетворения материальных, культурных и других потребностей общества.

2. Почвенный слой (почва) – самостоятельное естественно-историческое органоминеральное природное тело, возникшее на поверхности земли в результате длительного воздействия биотических, абиотических и антропогенных факторов, состоящее из твердых минеральных и органических частиц, воды и воздуха и имеющее специфические генетико-морфологические признаки, свойства, создающие соответствующие условия для роста и развития растений.

3. Земли в соответствии с экологическим законодательством Республики Казахстан подлежат охране от:

1) антропогенного загрязнения земной поверхности и почв;

2) захламления земной поверхности;

3) деградации и истощения почв;

4) нарушения и ухудшения земель иным образом (вследствие водной и ветровой эрозии, опустынивания, подтопления, затопления, заболачивания, вторичного засоления, иссушения, уплотнения, техногенного изменения природных ландшафтов).

4. Земли в соответствии с экологическим законодательством Республики Казахстан подлежат охране с целью предотвращения:

1) причинения вреда жизни и (или) здоровью людей;

2) нарушения устойчивости функционирования экологических систем;

3) деградации и гибели лесов;

4) сокращения биоразнообразия;

5) причинения экологического ущерба.

5. Загрязнением почв признается присутствие в почве загрязняющих веществ в концентрациях, превышающих установленные государством экологические нормативы качества почв.

Источниками загрязнения почв признаются поступления загрязняющих веществ в почву в результате антропогенных и природных факторов, а также образование загрязняющих веществ в почвах в результате происходящих в них химических, физических и биологических процессов.

6. Загрязнением земной поверхности признается поступление на земную поверхность и в верхний слой грунта загрязняющих веществ в количестве, препятствующем использованию такой земли в соответствии с целевым назначением.

7. Охрана земель осуществляется от всех видов загрязнения, в том числе в результате поступления загрязняющих веществ из контактирующих с земной поверхностью и почвой физических сред (атмосферного воздуха и вод).

8. Захламлением земной поверхности признается неорганизованное размещение на земной поверхности твердых отходов, препятствующее использованию земли по целевому назначению или ухудшающее ее эстетическую ценность.

9. Под деградацией почвы понимается ухудшение свойств и состава почвы, определяющих ее плодородие (качество почвы), в результате воздействия природных или антропогенных факторов.

Под истощением почвы понимается полная утрата плодородных свойств почвы.

Статья 229. Экологические нормативы качества почв

1. Экологические нормативы качества почв устанавливаются для химических показателей в виде предельно допустимых концентраций загрязняющих веществ в почве.

2. Под предельно допустимой концентрацией загрязняющих веществ в почве понимается максимальное количество (масса) химического вещества, признанного в соответствии с настоящим Кодексом загрязняющим, при превышении которого (которой) она становится непригодной для одного или нескольких видов землепользования, вызывает деградацию компонентов природной среды или нарушает устойчивость экологических систем и биоразнообразие.

3. Нормативы качества почв разрабатываются и устанавливаются с учетом природных особенностей территорий и категорий земель, установленных в соответствии с земельным законодательством Республики Казахстан.

4. Природное фоновое содержание вещества в почве – содержание вещества в почве, соответствующее ее природному (естественному) составу.

5. Если при соблюдении установленных экологических нормативов качества почв обнаруживаются признаки ухудшения состояния живых элементов естественной экологической системы (растений, животных и других организмов), подтвержденные научными исследованиями за период не менее пяти лет, то для таких территорий соответствующий местный представительный орган области, города республиканского значения, столицы по согласованию с уполномоченным органом в области охраны окружающей среды обязан установить более строгие территориальные экологические нормативы качества почв, при которых не наблюдается негативное отклонение показателей состояния наиболее уязвимой группы биологических объектов, используемых как индикаторы качества почв.

Статья 230. Экологические требования при зонировании и использовании земель сельскохозяйственного назначения

1. При зонировании земель сельскохозяйственного назначения должны быть обеспечены экологическая безопасность и качественное состояние сельскохозяйственных угодий.

2. Зонирование земель сельскохозяйственного назначения основывается на показателях степени экологического неблагополучия, критериями которого являются физическая деградация и химическое загрязнение.

3. Определение уровня химического загрязнения земель осуществляется с использованием предельно допустимых концентраций химических веществ в почве, утверждаемых уполномоченным органом в области охраны окружающей среды и государственным органом в сфере санитарно-эпидемиологического благополучия населения.

4. Экологические критерии оценки земель в целях определения необходимости их перевода из более ценных в менее ценные, консервации, а также отнесения к зоне экологического бедствия или зоне чрезвычайной экологической ситуации утверждаются уполномоченным органом в области охраны окружающей среды (далее – экологические критерии оценки земель).

Статья 231. Экологические требования при зонировании и использовании земель населенных пунктов

1. Зонирование земель населенных пунктов осуществляется на основании экологических критериев оценки земель.

2. При переводе земель населенных пунктов в земли других категорий учитываются возможность поступления загрязняющих веществ с таких земель в атмосферный воздух и воды таких территорий и их непосредственное влияние на жизнь и (или) здоровье людей.

3. Для зоны чрезвычайной экологической ситуации устанавливается особый режим использования, не влекущий за собой дальнейшего ухудшения экологической обстановки.

Статья 232. Экологические требования при зонировании и использовании земель промышленности, транспорта, связи, обороны и иного несельскохозяйственного назначения

1. При зонировании земель промышленности, транспорта, связи, обороны и иного несельскохозяйственного назначения обеспечивается экологическая безопасность.

2. В целях обеспечения экологической безопасности и создания необходимых условий для эксплуатации промышленных, транспортных и иных объектов устанавливаются зоны с учетом создания особых условий использования указанных земель, способствующих улучшению состояния окружающей среды.

3. При переводе земель промышленности, транспорта, связи, обороны и иного несельскохозяйственного назначения в земли других категорий учитываются зоны, в пределах которых ограничиваются или запрещаются виды деятельности, не совместимые с целями установления зон.

4. Дополнительным экологическим критерием при переводе земель промышленности, транспорта, связи, обороны и иного несельскохозяйственного назначения в земли других категорий является их загрязнение химическими веществами свыше уровней, установленных в экологических критериях оценки земель. Земли, отнесенные к высшему уровню загрязнения, подлежат консервации и переводятся в состав земель запаса.

Статья 233. Экологические требования при использовании земель особо охраняемых природных территорий и земель оздоровительного назначения

1. Режим использования земель особо охраняемых природных территорий регулируется Земельным кодексом Республики Казахстан и Законом Республики Казахстан "Об особо охраняемых природных территориях".

2. В целях сохранения благоприятных экологических и санитарно-эпидемиологических условий на территории земель оздоровительного назначения при их зонировании устанавливаются санитарно-защитные зоны.

3. Лица, осуществляющие туристскую операторскую и (или) туристскую агентскую деятельность, при формировании и реализации туристского продукта, предполагающего осуществление туризма на особо охраняемой природной территории, обязаны руководствоваться следующими принципами экологического туризма:

1) соответствие планируемого количества туристов, одновременно пребывающих на определенной территории, рекреационным нагрузкам, устанавливаемым в отношении такой территории;

2) недопущение причинения вреда окружающей среде;

3) выбор транспортных средств, оказывающих наименьшее негативное воздействие на окружающую среду;

4) минимизация образования твердых бытовых отходов и обеспечение их размещения в установленных для их сбора местах либо самостоятельного вывоза с особо охраняемых природных территорий;

5) информирование туристов о посещаемых местах и инструктаж о правилах поведения в них;

6) вовлечение лиц, постоянно проживающих на посещаемых территориях и (или) около них, в организацию и проведение туров и получение экономических выгод.

Статья 234. Экологические требования при использовании земель лесного фонда

1. Режим использования земель лесного фонда регулируется Земельным кодексом Республики Казахстан и Лесным кодексом Республики Казахстан.

2. Экологическим критерием при отнесении земель к категории лесного фонда следует считать состояние растительности как индикатора экологического состояния территории.

3. Не используемые для нужд лесного хозяйства сельскохозяйственные угодья на землях лесного фонда могут быть переведены в категорию земель сельскохозяйственного назначения в соответствии с лесным законодательством Республики Казахстан.

4. Перевод земель лесного фонда в земли других категорий допускается при наличии положительного заключения государственной экологической экспертизы в соответствии с требованиями лесного законодательства Республики Казахстан.

5. При переводе земель лесного фонда в земли других категорий следует учитывать экологические показатели, отражающие влияние состояния земель на травяную и древесную растительность в соответствии с экологическими критериями оценки земель.

Статья 235. Экологические требования при зонировании и использовании земель водного фонда

1. При зонировании земель водного фонда обеспечивается охрана водных объектов.

2. Земельные участки из состава земель водного фонда могут быть предоставлены во временное землепользование местными исполнительными органами по согласованию с уполномоченным государственным органом в области использования и охраны водного фонда физическим и юридическим лицам для нужд сельского, лесного, рыбного, охотничьего хозяйств и других целей, не противоречащих основному целевому назначению земельного участка, не влекущих за собой загрязнения и деградации земель и, соответственно, ухудшения экологической обстановки.

3. Перевод земель водного фонда в земли других категорий допускается при наличии положительных заключений государственных экологической и санитарно-эпидемиологической экспертиз в соответствии с требованиями водного законодательства Республики Казахстан в случае:

1) прекращения существования водного объекта либо существенного изменения его экологических и гигиенических показателей;

2) отнесения их к землям особо охраняемых природных территорий;

3) изменения границ (черты) населенных пунктов, влекущего за собой изменение экологической обстановки.

4. Земли, выделенные под водоохранные полосы, не могут быть переведены в категории земель населенных пунктов и промышленности, на них устанавливается специальный режим хозяйственной деятельности для предотвращения загрязнения, засорения и истощения вод.

Статья 236. Экологические требования при зонировании и использовании земель запаса

1. При зонировании земель запаса учитываются площадь проявления негативных изменений и пространственная неоднородность распределения участков разной степени деградации на исследуемой территории.

2. Скорость деградации экосистем рассчитывается по пятидесятилетним рядам наблюдений. Оценка степени деградации экосистемы проводится в соответствии с экологическими критериями оценки земель.

3. Земли запаса могут быть переведены в земли других категорий в зависимости от целей дальнейшего использования только после установления на местности границ земель, в категорию которых они переводятся. При переводе земель запаса в земли других категорий предварительно осуществляется выбор земельного участка в соответствии с экологическими требованиями к данной категории земель.

4. Перевод нарушенных земель из категории земель запаса возможен после осуществления рекультивации и мероприятий по улучшению качества земель и экологической ситуации.

5. Земельные участки из состава земель запаса, на которых в прошлом проводились испытания ядерного оружия, могут быть предоставлены в собственность или землепользование только после завершения всех мероприятий по ликвидации последствий испытания ядерного оружия и комплексного экологического обследования при наличии положительных заключений государственных экологической и санитарно-эпидемиологической экспертиз.

6. Положения пунктов 3, 4 и 5 настоящей статьи не применяются в отношении земель зоны ядерной безопасности, предоставляемых уполномоченной организации по обеспечению функционирования Семипалатинской зоны ядерной безопасности в соответствии с законодательством Республики Казахстан.

Сноска. Статья 236 с изменением, внесенным Законом РК от 05.07.2023 № 17-VIII (вводится в действие с 1 января 2024).

Статья 237. Экологические требования по оптимальному землепользованию

1. Основными экологическими требованиями по оптимальному землепользованию являются:

1) научное обоснование и прогнозирование экологических последствий предлагаемых земельных преобразований и перераспределения земель;

2) обоснование и реализация единой государственной экологической политики при планировании и организации использования земель и охраны всех категорий земель;

3) обеспечение целевого использования земель;

4) формирование и размещение экологически обоснованных компактных и оптимальных по площади земельных участков;

5) разработка комплекса мер по поддержанию устойчивых ландшафтов и охране земель;

6) разработка мероприятий по охране земель;

7) сохранение и усиление средообразующих, водоохранных, защитных, санитарно-эпидемиологических, оздоровительных и иных полезных природных свойств лесов в интересах охраны здоровья человека и окружающей среды;

8) сохранение биоразнообразия и обеспечение устойчивого функционирования экологических систем.

2. Предоставление земельных участков для размещения и эксплуатации предприятий, сооружений и иных объектов производится с соблюдением экологических требований и учетом экологических последствий деятельности указанных объектов.

3. Для строительства и возведения объектов, не связанных с сельскохозяйственным производством, должны отводиться земли, не пригодные для сельскохозяйственных целей, с наименьшим баллом бонитета почвы.

Статья 238. Экологические требования при использовании земель

1. Физические и юридические лица при использовании земель не должны допускать загрязнение земель, захламление земной поверхности, деградацию и истощение почв, а также обязаны обеспечить снятие и сохранение плодородного слоя почвы, когда это необходимо для предотвращения его безвозвратной утери.

2. Недропользователи при проведении операций по недропользованию, а также иные лица при выполнении строительных и других работ, связанных с нарушением земель, обязаны:

1) содержать занимаемые земельные участки в состоянии, пригодном для дальнейшего использования их по назначению;

2) до начала работ, связанных с нарушением земель, снять плодородный слой почвы и обеспечить его сохранение и использование в дальнейшем для целей рекультивации нарушенных земель;

3) проводить рекультивацию нарушенных земель.

3. При проведении операций по недропользованию, выполнении строительных и других работ, связанных с нарушением земель, запрещается:

1) нарушение растительного покрова и почвенного слоя за пределами земельных участков (земель), отведенных в соответствии с законодательством Республики Казахстан под проведение операций по недропользованию, выполнение строительных и других соответствующих работ;

2) снятие плодородного слоя почвы в целях продажи или передачи его в собственность другим лицам.

4. При выборе направления рекультивации нарушенных земель должны быть учтены:

1) характер нарушения поверхности земель;

2) природные и физико-географические условия района расположения объекта;

3) социально-экономические особенности расположения объекта с учетом перспектив развития такого района и требований по охране окружающей среды;

4) необходимость восстановления основной площади нарушенных земель под пахотные угодья в зоне распространения черноземов и интенсивного сельского хозяйства;

5) необходимость восстановления нарушенных земель в непосредственной близости от населенных пунктов под сады, подсобные хозяйства и зоны отдыха, включая создание водоемов в выработанном пространстве и декоративных садово-парковых комплексов, ландшафтов на отвалах вскрышных пород и отходов обогащения;

6) выполнение на территории промышленного объекта планировочных работ, ликвидации ненужных выемок и насыпи, уборка строительного мусора и благоустройство земельного участка;

7) овраги и промоины на используемом земельном участке, которые должны быть засыпаны или выположены;

8) обязательное проведение озеленения территории.

5. В случае использования земельных участков для накопления, хранения, захоронения промышленных отходов они должны отвечать следующим требованиям:

1) соответствовать санитарно-эпидемиологическим правилам и нормам проектирования, строительства и эксплуатации полигонов захоронения промышленных отходов;

2) иметь слабофильтрующие грунты при стоянии грунтовых вод не выше двух метров от дна емкости с уклоном на местности 1,5 процента в сторону водоема, сельскохозяйственных угодий, лесов, промышленных предприятий;

3) размещаться с подветренной стороны относительно населенного пункта и ниже по направлению потока подземных вод;

4) размещаться на местности, не затапливаемой паводковыми и ливневыми водами;

5) иметь инженерную противофильтрационную защиту, ограждение и озеленение по периметру, подъездные пути с твердым покрытием;

6) поверхностный и подземный стоки с земельного участка не должны поступать в водные объекты.

6. Внедрение новых технологий, осуществление мероприятий по мелиорации земель и повышению плодородия почв запрещаются в случае их несоответствия экологическим требованиям, санитарно-эпидемиологическим нормам и правилам, иным требованиям, предусмотренным законодательством Республики Казахстан.

7. Порядок использования земель, подвергшихся радиоактивному и (или) химическому загрязнению, установления охранных зон, сохранения на этих землях жилых домов, объектов производственного, коммерческого и социально-культурного назначения, проведения на них мелиоративных и технических работ определяется с учетом предельно допустимых уровней радиационного и химического воздействий.

8. В целях охраны земель собственники земельных участков и землепользователи обязаны проводить мероприятия по:

1) защите земель от водной и ветровой эрозий, селей, оползней, подтопления, затопления, заболачивания, вторичного засоления, иссушения, уплотнения, загрязнения радиоактивными и химическими веществами, захламления, биогенного загрязнения, а также других негативных воздействий;

2) защите земель от заражения карантинными объектами, чужеродными видами и особо опасными вредными организмами, их распространения, зарастания сорняками, кустарником и мелколесьем, а также от иных видов ухудшения состояния земель;

3) ликвидации последствий загрязнения, в том числе биогенного, и захламления;

4) сохранению достигнутого уровня мелиорации;

5) рекультивации нарушенных земель, восстановлению плодородия почв, своевременному вовлечению земель в оборот.

9. На землях населенных пунктов запрещается использование поваренной соли для борьбы с гололедом.

РАЗДЕЛ 17. ОХРАНА ПРИРОДЫ

Глава 15. ОБЩИЕ ПОЛОЖЕНИЯ

Статья 239. Общие положения

1. Биологическое разнообразие означает вариабельность живых организмов из всех источников, в том числе наземных, морских и иных водных экосистем и экологических комплексов, частью которых они являются, и включает в себя разнообразие в рамках вида, между видами и разнообразие экосистем.

2. Под экологической системой (экосистемой) понимается являющийся объективно существующей частью природной среды динамичный комплекс сообществ растений, животных и иных организмов, неживой среды их обитания, взаимодействующих как единое функциональное целое и связанных между собой обменом веществом и энергией, который имеет пространственно-территориальные границы.

Под средой обитания понимается тип местности или место естественного обитания того или иного организма или популяции.

3. Под природным ландшафтом понимается территория, которая не подверглась изменению в результате деятельности человека и характеризуется сочетанием определенных типов рельефа местности, почв, растительности, сформированных в единых климатических условиях.

4. Под биологическими ресурсами понимаются генетические ресурсы, организмы или их части, популяции или любые другие биотические компоненты экологических систем, имеющие фактическую или потенциальную полезность либо ценность для человечества.

5. Запрещается деятельность, вызывающая угрозу уничтожения генетического фонда живых организмов, потерю биоразнообразия и нарушение устойчивого функционирования экологических систем.

Статья 240. Меры по сохранению биоразнообразия

1. В целях сохранения биоразнообразия применяется следующая иерархия мер в порядке убывания их предпочтительности:

1) первоочередными являются меры по предотвращению негативного воздействия;

2) когда негативное воздействие на биоразнообразие невозможно предотвратить, должны быть приняты меры по его минимизации;

3) когда негативное воздействие на биоразнообразие невозможно предотвратить или свести к минимуму, должны быть приняты меры по смягчению его последствий;

4) в той части, в которой негативные воздействия на биоразнообразие не были предупреждены, сведены к минимуму или смягчены, должны быть приняты меры по компенсации потери биоразнообразия.

Под мерами по предотвращению негативного воздействия на биоразнообразие понимаются меры, направленные на то, чтобы с самого раннего этапа планирования деятельности и в течение всего периода ее осуществления избегать любые воздействия на биоразнообразие.

Под мерами по минимизации негативного воздействия на биоразнообразие понимаются меры по сокращению продолжительности, интенсивности и (или) уровня воздействий (прямых и косвенных), которые не были предотвращены.

Под мерами по смягчению последствий негативного воздействия на биоразнообразие понимаются меры, направленные на создание благоприятных условий для сохранения и восстановления биоразнообразия.

2. При проведении стратегической экологической оценки и оценки воздействия на окружающую среду должны быть:

1) выявлены негативные воздействия разрабатываемого Документа или намечаемой деятельности на биоразнообразие (посредством проведения исследований);

2) предусмотрены мероприятия по предотвращению, минимизации негативных воздействий на биоразнообразие, смягчению последствий таких воздействий;

3) в случае выявления риска утраты биоразнообразия – проведена оценка потери биоразнообразия и предусмотрены мероприятия по их компенсации.

Статья 241. Потеря биоразнообразия и компенсация потери биоразнообразия

1. Потерей биоразнообразия признается исчезновение или существенное сокращение популяций вида растительного и (или) животного мира на определенной территории (в акватории) в результате антропогенных воздействий.

2. Компенсация потери биоразнообразия должна быть ориентирована на постоянный и долгосрочный прирост биоразнообразия и осуществляется в виде:

1) восстановления биоразнообразия, утраченного в результате осуществленной деятельности;

2) внедрения такого же или другого, имеющего не менее важное значение для окружающей среды вида биоразнообразия на той же территории (в акватории) и (или) на другой территории (в акватории), где такое биоразнообразие имеет более важное значение.

3. Не допускается реализация Документа или намечаемой деятельности, если:

1) это приведет к потере биоразнообразия в части объектов растительного и (или) животного мира или их сообществ, являющихся редкими или уникальными, и имеется риск их уничтожения и невозможности воспроизводства;

2) это приведет к потере биоразнообразия в части объектов растительного и (или) животного мира или их сообществ, являющихся составной частью уникального ландшафта, и имеется риск его уничтожения и невозможности восстановления;

3) это приведет к потере биоразнообразия и отсутствуют участки с условиями, пригодными для компенсации потери биоразнообразия без ухудшения состояния экосистем;

4) это приведет к потере биоразнообразия и отсутствуют технологии или методы для компенсации потери биоразнообразия;

5) это приведет к потере биоразнообразия и компенсация потери биоразнообразия невозможна по иным причинам.

4. Мероприятия по компенсации потери биоразнообразия подлежат обязательному выполнению.

5. Порядок выполнения компенсации потери биоразнообразия определяется уполномоченным органом по охране, воспроизводству и использованию животного мира.

Статья 242. Экосистемные услуги

1. Под экосистемными услугами понимаются выгоды, получаемые физическими и юридическими лицами от пользования экосистемами, их функциями и полезными свойствами, в том числе:

1) снабжающие экосистемные услуги – продукты, получаемые от экосистем, такие как продовольствие, топливо, волокна, пресная вода и генетические ресурсы;

2) регулирующие экосистемные услуги – выгоды, получаемые от регулирования экосистемных процессов, такие как поддержание качества воздуха, регулирование климата, предотвращение эрозии почв, регулирование человеческих болезней и очистка воды;

3) культурные экосистемные услуги – нематериальные выгоды, получаемые от экосистем посредством духовного обогащения, познавательного развития, рефлексии, рекреации и эстетического опыта;

4) поддерживающие экосистемные услуги – услуги, необходимые для производства всех других экосистемных услуг, такие как производство первичной продукции, производство кислорода и почвообразование.

2. Оценка состояния экосистем и экосистемных услуг осуществляется на основе методик, направленных на определение устойчивости экосистемы и ее компонентов, а также связывающих экосистемные услуги с благосостоянием населения.

3. Процедура оценки экосистемных услуг включает четыре этапа:

1) определение объема работ и услуг, предоставляемых экосистемами, которые будут испытывать воздействие от намечаемой деятельности физических и юридических лиц;

2) определение фонового состояния – оценка состояния экосистем и экосистемных услуг для экосистем, которые будут испытывать воздействие от намечаемой деятельности физических и юридических лиц, определение пользователей экосистемных услуг и выгод, которые они могут получить от предоставленных услуг;

3) оценка воздействия – определение потенциального воздействия на экосистемы и ее компоненты, экосистемные услуги и их пользователей, значимости этого воздействия и наиболее значимых экосистемных услуг;

4) оценка мер по снижению негативного и остаточного воздействия – определение перечня мер, которые могут быть предприняты для прогнозирования и предотвращения негативного воздействия на наиболее значимые экосистемные услуги, в случаях, когда предотвратить воздействие невозможно, принятие мер по его минимизации; при наличии остаточного воздействия после принятия мер по минимизации предпринимаются меры по его компенсации. Меры по снижению воздействия должны быть направлены на снижение отрицательного воздействия до низкого или несущественного уровня.

Статья 243. Платежи за экосистемные услуги

1. Под платежами за экосистемные услуги понимаются добровольные платежи, осуществляемые потребителями экосистемных услуг поставщикам экосистемных услуг в качестве вознаграждения за выполнение последними определенных действий или условий, необходимых для получения такими потребителями выгод от экосистемных услуг.

Под поставщиками экосистемных услуг понимаются любые физические и юридические лица, деятельность которых направлена или связана с созданием или поддержанием на определенном уровне отдельных экосистемных услуг.

Под потребителями экосистемных услуг понимаются физические и юридические лица, извлекающие выгоду, в том числе экономическую, от пользования экосистемными услугами и заинтересованные в поддержании таких экосистемных услуг на определенном уровне.

2. Платежи за экосистемные услуги не относятся к налогам и другим обязательным платежам в бюджет и осуществляются на договорной основе в соответствии с гражданским законодательством Республики Казахстан.

Платежи за экосистемные услуги могут иметь денежную и неденежную формы. Размер и форма платежей за экосистемные услуги определяются по соглашению сторон соответствующего договора.

Глава 16. ЭКОЛОГИЧЕСКИЕ ТРЕБОВАНИЯ ПРИ ИСПОЛЬЗОВАНИИ ЖИВОТНОГО МИРА

Статья 244. Экологические требования при общем пользовании животным миром

1. Общее пользование животным миром осуществляется без изъятия объектов животного мира из среды обитания в соответствии с законодательством Республики Казахстан об охране, воспроизводстве и использовании животного мира.

2. В порядке общего пользования животным миром осуществляются использование полезных свойств жизнедеятельности животных, а также использование объектов животного мира в научных, культурно-просветительских, воспитательных, эстетических и других целях, не запрещенных законодательными актами Республики Казахстан.

3. При осуществлении общего пользования животным миром запрещаются изъятие животных, разрушение их жилищ и других сооружений, беспокойство животных в период размножения, нарушение среды обитания животных и ухудшение условий их размножения.

Статья 245. Экологические требования при осуществлении градостроительной и строительной деятельности

1. При проведении обязательной оценки воздействия на окружающую среду или стратегической экологической оценки должно быть учтено и оценено влияние намечаемой деятельности или разрабатываемого документа на состояние животного мира, среду обитания, пути миграции и условия размножения животных, а также должны быть определены мероприятия по сохранению среды обитания и условий размножения объектов животного мира, путей миграции и мест концентрации животных, должна быть обеспечена неприкосновенность участков, представляющих особую ценность в качестве среды обитания диких животных.

2. Запрещается введение в эксплуатацию зданий, сооружений и их комплексов без оборудования техническими и инженерными средствами защиты животных и среды их обитания.

3. При размещении, проектировании и строительстве железнодорожных путей, автомобильных дорог, магистральных трубопроводов, линий связи, ветровых электростанций, а также каналов, плотин и иных гидротехнических сооружений должны разрабатываться и осуществляться мероприятия, обеспечивающие сохранение путей миграции и предотвращение гибели животных.

4. Проведение взрывных и других работ, которые являются источником повышенного шума, в местах размножения животных ограничивается законодательством Республики Казахстан.

5. Эксплуатация гидротехнических и иных сооружений на водных объектах, установление гидрологического режима водных объектов и режима водопотребления из них, а также иная деятельность, которая влияет или может повлиять на состояние среды обитания диких животных, должны осуществляться с учетом требований охраны животного мира, интересов рыбного и охотничьего хозяйств.

Статья 246. Экологические требования при строительстве и эксплуатации электрических сетей

1. При размещении, проектировании, строительстве, эксплуатации, ремонте, реконструкции и модернизации электрических сетей должны разрабатываться и осуществляться мероприятия, обеспечивающие предотвращение гибели птиц и других диких животных, сохранение среды обитания, условий размножения, путей миграции и мест концентрации.

2. Субъекты, осуществляющие эксплуатацию электрических сетей, обязаны осуществлять регулярное обследование электрических сетей для выявления их негативного влияния на птиц и других диких животных и в случае необходимости принять меры по его снижению.

Статья 247. Экологические требования при выкашивании сухой прибрежно-водной растительности

Выкашивание сухой прибрежно-водной растительности, за исключением растительности на территории водных объектов особого государственного значения, допускается в целях снижения опасности возникновения пожаров, а также в случае хозяйственной необходимости по согласованию с уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира.

Сноска. Статья 247 - в редакции Закона РК от 02.01.2023 № 184-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 248. Экологические требования при транспортировке, хранении и применении средств защиты растений, минеральных удобрений и других препаратов, используемых в деятельности, создании новых препаратов

1. При транспортировке, хранении и применении средств защиты растений, минеральных удобрений и других препаратов, используемых в деятельности, создании новых препаратов физические и юридические лица обязаны соблюдать правила транспортировки, хранения и применения указанных препаратов и осуществлять мероприятия по обеспечению предотвращения заболевания и гибели животных.

2. При создании новых препаратов должны разрабатываться нормативы по их применению в окружающей среде.

3. В целях предотвращения гибели животных и ухудшения среды их обитания по предложению уполномоченного государственного органа в области охраны, воспроизводства и использования животного мира уполномоченный орган в области охраны окружающей среды может определять отдельные территории, на которых ограничивается или запрещается применение пестицидов, ядохимикатов и других химических препаратов.

4. Разрешается применять пестициды, которые включены в список пестицидов, утвержденный уполномоченным органом по защите растений по согласованию с уполномоченным органом в области охраны окружающей среды и государственным органом в сфере санитарно-эпидемиологического благополучия населения.

5. Включение в список пестицидов, указанный в пункте 4 настоящей статьи, допускается после проведения токсикологических исследований, гигиенической регламентации обращения с ними, установления гигиенических и экологических нормативов и осуществления государственной регистрации этих пестицидов.

6. Государственная регистрация пестицидов проводится в порядке, определенном уполномоченным органом по защите растений по согласованию с уполномоченным органом в области охраны окружающей среды и государственным органом в сфере санитарно-эпидемиологического благополучия населения.

7. При наличии потенциально опасных химических и биологических веществ в минеральных удобрениях и других препаратах уполномоченный орган по защите растений по представлению уполномоченного государственного органа в области охраны, воспроизводства и использования животного мира или уполномоченного органа в области охраны окружающей среды проводит токсикологические исследования, на основании которых устанавливаются экологические нормативы по этим минеральным удобрениям и другим препаратам.

8. Запрещаются:

1) добыча объектов животного мира с применением взрывных устройств, ядохимикатов и других химических препаратов, за исключением применения ядохимикатов и других химических препаратов при истреблении полевых грызунов, а также в случаях массовых эпизоотии, бешенства и других болезней животных по согласованию с уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира;

2) применение пестицидов, ядохимикатов, минеральных удобрений и других препаратов:

в зонах заповедного режима на особо охраняемых природных территориях;

в обозначенных зонах покоя в местах массового скопления животных в период миграции и размножения, а также на участках, представляющих особую ценность в качестве среды обитания диких животных;

в обозначенных местах обитания и искусственного разведения редких и находящихся под угрозой исчезновения видов животных;

3) оставлять в сельскохозяйственных и других угодьях на поверхности земли протравленные семена, не заделанные в почву и доступные для поедания дикими животными.

9. В целях охраны рыб и других водных животных от загрязнения среды их обитания пестицидами, ядохимикатами и другими химическими препаратами в пределах двух километров от существующих берегов рыбохозяйственных водоемов и (или) участков запрещаются:

1) применение способа авиаопыления в борьбе с вредителями, болезнями растений и сорняками;

2) строительство складов для хранения пестицидов, ядохимикатов, минеральных удобрений и нефтепродуктов, устройство взлетно-посадочных полос для проведения авиахимических работ, а также площадок для заправки наземной аппаратуры пестицидами, ядохимикатами и ванн для купания овец.

Статья 249. Экологические требования при интродукции, реинтродукции и гибридизации видов растений и животных

Сноска. Заголовок статьи 249 с изменением, внесенным Законом РК от 02.01.2023 № 184-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Интродукция, реинтродукция и гибридизация видов животных на территории Республики Казахстан допускаются в научно-исследовательских и хозяйственных целях по разрешению уполномоченного государственного органа в области охраны, воспроизводства и использования животного мира на основании биологического обоснования.

Под интродукцией понимается преднамеренный или случайный перенос видов растений за пределы мест их естественного произрастания и животных за пределы среды их обитания.

Интродукция растений осуществляется в соответствии с законодательством Республики Казахстан в области охраны, защиты, восстановления и использования растительного мира.

2. Интродукция гибридных животных в естественную среду запрещается.

3. Физическим и юридическим лицам запрещаются самовольные интродукция, реинтродукция и гибридизация видов животных.

4. Физические и юридические лица, которые содержат или разводят в неволе и (или) полувольных условиях диких животных, а также домашних животных, которые могут скрещиваться с дикими животными или причинить им вред, обязаны проводить мероприятия по предотвращению выхода таких животных в природную среду.

Сноска. Статья 249 с изменением, внесенным Законом РК от 02.01.2023 № 184-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 250. Экологические требования при ввозе в Республику Казахстан и вывозе из Республики Казахстан животных

Ввоз в Республику Казахстан и вывоз из Республики Казахстан животных, подпадающих под действие Конвенции о международной торговле видами дикой фауны и флоры, находящимися под угрозой исчезновения, допускаются по разрешению, выдаваемому в порядке, определенном уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира.

Вывоз животных из Республики Казахстан осуществляется в порядке, определенном законодательством Республики Казахстан и международными договорами Республики Казахстан.

Статья 251. Экологические требования при рыболовстве

1. Правила рыболовства, объекты рыболовства, порядок закрепления рыбохозяйственных водоемов и (или) участков для ведения рыбного хозяйства и рыболовства, предоставления рыбных ресурсов и других водных животных устанавливаются законодательством Республики Казахстан в области охраны, воспроизводства и использования животного мира.

2. В порядке общего пользования животным миром физическим лицам в случаях, предусмотренных законодательством Республики Казахстан, позволяется бесплатное любительское (спортивное) рыболовство в резервном фонде рыбохозяйственных водоемов и (или) участков до пяти килограммов на одного рыболова за выезд. При этом должны соблюдаться установленные правила, нормативы, ограничения и запреты в области охраны, воспроизводства и использования животного мира.

3. Гидромелиоративные работы в водно-болотных угодьях и местах обитания и распространения рыбных ресурсов и других водных животных осуществляются по разрешению уполномоченного государственного органа в области охраны, воспроизводства и использования животного мира.

Статья 252. Экологические требования при использовании полезных свойств и продуктов жизнедеятельности животных

1. Использование полезных свойств и продуктов жизнедеятельности животных допускается без изъятия и уничтожения животных, ухудшения среды их обитания и причинения животным вреда.

2. Использование диких животных в целях получения продуктов их жизнедеятельности допускается без изъятия и уничтожения животных и без ухудшения среды их обитания.

3. Использование диких животных в целях получения продуктов их жизнедеятельности осуществляется по правилам, установленным уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира.

Статья 253. Экологические требования к зоологическим коллекциям

1. Создание и пополнение зоологических коллекций (собрание чучел, яиц, препаратов и частей объектов животного мира, объектов животного мира, в том числе диких животных зоопарков, зоосадов, цирков, зоологических питомников, аквариумов, океанариумов) путем изъятия животных из природной среды осуществляются физическими и юридическими лицами на основании разрешений, выдаваемых уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира.

2. Зоологические коллекции, представляющие научную, культурно-просветительскую, учебно-воспитательную и эстетическую ценность и имеющие общегосударственное значение, подлежат государственному учету.

3. Создание, пополнение, сохранение, использование, отчуждение и государственный учет зоологических коллекций, торговля ими, а также ввоз в Республику Казахстан, пересылка и вывоз их за ее пределы осуществляются по правилам, устанавливаемым уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира.

Статья 254. Экологические требования при регулировании численности животных

1. В интересах охраны здоровья и безопасности населения, предотвращения заболеваний сельскохозяйственных и других домашних животных, причинения вреда окружающей среде, хозяйственной и иной деятельности осуществляются мероприятия, направленные на регулирование численности отдельных видов диких животных. Эти меры должны осуществляться способами, обеспечивающими сохранение среды обитания диких животных, биоразнообразия и не допускающими причинения экологического ущерба охраняемым видам и их природным ареалам.

2. Правила регулирования численности животных утверждаются уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира.

Статья 255. Экологические требования при ведении охотничьего и рыбного хозяйств

При ведении охотничьего и рыбного хозяйств предъявляются следующие экологические требования:

1) не допускать ухудшения экологического состояния среды обитания животных в результате собственной деятельности, применять природоохранные технологии во время осуществления производственных процессов;

2) проводить первичный учет численности и использования диких животных, изучать их состояние и характеристики охотничьих угодий, предоставлять эту информацию в уполномоченный государственный орган в области охраны, воспроизводства и использования животного мира;

3) соблюдать установленные правила, нормы, нормативы, лимиты и сроки добывания животных;

4) осуществлять охрану объектов животного мира, в том числе редких и находящихся под угрозой исчезновения видов животных, на закрепленной территории;

5) проводить комплексные мероприятия, направленные на разведение, в том числе искусственное, диких животных, сохранение и улучшение среды их обитания;

6) осуществлять мероприятия по вопросам охраны, воспроизводства и использования животного мира;

7) осуществлять комплексные мероприятия по профилактике и борьбе с заболеваниями, немедленно информировать уполномоченные государственные органы в области охраны, воспроизводства и использования животного мира, ветеринарии и государственный орган в сфере санитарно-эпидемиологического благополучия населения о выявлении заболеваний животных, об ухудшении состояния среды их обитания, возникновении угрозы уничтожения и случаях гибели животных;

8) самостоятельно прекращать использование объектов животного мира в случаях ухудшения их состояния и условий обитания, снижения способности к воспроизводству и возникновения угрозы уничтожения животных, безотлагательно принимать меры по устранению негативного влияния на животных и среду их обитания.

Статья 256. Перечень редких и находящихся под угрозой исчезновения видов животных

1. Перечень редких и находящихся под угрозой исчезновения видов животных утверждается уполномоченным органом в области охраны окружающей среды и включает редкие и находящиеся под угрозой исчезновения виды (подвиды, популяции) животных (позвоночных и беспозвоночных), обитающие в состоянии естественной свободы постоянно или временно на суше, в воде, атмосфере и почве на территории Республики Казахстан, в том числе на континентальном шельфе и в исключительной экономической зоне Республики Казахстан, а также исчезнувшие в естественной среде обитания.

2. Животные, отнесенные к редким и находящимся под угрозой исчезновения видам животных, являются государственной собственностью, а разведенные и содержащиеся в неволе и (или) полувольных условиях животные могут находиться как в государственной, так и частной собственности.

3. Физические и юридические лица вправе использовать животных, отнесенных к редким и находящимся под угрозой исчезновения видам, в пределах и порядке, установленных законодательством Республики Казахстан.

Статья 257. Охрана и воспроизводство редких и находящихся под угрозой исчезновения видов животных, обитающих в состоянии естественной свободы

1. Не допускаются действия, которые могут привести к гибели, сокращению численности или нарушению среды обитания редких и находящихся под угрозой исчезновения видов животных.

2. Физические и юридические лица обязаны обеспечить охрану животных в пределах закрепленных территорий, сообщать уполномоченному государственному органу в области охраны, воспроизводства и использования животного мира о ставших им известными или выявленных случаях гибели животных, отнесенных к редким и находящимся под угрозой исчезновения видам. Порядок расследования таких случаев определяется уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира.

3. Редким и находящимся под угрозой исчезновения видам животных оказывается помощь в случаях их массовых заболеваний, угрозы гибели при стихийных бедствиях и вследствие других причин в соответствии с законодательством Республики Казахстан в области охраны, воспроизводства и использования животного мира.

4. В целях предотвращения гибели животных, отнесенных к редким и находящимся под угрозой исчезновения видам животных, запрещается их изъятие, кроме исключительных случаев по решению Правительства Республики Казахстан.

5. В целях воспроизводства редких и находящихся под угрозой исчезновения видов животных, обитающих в состоянии естественной свободы, могут проводиться:

1) улучшение условий естественного воспроизводства;

2) переселение;

3) выпуск в среду обитания искусственно разведенных животных.

6. Указанные в пункте 5 настоящей статьи мероприятия осуществляются по разрешению уполномоченного государственного органа в области охраны, воспроизводства и использования животного мира на основании биологического обоснования.

7. Для охраны и воспроизводства редких и находящихся под угрозой исчезновения видов животных, обитающих в состоянии естественной свободы, создаются особо охраняемые природные территории, а также могут устанавливаться вокруг них охранные зоны с запрещением в пределах этих зон любой деятельности, отрицательно влияющей на состояние животного мира.

8. При проектировании и осуществлении деятельности должны разрабатываться мероприятия по сохранению среды обитания и условий размножения, путей миграции и мест концентрации редких и находящихся под угрозой исчезновения видов животных, а также должна обеспечиваться неприкосновенность выделяемых участков, представляющих особую ценность в качестве среды обитания этих животных.

Статья 258. Пользование редкими и находящимися под угрозой исчезновения видами животных, обитающими в состоянии естественной свободы

1. Если пользование редкими и находящимися под угрозой исчезновения видами животных, обитающими в состоянии естественной свободы, в научных, культурно-просветительских, воспитательных и эстетических целях осуществляется без изъятия животных из среды обитания, уполномоченный государственный орган в области охраны, воспроизводства и использования животного мира вправе вводить ограничения на посещение определенных мест и в определенные сроки. Сведения об указанных ограничениях публикуются в районных и областных средствах массовой информации, а в соответствующих местах устанавливаются специальные предупреждающие щиты.

2. Физические и юридические лица, заинтересованные в содержании и разведении в неволе и (или) полувольных условиях редких и находящихся под угрозой исчезновения видов животных, обязаны в установленные сроки выпустить в среду обитания соответствующее изъятым из нее количество особей редких и находящихся под угрозой исчезновения видов животных, полученных путем искусственного разведения. Выпуск животных осуществляется по акту в присутствии должностных лиц уполномоченного государственного органа в области охраны, воспроизводства и использования животного мира.

Статья 259. Содержание и разведение в неволе и (или) полувольных условиях редких и находящихся под угрозой исчезновения видов животных, а также видов, включенных в приложения Конвенции о международной торговле видами дикой фауны и флоры, находящимися под угрозой исчезновения

1. Искусственное разведение редких и находящихся под угрозой исчезновения видов животных, а также видов, включенных в приложения Конвенции о международной торговле видами дикой фауны и флоры, находящимися под угрозой исчезновения, может быть в неволе (клеточное и вольерное содержание) или полувольных условиях (содержание в парках и на других участках с условиями, близкими к естественной среде обитания).

2. Содержание и разведение в неволе и (или) полувольных условиях редких и находящихся под угрозой исчезновения видов животных, а также видов, включенных в приложения Конвенции о международной торговле видами дикой фауны и флоры, находящимися под угрозой исчезновения, разрешаются физическим и юридическим лицам при соблюдении ими следующих требований:

1) наличие условий для содержания животных, включая отведенные в установленном порядке участок или помещение, оборудованные вольерами, клетками и другими сооружениями;

2) выполнение в необходимых объемах зоотехнических, ветеринарных и санитарно-эпидемиологических мероприятий;

3) наличие специалистов зоологического, зоотехнического и ветеринарного профилей, иных лиц с навыками по содержанию животных в неволе или полувольных условиях;

4) наличие разрешения уполномоченного государственного органа в области охраны, воспроизводства и использования животного мира.

Примечание ИЗПИ!
В пункт 3 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3. В разрешении на содержание и разведение в неволе и (или) полувольных условиях редких и находящихся под угрозой исчезновения видов животных, а также видов, включенных в приложения Конвенции о международной торговле видами дикой фауны и флоры, находящимися под угрозой исчезновения, указываются обязательные для выполнения требования, а также максимальное количество особей по видам животных. Если физические и юридические лица не выполняют условий разрешения, после двух предупреждений на протяжении шести месяцев разрешение может быть отозвано или аннулировано.

4. Содержание и разведение в неволе и (или) полувольных условиях редких и находящихся под угрозой исчезновения видов животных в специализированных зоологических питомниках осуществляются в соответствии с положениями об этих питомниках.

5. Владельцы животных, отнесенных к редким и находящимся под угрозой исчезновения видам, а также к видам, включенным в приложения Конвенции о международной торговле видами дикой фауны и флоры, находящимися под угрозой исчезновения, и содержащихся в неволе и (или) полувольных условиях, обязаны провести несъемное кольцевание или мечение этих животных и иметь паспорта на них.

Примечание ИЗПИ!
Пункт 6 предусмотрен в редакции Закона РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

6. Физические и юридические лица, которые содержат в неволе и (или) полувольных условиях животных, отнесенных к редким и находящимся под угрозой исчезновения видам, имеют право на приобретение, сбыт и обмен этих животных в пределах Республики Казахстан только по разрешению уполномоченного государственного органа в области охраны, воспроизводства и использования животного мира.

7. Физические и юридические лица, имеющие в собственности животных, отнесенных к редким и находящимся под угрозой исчезновения видам, а также к видам, включенным в приложения Конвенции о международной торговле видами дикой фауны и флоры, находящимися под угрозой исчезновения, содержащихся в неволе и (или) полувольных условиях, могут использовать их для целей международной торговли в порядке, установленном законодательством Республики Казахстан.

8. Если международная торговля редкими и находящимися под угрозой исчезновения видами животных, разводимыми в неволе и (или) полувольных условиях, может причинить государству экологический и (или) экономический ущерб, Правительство Республики Казахстан вправе вводить ограничения для такой торговли.

Глава 17. ОХРАНА ЛЕСОВ

Статья 260. Экологические требования при пользовании участками государственного лесного фонда при воспроизводстве лесов и лесоразведении на особо охраняемых природных территориях

Пользование участками государственного лесного фонда при воспроизводстве лесов и лесоразведении на особо охраняемых природных территориях осуществляется в соответствии с законодательством Республики Казахстан.

Статья 261. Экологические требования при охране, защите, воспроизводстве и использовании древесной и кустарниковой растительности на участках государственного лесного фонда, переданных в пользование лесовладельцам и (или) лесопользователям

1. Охрана, защита, воспроизводство и использование древесной и кустарниковой растительности на участках государственного лесного фонда, переданных в порядке, установленном законодательством Республики Казахстан, в пользование лесовладельцам и (или) лесопользователям для комплексного ведения сельского и лесного хозяйств, производятся в соответствии с требованиями Лесного кодекса Республики Казахстан.

2. Лесовладельцы и (или) лесопользователи, в пользование которым переданы участки государственного лесного фонда, обязаны проводить в них лесоустройство и участвовать в проведении государственного учета лесного фонда в порядке, установленном Лесным кодексом Республики Казахстан.

3. Контроль за состоянием, охраной, защитой, воспроизводством и использованием древесной и кустарниковой растительности, указанной в пункте 1 настоящей статьи, осуществляется уполномоченным государственным органом в области лесного хозяйства.

Статья 262. Экологические требования при охране, защите участков государственного лесного фонда, пользовании такими участками, воспроизводстве лесов на участках государственного лесного фонда, расположенных среди земельных участков других собственников или землепользователей

1. Для осуществления охраны, защиты, пользования участками государственного лесного фонда, воспроизводства лесов на участках государственного лесного фонда, расположенных среди земельных участков других собственников или землепользователей, государственные лесовладельцы имеют право ограниченного целевого пользования чужим земельным участком (сервитут) в порядке, установленном Земельным кодексом Республики Казахстан.

2. Для защиты лесов естественного происхождения от неблагоприятных внешних воздействий вдоль границ участков государственного лесного фонда, расположенных среди земельных участков других собственников или землепользователей, устанавливаются охранные зоны шириной двадцать метров.

3. В пределах охранной зоны запрещается деятельность, оказывающая негативное воздействие на состояние лесов на участках государственного лесного фонда.

Статья 263. Экологические требования при охране, защите и использовании защитных насаждений на полосах отвода железнодорожных путей, автомобильных дорог, каналов, магистральных трубопроводов и других линейных сооружений

1. Защитные насаждения, расположенные на полосах отвода железнодорожных путей, автомобильных дорог, каналов, магистральных трубопроводов и других линейных сооружений, предназначены для защиты данных объектов от неблагоприятных природных явлений, предотвращения загрязнения окружающей среды, снижения шумового воздействия.

2. На участках с защитными насаждениями, расположенных на полосах отвода железнодорожных путей, автомобильных дорог, каналов, магистральных трубопроводов и других линейных сооружений, допускаются рубки ухода за лесом, санитарные рубки, рубки, связанные с реконструкцией малоценных насаждений, а также насаждений, теряющих защитные, водоохранные и другие функции, и прочие рубки в соответствии с проектами создания защитных насаждений.

3. Охрана, защита и использование защитных насаждений, указанных в пункте 1 настоящей статьи, осуществляются землепользователями, на землях которых они расположены, в соответствии с Лесным кодексом Республики Казахстан.

Статья 264. Охрана зеленого фонда городских и сельских поселений

1. Зеленый фонд городских и сельских поселений представляет собой совокупность территорий, на которых расположены лесные и иные насаждения.

2. Охрана зеленого фонда городских и сельских поселений предусматривает систему мероприятий, обеспечивающих сохранение и развитие зеленого фонда и необходимых для нормализации экологической обстановки и создания благоприятной окружающей среды.

3. На территориях, находящихся в составе зеленого фонда, запрещается деятельность, оказывающая негативное воздействие на указанные территории и препятствующая осуществлению ими функций экологического, санитарно-гигиенического и рекреационного назначения.

4. Охрана, защита и воспроизводство лесов, лесоразведение на территориях, указанных в пункте 1 настоящей статьи, осуществляются в соответствии с лесным законодательством Республики Казахстан.

Статья 265. Режим особой охраны природных объектов, расположенных в зеленых поясах

1. В целях особой охраны природных объектов, расположенных в зеленых поясах, устанавливается ограниченный режим деятельности.

2. Ограниченный режим деятельности в зеленых поясах осуществляется в соответствии с принципами:

1) приоритета осуществления видов деятельности и применения технологий, не приводящих к неблагоприятному изменению состояния природных объектов, расположенных в зеленых поясах;

2) сбалансированности решения социально-экономических задач и задач особой охраны природных объектов, расположенных в зеленых поясах.

3. На территориях, входящих в состав зеленых поясов, запрещаются:

1) использование токсичных химических препаратов, пестицидов, агрохимикатов;

2) размещение опасных отходов;

3) размещение объектов, оказывающих негативное воздействие на окружающую среду, отнесенных в соответствии с законодательством Республики Казахстан о гражданской защите к опасным производственным объектам;

4) разработка месторождений полезных ископаемых, за исключением разработки месторождений минеральных вод и лечебных грязей, использования других природных лечебных ресурсов;

5) создание объектов капитального строительства (за исключением гидротехнических сооружений, линий связи, линий электропередачи, трубопроводов, автомобильных дорог, железнодорожных линий, других линейных объектов, зданий, строений, сооружений, являющихся неотъемлемой технологической частью указанных объектов, а также объектов здравоохранения, образования, объектов для осуществления рекреационной деятельности, туризма);

6) строительство животноводческих и птицеводческих комплексов и ферм, устройство навозохранилищ;

7) размещение скотомогильников;

8) размещение складов ядохимикатов и минеральных удобрений.

4. Рекультивация нарушенных земель, защита земель от эрозии, подтопления, затопления, заболачивания, вторичного засоления, иссушения, загрязнения отходами, химическими веществами, заражения и других негативных воздействий в зеленых поясах осуществляются в приоритетном порядке.

5. Мероприятия по рекультивации зеленых зон включают в себя выполнение мер санитарной безопасности в лесах и ликвидацию очагов вредных организмов, в том числе с применением химических препаратов, не влекущих деградации естественных экологических систем, истощения природных ресурсов и иных негативных изменений состояния окружающей среды.

6. В зеленых поясах запрещаются сплошные рубки лесных и иных насаждений, за исключением случаев, предусмотренных лесным законодательством Республики Казахстан.

7. Мероприятия по лесовосстановлению осуществляются на территориях зеленых поясов в приоритетном порядке, но не позднее чем через один год с момента проведения рубок соответствующих лесных и иных насаждений.

8. Особенности использования, охраны, защиты, воспроизводства лесов, расположенных в зеленых поясах, устанавливаются уполномоченным государственным органом в области лесного хозяйства.

Глава 18. ОХРАНА ГЕНОФОНДА РАСТЕНИЙ, ЖИВОТНЫХ, МИКРООРГАНИЗМОВ И ИСПОЛЬЗОВАНИЕ ГЕНЕТИЧЕСКИХ РЕСУРСОВ

Статья 266. Экологические требования при охране и воспроизводстве генофонда растений и животных, обитающих в состоянии естественной свободы

1. Не допускаются действия, которые могут привести к гибели, сокращению популяции или нарушению среды обитания редких, находящихся под угрозой исчезновения, эндемичных и реликтовых видов растений и животных, являющихся ценным генофондом и национальным достоянием Республики Казахстан.

2. Участки, на которых выявлены объекты ценного природного генофонда – популяции редких, находящихся под угрозой исчезновения, эндемичных и реликтовых видов растений и животных, а также объекты ценного агробиоразнообразия, включая родичей культурных растений и животных, которые используются в селекции либо являются потенциально возможными объектами для селекции в будущем, – могут быть выделены в установленном законодательством порядке в отдельные виды особо охраняемых природных территорий, генетические резерваты и другие охраняемые объекты, вокруг которых устанавливаются охранные либо буферные зоны с особыми условиями пользования природными ресурсами.

3. Указанные в пункте 2 настоящей статьи объекты растительного и животного мира могут быть включены в перечень объектов природно-заповедного фонда, а участки их произрастания и обитания, места концентрации и размножения, пути миграции должны находиться под охраной, обеспечивающей сохранность объектов растительного и животного мира, особый режим пользования этими участками.

Должна обеспечиваться защита участков размещения природного генофонда от карантинных объектов и чужеродных видов.

4. Воспроизводство и использование указанных в пункте 2 настоящей статьи объектов растительного и животного мира должны осуществляться способами, обеспечивающими сохранность материнских особей, и отвечать этическим требованиям, принятым при проведении научных исследований в данной сфере, а также при использовании соответствующих достижений науки, практики и традиционных знаний, имеющих отношение к генетическим ресурсам.

Статья 267. Экологические требования при содержании и использовании естественно-научных коллекций и коллекций генетических ресурсов растений

Сноска. Заголовок статьи 267 с изменением, внесенным Законом РК от 02.01.2023 № 184-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Генетические коллекции растений (в том числе гербарные коллекции), животных и микроорганизмов, включая генетические банки, коллекции ДНК и РНК должны содержаться в условиях, обеспечивающих их сохранность, установленный режим доступа и использования.

Порядок, условия доступа и использования коллекций, указанных в части первой настоящего пункта, за исключением ботанических коллекций и коллекций генетических ресурсов растений, определяются уполномоченным органом в области науки.

Порядок формирования, хранения, учета и использования ботанических коллекций, коллекций генетических ресурсов растений определяется уполномоченным органом в области охраны, защиты, восстановления и использования растительного мира.

2. Естественно-научные коллекции и коллекций генетических ресурсов могут находиться в государственной либо частной собственности на основаниях, условиях и в пределах, установленных законодательными актами Республики Казахстан.

Независимо от форм собственности, естественно-научные коллекции, за исключением ботанических коллекций и коллекций генетических ресурсов растений, и их держатели подлежат государственному учету и регистрации в порядке, установленном уполномоченным органом в области науки.

Сноска. Статья 267 с изменениями, внесенными Законом РК от 02.01.2023 № 184-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 19. ГОСУДАРСТВЕННАЯ ЗАПОВЕДНАЯ ЗОНА В СЕВЕРНОЙ ЧАСТИ КАСПИЙСКОГО МОРЯ

Статья 268. Границы государственной заповедной зоны в северной части Каспийского моря

Границы государственной заповедной зоны в северной части Каспийского моря устанавливаются Правительством Республики Казахстан.

Статья 269. Ограничения режима осуществления деятельности в государственной заповедной зоне в северной части Каспийского моря

1. В пределах государственной заповедной зоны в северной части Каспийского моря на основании функционального зонирования выделяются заповедные участки с полным запретом деятельности и вводятся дополнительные временные ограничения на проведение отдельных видов работ в соответствии с Законом Республики Казахстан "Об особо охраняемых природных территориях".

2. В заповедной зоне в северной части Каспийского моря устанавливается следующий режим пользования:

1) для обеспечения нормального нерестового хода рыб и ската молоди в море запрещаются в период с 1 апреля по 15 июля проведение строительных и геофизических работ, испытание скважин и судоходство в приустьевых районах рек Урала и Волги в радиусе 50 километров от наиболее выдвинутой в сторону моря точки казахстанской части наземной дельты реки Волги и наиболее выдвинутой в сторону моря точки наземной дельты реки Урала, а также в полосе шириной 15 километров от береговой линии на 1 января 1994 года между границами вышеуказанных придельтовых пространств и далее на восток до реки Эмба. При этом допускается судоходство судов, осуществляющих промысел рыбы и ее транспортировку, выставление, замену, снятие и проверку средств навигационной обстановки, научно-исследовательские работы по согласованию с уполномоченным государственным органом в области охраны, воспроизводства и использования животного мира;

2) в период, указанный в подпункте 1) настоящего пункта, процесс добычи нефти должен быть переведен на автономное обеспечение оборудованием, химическими реагентами, горюче-смазочными и другими материалами, продовольствием. Должны быть приняты все меры, обеспечивающие накопление и хранение отходов процесса добычи нефти для их последующего вывоза по окончании периода запрета;

3) в целях сохранения птиц в местах гнездования (в тростниковых зарослях, на песчаных прибрежных косах и островах) запрещаются в период, указанный в подпункте 1) настоящего пункта, проведение строительных работ, а также испытание скважин;

4) проведение работ в сроки, отличные от указанных в подпункте 1) настоящего пункта, в пределах тростниковых зарослей (естественного биологического фильтра) на границе суша – море регулируется решениями уполномоченных государственных органов в области охраны окружающей среды и особо охраняемых природных территорий с учетом сезона года;

5) для сохранения популяции каспийского тюленя проведение операций по разведке и (или) добыче углеводородов с октября по май месяцы должно осуществляться на расстоянии не ближе 1852 метров (одной морской мили) от мест их концентрации. Учитывая смену лежбищ, должны быть приняты все возможные меры для выявления мест концентрации тюленей;

6) во избежание негативных воздействий на птиц и каспийских тюленей запрещается пролет воздушного транспорта над установленными местами их обитания и размножения на высоте ниже одного километра, кроме случаев проведения научно-исследовательских и аварийно-спасательных работ с предварительным уведомлением уполномоченных государственных органов в области охраны окружающей среды и особо охраняемых природных территорий.

3. Для обеспечения устойчивого существования экосистемы государственной заповедной зоны в северной части Каспийского моря при проектировании разведки и добычи на море максимально ограничиваются строительство буровых оснований, испытание скважин и судоходство.

Статья 270. Водоохранная зона Каспийского моря

Ширина водоохранной зоны по берегу Каспийского моря принимается равной двум тысячам метров от отметки среднемноголетнего уровня моря за последнее десятилетие, равной минус 27 метров, за исключением случаев, предусмотренных пунктом 2 статьи 223 настоящего Кодекса.

Статья 271. Районы охраны прибрежных вод в северной части Каспийского моря в местах водопользования населения

1. Районы охраны прибрежных вод в северной части Каспийского моря в местах водопользования населения устанавливаются местными исполнительными органами в пределах своей компетенции с учетом фактического и перспективного водопользования. Ширина территории такого района в сторону моря должна быть не менее 3,9 километра от отметки среднемноголетнего уровня моря за последнее десятилетие.

2. Прибрежная полоса суши, выделяемая в составе районов охраны прибрежных вод в северной части Каспийского моря, в местах водопользования населения соответствует водоохранной зоне Каспийского моря как в части определения границ, так и режима охраны.

Статья 272. Экологические требования при осуществлении деятельности в пределах зоны влияния сгонно-нагонных колебаний уровня Каспийского моря

1. Зона влияния сгонно-нагонных колебаний уровня Каспийского моря не имеет четко фиксированных границ и ориентировочно распространяется от абсолютных отметок минус 29 метров в пределах акватории до минус 26 метров на суше.

2. В пределах зоны влияния сгонно-нагонных колебаний уровня Каспийского моря запрещаются:

1) проектирование, строительство и ввод в эксплуатацию новых и реконструируемых объектов, не обеспеченных сооружениями и устройствами, предотвращающими загрязнение и засорение водных объектов и их водоохранных зон и полос;

2) размещение и строительство за пределами населенных пунктов складов для хранения нефтепродуктов, пунктов технического обслуживания техники, механических мастерских, моек, организация и обустройство мест размещения отходов, а также размещение других объектов, негативно влияющих на качество воды;

3) производство строительных, дноуглубительных и взрывных работ, добыча полезных ископаемых, прокладка кабелей, трубопроводов и других коммуникаций, выполнение буровых, сельскохозяйственных и иных работ без экологического разрешения.

Статья 273. Общие экологические требования при осуществлении деятельности в государственной заповедной зоне в северной части Каспийского моря

При осуществлении деятельности в государственной заповедной зоне в северной части Каспийского моря должны соблюдаться следующие экологические требования:

1) работы, связанные с выемкой и перемещением грунтов, допускаются при наличии специального разрешения, выдаваемого уполномоченным государственным органом по изучению недр, за исключением аварийно-спасательных работ;

2) строительство, монтаж и демонтаж сооружений могут осуществляться только при использовании технологий, обеспечивающих сбор всех видов загрязняющих веществ;

3) при проведении любых видов строительных и иных работ запрещается использование взрывных работ в толще воды и на морском дне;

4) взрывные работы под морским дном могут осуществляться по разрешению уполномоченных государственных органов в области охраны окружающей среды, использования и охраны водного фонда и по изучению недр;

5) запрещаются нарушение мест гнездования водоплавающих и околоводных птиц, а также преграждение доступа к нерестилищам осетровых рыб;

6) забор воды из моря допускается только при условии оснащения водозаборных сооружений рыбозащитными устройствами;

7) на водозаборных сооружениях должны быть установлены технические устройства для непрерывного контроля эффективности работы рыбозащитных устройств;

8) запрещается сброс отходов в море;

9) сброс сточных вод в море запрещается, за исключением ограниченного перечня очищенных сточных вод, в том числе вод систем охлаждения и пожаротушения, очищенных от нефти морских вод, балластовых вод, сбрасываемых по разрешению уполномоченных государственных органов в области охраны окружающей среды, использования и охраны водного фонда, а также государственного органа в сфере санитарно-эпидемиологического благополучия населения;

10) температура воды в результате сброса за пределами контрольного створа не должна повышаться более чем на пять градусов по сравнению со среднемесячной температурой воды в период сброса за последние три года;

11) маршруты для транспорта должны выбираться таким образом, чтобы предотвратить или уменьшить их влияние на морских млекопитающих, рыб и птиц;

12) запрещается прокладка железнодорожных путей, автомобильных дорог, магистральных трубопроводов, не предусмотренных проектами в зоне действия специальных требований.

Для проведения работ в водоохранной зоне и на мелководных прибрежных участках глубиной не более десяти метров должны использоваться транспортные средства, обеспечивающие сохранение высокопродуктивных донных сообществ и нерестилищ. В случае необходимости при проведении мониторинга состояния окружающей среды допускается использование специальных транспортных средств на расширенных гусеницах, шинах низкого давления, воздушной подушке, в минимальной степени нарушающих целостность почвенно-растительного покрова и существующих биоценозов.

Статья 274. Экологические требования при проведении разведки и (или) добычи углеводородов на море в государственной заповедной зоне в северной части Каспийского моря

1. При проведении разведки и (или) добычи углеводородов на море в государственной заповедной зоне в северной части Каспийского моря недропользователь в дополнение к иным экологическим требованиям, предусмотренным настоящим Кодексом, обязан обеспечить соблюдение экологических требований, установленных настоящей статьей.

2. При обнаружении в пределах контрактной территории ранее пробуренных скважин недропользователь обязан принять их на баланс и проводить по ним мониторинг.

3. Запрещается сжигание флюидов на факелах при эксплуатации скважин, за исключением случаев угрозы возникновения аварийной ситуации.

4. Сжигание углеводородов на факелах при испытании скважин должно быть сведено до минимума с применением наилучшей доступной техники, являющейся наиболее безопасной для окружающей среды. Обоснование применения соответствующей техники осуществляется при проведении оценки воздействия на окружающую среду.

Недропользователь обязан осуществлять сжигание углеводородов на факелах при испытании скважин с применением указанной в настоящем пункте наилучшей доступной техники только при благоприятных погодных условиях, способствующих рассеиванию дымового шлейфа, при этом конструкция факельных установок должна обеспечивать полное сгорание углеводородов.

5. В случае расположения скважины на путях миграции птиц должны быть приняты организационно-технические меры для исключения причинения ущерба орнитофауне.

6. Выбросы в атмосферу при проведении разведки и (или) добычи углеводородов на море в государственной заповедной зоне в северной части Каспийского моря подлежат мониторингу и контролю в соответствии с требованиями законодательства Республики Казахстан апробированными принципами и методами, принятыми в международной практике в области охраны окружающей среды при проведении операций по разведке и (или) добыче углеводородов.

7. Закачка отходов бурения в недра запрещается без предварительных операций по их обезвреживанию, определяемых в утвержденном проектном документе для проведения операций по недропользованию.

8. Закачка в недра попутного газа в северной части Каспийского моря, обеспечивающая увеличение нефтеотдачи путем поддержания пластового давления, сверх норм, предусмотренных утвержденным проектным документом для проведения операций по недропользованию, а также нагнетание попутного газа сверх проектных показателей запрещаются.

9. Все операции по обезвреживанию и хранению отходов бурения (шламов и растворов), не вовлекаемых в повторное использование и не закачиваемых в недра, должны осуществляться на специальном полигоне, расположенном вне государственной заповедной зоны в северной части Каспийского моря. Такой специальный полигон должен быть введен в эксплуатацию не позднее даты начала буровых работ.

10. Морские объекты, признаваемые в качестве таковых в соответствии с Кодексом Республики Казахстан "О недрах и недропользовании", и обслуживающие их суда должны быть оборудованы установкой для очистки и обеззараживания сточных вод или для сбора, хранения и последующей передачи сточных вод на специализированные суда или береговые приемные устройства. Для сбора или обработки мусора (измельчения или прессования) должны быть предусмотрены соответствующие устройства. Допускается сжигание медицинских и пищевых отходов с применением наилучших доступных техник в соответствии с утвержденным проектным документом.

11. До начала работ по добыче нефти за счет финансовых средств недропользователя должны разрабатываться комплексные программы по охране окружающей среды, включая мероприятия по охране нерестилищ и воспроизводству ценных промысловых рыб, а также сохранению среды обитания тюленей в государственной заповедной зоне в северной части Каспийского моря.

12. В составе буровых и тампонажных жидкостей не должны применяться вещества, не согласованные в составе утвержденного технического проекта.

13. Буровые установки необходимо комплектовать двигателями внутреннего сгорания, отвечающими требованиям Международной морской организации по предельным значениям выхлопов угарных газов.

14. Энергоустановки должны комплектоваться двигателями внутреннего сгорания или турбинами двойного топлива (дизельное топливо – газ).

15. При проведении оценки воздействия на окружающую среду намечаемой деятельности по разведке и (или) добыче углеводородов на море в государственной заповедной зоне в северной части Каспийского моря анализ современного состояния ранее изученного района намечаемой деятельности должен быть основан на результатах полевых исследований, проведенных не ранее чем за четыре года до представления отчета об оценке воздействия на окружающую среду.

16. Обязательным элементом при оценке воздействия на окружающую среду является анализ альтернативных вариантов, включая отказ от проведения разведки на особо уязвимых участках акватории Каспийского моря и прибрежной зоны.

17. В водоохранной зоне и на мелководных прибрежных участках моря глубиной не более десяти метров бурение скважин осуществляется с помощью буровых установок на электроприводе от внешних сетей. Если бурение ведется буровой установкой от генератора с дизельным топливом и дизельным приводом, то выпуск неочищенных выхлопных газов в атмосферу с таких установок должен быть снижен до минимума.

18. При проведении операций по разведке и (или) добыче углеводородов на море на каждом морском объекте и каждом судне, на котором осуществляется перевозка нефти и нефтесодержащих грузов, должны размещаться ресурсы для ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан, определяемые в соответствии с законодательством Республики Казахстан о недрах и недропользовании.

Статья 275. Экологические требования при проведении геофизических работ

1. При проведении геофизических работ в государственной заповедной зоне в северной части Каспийского моря запрещается:

1) использовать взрывные источники сейсмических волн и пневмоисточники с параметрами, оказывающими вредное воздействие на ихтиофауну и среду ее обитания;

2) применять аппаратуру и методы, безопасность которых не подтверждена документально или на основе опытных геофизических работ;

3) оставлять в море без контроля сейсмические косы во избежание их отрыва и уноса, а также буксировка их по дну.

2. В целях сохранения популяции каспийского тюленя проведение сейсмических работ и иных геофизических работ в период с октября по май месяцы корректируется отводом сейсмопрофилей на расстояние не менее 1852 метров (одной морской мили) от мест концентрации тюленей на островных и ледовых лежбищах. Для выявления мест высокой концентрации тюленей, учитывая частую смену лежбищ, должны предусматриваться предварительные авиационные облеты.

3. В процессе сейсморазведки может быть предусмотрено использование средств отпугивания рыб из зоны работ.

Статья 276. Экологические требования при проектировании и строительстве нефтегазопроводов

1. Проектирование и строительство нефтегазопроводов и сопровождающих их объектов в зоне влияния сгонно-нагонных колебаний уровня моря должны проводиться с учетом их максимальных амплитуд.

2. Проектирование автоматических запорных задвижек на нефтегазопроводах необходимо производить с учетом оценки рисков, связанных с возможным нарушением целостности нефтегазопроводов.

3. При строительстве нефтегазопроводов должны применяться технические средства и оборудование, обеспечивающие минимальный объем нарушений морского дна, и использоваться технологии и методы, локализующие распространение взвешенных веществ в толще воды.

4. В государственной заповедной зоне в северной части Каспийского моря обязательным является заглубление нефтегазопроводов, обеспечивающее их защиту от повреждения подвижными льдами, якорями судов и прочими посторонними воздействиями техногенного характера.

5. Вдоль нефтегазопроводов должны устанавливаться охранные зоны в виде участков водного пространства от водной поверхности до дна, заключенного между параллельными плоскостями, отстоящими от оси крайних ниток трубопровода на пятьсот метров с каждой стороны.

6. Сброс воды при гидроиспытании нефтегазопроводов должен производиться за пределами границ государственной заповедной зоны в северной части Каспийского моря.

Статья 277. Экологические требования для береговых баз снабжения и объектов береговой инфраструктуры

1. Строительство береговых баз, в том числе складов горюче-смазочных материалов, станции технического обслуживания транспортных средств, кроме портов и причалов, должно осуществляться вне водоохранной зоны берега Каспийского моря с использованием существующей инфраструктуры. Допускаются строительство объектов и выполнение работ в водоохранной зоне, предусмотренных законодательством Республики Казахстан.

2. Районы причалов и баз снабжения должны планироваться таким образом, чтобы операции по снабжению, техническому обслуживанию и заправке осуществлялись с соблюдением всех требований, обеспечивающих безопасность окружающей среды и здоровья населения.

3. По завершении функционирования объектов береговой инфраструктуры и их демонтажа должна быть проведена рекультивация земель в соответствии с проектной документацией, согласованной с уполномоченным органом в области охраны окружающей среды.

Статья 278. Экологические требования для судоходства

1. Запрещается использовать оборудование и аппаратуру, а также суда, ранее работавшие в иных водных бассейнах, без проведения экологического обследования во избежание случайной интродукции объектов растительного и животного мира в Каспийское море.

2. Все виды перемещений водным транспортом должны быть представлены в составе предпроектной и проектной документации. На стадии детального проектирования и при организации работ должно быть определено расписание движения судов по сезонам и должны быть указаны маршруты следования судов на картографических материалах. При выборе маршрутов перемещения должны быть учтены гидрометеорологические условия, включая ледовые, а также периоды и места нереста и миграции ценных видов рыб, лежбищ тюленей, гнездования птиц.

3. Все суда должны быть оборудованы системами закрытой бункеровки топлива, емкостями по сбору загрязненных вод и бытового мусора, снабженными устройствами, не позволяющими производить их сброс в открытые водоемы.

4. Перевозка сыпучих материалов, химических реагентов и опасных грузов должна осуществляться в закрытых контейнерах и специальных емкостях, исключающих их попадание в окружающую среду, в соответствии с требованиями законодательства Республики Казахстан о торговом мореплавании.

5. Корпуса судов, других плавательных средств, морских буровых установок и платформ должны быть покрыты современными сертифицированными антикоррозионными материалами.

6. Заправка судов в море должна производиться с помощью систем, исключающих разливы и утечки топлива и горюче-смазочных материалов.

7. Шумы и вибрация от судов не должны превышать предельно допустимые уровни шума, установленные санитарно-эпидемиологическими правилами и нормами, гигиеническими нормативами.

8. Строительное оборудование судов специального назначения должно комплектоваться приспособлениями для снижения уровня шума и вибрации.

9. Для танкерной перевозки углеводородов и иных опасных веществ в акватории Каспийского моря эксплуатируются танкеры с двойным корпусом.

10. Суда должны быть снабжены оборудованием, не допускающим загрязнения палуб судов нефтепродуктами, сброса загрязненных сточных вод в водоемы. Запрещается сброс с судов нефти, загрязняющих веществ и содержащих их сточных вод, неочищенных балластных вод, пищевых отходов, бытового мусора и всех видов пластмасс в водные объекты. Меры по предотвращению загрязнения с судов принимаются в соответствии с требованиями законодательства Республики Казахстан о торговом мореплавании.

11. Режим судоходства устанавливается по согласованию с уполномоченными государственными органами в области охраны, воспроизводства и использования животного мира, использования и охраны водного фонда.

Статья 279. Экологические требования к консервации и ликвидации объектов операций по разведке и (или) добыче углеводородов

1. Консервация или ликвидация объектов операций по разведке и (или) добыче углеводородов на море, разведки, в том числе твердых полезных ископаемых, минеральных и (или) питьевых вод, осуществляется в соответствии с законодательством Республики Казахстан о недрах и недропользовании.

2. В случае консервации скважин после завершения испытаний недропользователь обязан провести работы по консервации, обеспечить сохранность бурового основания и надежную герметизацию скважины до момента возобновления работ.

3. При ликвидации скважин, пробуренных с насыпного основания (подводной бермы или острова), недропользователь обязан обеспечить их герметизацию и контроль за состоянием искусственного основания, предварительно проведя его очистку от возможного загрязнения углеводородами и иными химическими веществами. В случае размыва острова (бермы) недропользователь обязан обозначить его (ее) вехой или бакеном до проведения окончательной нивелировки основания и передать координаты уполномоченным государственным органам по изучению недр, внутреннего водного транспорта для нанесения на морские карты в целях обеспечения безопасности судоходства.

4. При ликвидации скважин, пробуренных с платформ любого типа, конструкции платформ должны быть полностью демонтированы и удалены, а оголовки герметизированных скважин срезаны на уровне дна во избежание создания помех рыболовству и судоходству.

5. Решение о ликвидации насыпных добычных островов, выведенных из эксплуатации, должно приниматься на основании проведенной оценки воздействия на окружающую среду от проведения работ по ликвидации.

6. Консервация и ликвидация затопленных и подтопленных старых скважин должны выполняться по проектам, прошедшим в соответствии с законодательством Республики Казахстан государственные экологическую экспертизу и экспертизу, проводимую в соответствии с законодательством Республики Казахстан о недрах и недропользовании. При этом обязательно должен быть разработан и утвержден план по обеспечению готовности и действий по ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан и обеспечен мониторинг консервированных и ликвидированных скважин. Не допускается ведение работ без их обеспечения необходимыми ресурсами для ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан в соответствии с планом по обеспечению готовности и действий по ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан.

Статья 280. Мониторинг окружающей среды государственной заповедной зоны в северной части Каспийского моря

1. В государственной заповедной зоне в северной части Каспийского моря в обязательном порядке уполномоченным органом в области охраны окружающей среды осуществляется государственный экологический мониторинг.

2. Недропользователь, проводящий операции по недропользованию в государственной заповедной зоне в северной части Каспийского моря, обязан вести ежегодный производственный мониторинг окружающей среды (по климатическим сезонам) по всей контрактной территории, за исключением мониторинга в зимний период на акватории моря, покрытой льдами, с целью предотвращения негативного воздействия на морскую среду.

3. Материалами оценки воздействия на окружающую среду каждого этапа операций по разведке и (или) добыче углеводородов (геофизические исследования, инженерно-геологические изыскания, бурение, строительство, обустройство, эксплуатация, ликвидация и иное) должно быть предусмотрено проведение производственного мониторинга, которое включает в себя:

1) натурные исследования состояния окружающей среды на производственных объектах на каждом из этапов операций по разведке и (или) добыче углеводородов;

2) мониторинг источников загрязнения;

3) мониторинг состояния окружающей среды;

4) мониторинг последствия аварийного загрязнения окружающей среды.

4. Государственный экологический и производственный мониторинг окружающей среды должен включать наблюдения за следующими параметрами:

1) уровнем загрязнения вод, а также донных отложений по физическим, химическим и гидробиологическим показателям в различных по статусу (режиму) участках Каспийского моря;

2) балансом и трансформацией загрязняющих веществ на определенных участках Каспийского моря (в контрольных точках отбора проб в открытом море, заливах, на приустьевых участках, в реках, впадающих в море, районах проведения операций по разведке и (или) добыче углеводородов), на границе раздела атмосфера – вода и накоплением их в донных отложениях (осадках);

3) естественными циркуляционными процессами, гидрометеорологическими показателями (температурой воды, течениями, скоростью и направлением ветров, атмосферными осадками, атмосферным давлением, влажностью воздуха).

5. В случае необходимости и по требованию уполномоченного органа в области охраны окружающей среды недропользователь должен провести дополнительные исследования состояния окружающей среды.

6. Недропользователь определяет виды и методы наблюдения за состоянием окружающей среды в порядке, установленном уполномоченным органом в области охраны окружающей среды.

7. При проведении производственного мониторинга недропользователь должен учитывать результаты наблюдений предыдущих лет и использовать показания уже существующих станций, расположенных на площади работ (в пределах контрактной территории и в ее окружении), в целях продолжения долгосрочного ряда наблюдений.

8. В случае возникновения аварийных ситуаций должен быть безотлагательно организован мониторинг последствий аварийного загрязнения окружающей среды.

9. Недропользователь обязан передать результаты производственного мониторинга в уполномоченный орган в области охраны окружающей среды.

РАЗДЕЛ 18. КЛИМАТ И ОЗОНОВЫЙ СЛОЙ АТМОСФЕРЫ

Глава 20. ГОСУДАРСТВЕННОЕ РЕГУЛИРОВАНИЕ В СФЕРЕ ВЫБРОСОВ И ПОГЛОЩЕНИЙ ПАРНИКОВЫХ ГАЗОВ

Статья 281. Парниковые газы

1. Под парниковыми газами понимаются составляющие атмосферу Земли газообразные вещества (химические соединения) как природного, так и антропогенного происхождения, которые способны поглощать или отражать инфракрасное излучение.

2. Действие настоящего Кодекса распространяется на следующие виды парниковых газов:

1) диоксид углерода (CO2);

2) метан (CH4);

3) закись азота (N2O);

4) гидрофторуглероды (ГФУ);

5) перфторуглероды (ПФУ);

6) гексафторид серы (SF6);

7) иные вещества, определенные уполномоченным органом в области охраны окружающей среды в соответствии с пунктом 3 настоящей статьи.

3. Определение уполномоченным органом в области охраны окружающей среды отдельных веществ в качестве парниковых газов осуществляется в случае вступления в силу международных обязательств Республики Казахстан, требующих принятия мер по государственному регулированию в сфере выбросов и поглощений парниковых газов в отношении таких веществ.

Статья 282. Выбросы и поглощения парниковых газов

1. Под выбросами парниковых газов понимается высвобождение парниковых газов в атмосферу в результате антропогенных процессов.

2. Под поглощением парниковых газов понимается абсорбция (удаление) парникового газа из атмосферы, происходящая (происходящее) в результате осуществления любого природного процесса или вида деятельности.

3. Объемы выбросов и поглощений парниковых газов измеряются и рассчитываются в тоннах эквивалента диоксида углерода.

Под тонной эквивалента диоксида углерода понимается одна метрическая тонна диоксида углерода или масса иного парникового газа, эквивалентная по потенциалу глобального потепления одной метрической тонне диоксида углерода.

Потенциалы глобального потепления определяются уполномоченным органом в области охраны окружающей среды в соответствии с положениями международных договоров Республики Казахстан в области изменения климата.

Статья 283. Национальные вклады Республики Казахстан в глобальное реагирование на изменение климата

1. Республика Казахстан ставит своей целью обеспечение снижения к 31 декабря 2030 года углеродного баланса Республики Казахстан не менее чем на пятнадцать процентов от уровня углеродного баланса 1990 года.

Углеродный баланс Республики Казахстан определяется как объем фактических выбросов парниковых газов за минусом объема фактических поглощений парниковых газов за установленный период.

Указанная в части первой настоящего пункта цель является определяемым на национальном уровне вкладом Республики Казахстан в глобальное реагирование на изменение климата (далее – национальный вклад).

2. Уполномоченный орган в области охраны окружающей среды разрабатывает последующие национальные вклады Республики Казахстан в соответствии с международными договорами, ратифицированными Республикой Казахстан.

Последующие национальные вклады Республики Казахстан утверждаются Правительством Республики Казахстан.

3. Уполномоченный орган в области охраны окружающей среды является рабочим органом по реализации международных договоров Республики Казахстан в области изменения климата и осуществляет государственное регулирование в сфере выбросов и поглощений парниковых газов в соответствии с настоящим Кодексом в целях обеспечения достижения национальных вкладов Республики Казахстан, определенных в соответствии с настоящим Кодексом.

4. Государственные органы и должностные лица Республики Казахстан в пределах своей компетенции обязаны предпринимать действия, направленные на обеспечение выполнения национальных вкладов Республики Казахстан.

Статья 284. Государственное регулирование в сфере выбросов и поглощений парниковых газов

1. Под государственным регулированием в сфере выбросов и поглощений парниковых газов понимается деятельность государства, направленная на создание условий для сокращения выбросов и увеличения поглощений парниковых газов с учетом необходимости обеспечения устойчивого развития Республики Казахстан и выполнения ее международных обязательств.

2. Государственное регулирование в сфере выбросов и поглощений парниковых газов осуществляется посредством:

1) применения инструментов государственного регулирования в сфере выбросов и поглощений парниковых газов в соответствии с настоящим Кодексом;

2) установления рыночного механизма торговли углеродными единицами.

3. Государственное регулирование в сфере выбросов и поглощений парниковых газов осуществляется в соответствии с настоящим Кодексом и правилами государственного регулирования в сфере выбросов и поглощений парниковых газов, утвержденными уполномоченным органом в области охраны окружающей среды.

Статья 285. Инструменты государственного регулирования в сфере выбросов и поглощений парниковых газов

Государственное регулирование в сфере выбросов и поглощений парниковых газов осуществляется с использованием следующих инструментов:

1) установление углеродного бюджета;

2) углеродное квотирование;

3) администрирование операторов установок.

Статья 286. Углеродный бюджет

1. Под углеродным бюджетом понимается установленный в порядке, предусмотренном настоящим Кодексом, предельно допустимый объем для углеродного баланса Республики Казахстан на период углеродного бюджетирования.

2. Углеродный баланс Республики Казахстан за период углеродного бюджетирования не должен превышать установленный в отношении такого периода углеродный бюджет.

3. Период углеродного бюджетирования составляет пять последовательных календарных лет.

4. Углеродным бюджетом определяются объемы квотируемых и неквотируемых выбросов парниковых газов.

5. Углеродный бюджет разрабатывается и утверждается уполномоченным органом в области охраны окружающей среды для каждого последовательного периода углеродного бюджетирования не позднее чем за шесть месяцев до начала соответствующего периода углеродного бюджетирования.

6. Углеродный бюджет разрабатывается с учетом необходимости соблюдения национальных вкладов в соответствии с международными договорами Республики Казахстан таким образом, чтобы:

1) для периода углеродного бюджетирования с 2021 по 2025 годы углеродный бюджет для 2021 года был не менее чем на 1,5 процента ниже уровня углеродного баланса 1990 года, в последующие годы – сокращался не менее чем на 1,5 процента ежегодно от уровня углеродного бюджета предыдущего года;

2) для периода углеродного бюджетирования с 2026 по 2030 годы углеродный бюджет для каждого календарного года сокращался не менее чем на 1,5 процента от уровня углеродного бюджета предыдущего года;

3) для дальнейших периодов углеродного бюджетирования углеродный бюджет для каждого календарного года был не менее чем на пятнадцать процентов ниже уровня углеродного баланса 1990 года.

Статья 287. Объекты государственного регулирования в сфере выбросов и поглощений парниковых газов

1. Предусмотренные настоящим Кодексом инструменты государственного регулирования в сфере выбросов и поглощений парниковых газов применяются к установкам, выбросы парниковых газов которых превышают соответствующие пороговые значения, установленные настоящим разделом.

2. Под установкой понимается стационарный источник выбросов парниковых газов или несколько стационарных источников выбросов парниковых газов, связанных между собой единым технологическим процессом и размещенных на одной промышленной площадке.

Стационарным признается источник выбросов парниковых газов, который не может быть перемещен без его демонтажа и постоянное местоположение которого может быть определено с применением единой государственной системы координат или который может быть перемещен посредством транспортного или иного передвижного средства, но требует неподвижного (стационарного) относительно земной поверхности положения в процессе его эксплуатации.

3. Под оператором установки в настоящем Кодексе понимается физическое или юридическое лицо, в собственности или ином законном пользовании которого находится установка.

Статья 288. Оператор системы торговли углеродными единицами

1. Оператором системы торговли углеродными единицами является подведомственная организация по регулированию выбросов парниковых газов уполномоченного органа в области охраны окружающей среды, обеспечивающая техническое и экспертное сопровождение государственного регулирования и международного сотрудничества в сфере выбросов и поглощений парниковых газов.

2. Оператор системы торговли углеродными единицами осуществляет деятельность по:

1) формированию и ведению государственного углеродного кадастра;

2) осуществлению государственной инвентаризации выбросов и поглощений парниковых газов;

3) формированию и ведению государственного реестра углеродных единиц;

4) сопровождению реализации системы торговли углеродными единицами в Республике Казахстан;

5) продаже и покупке углеродных единиц.

Статья 289. Углеродное квотирование

1. Под углеродным квотированием понимаются установление государством на период углеродного бюджетирования количественного ограничения совокупного объема квотируемых выбросов парниковых газов, осуществляемых квотируемыми установками в секторах экономики, указанных в пункте 2 настоящей статьи, и распределение углеродных квот субъектам квотирования в соответствии с настоящим Кодексом.

Под квотируемыми выбросами парниковых газов понимаются выбросы диоксида углерода.

2. Углеродному квотированию подлежат электроэнергетическая, нефтегазовая, горнодобывающая, металлургическая и химическая промышленность, а также обрабатывающая промышленность в части производства цемента, извести, гипса и кирпича (далее – регулируемые секторы экономики).

3. Квотируемой установкой признается установка, объем квотируемых выбросов парниковых газов которой превышает двадцать тысяч тонн диоксида углерода в год в регулируемых секторах экономики.

Субъектом квотирования признается оператор квотируемой установки.

4. Под углеродной квотой понимается количественный объем квотируемых выбросов парниковых газов, установленный для квотируемой установки на период действия Национального плана углеродных квот в соответствии с пунктом 4 статьи 290 настоящего Кодекса и зачисленный на соответствующий счет оператора квотируемой установки в государственном реестре углеродных единиц.

Углеродная квота формируется путем распределения единиц углеродной квоты между субъектами квотирования, а также за счет приобретения ими углеродных единиц на углеродном рынке.

5. Под единицей углеродной квоты понимается углеродная единица, применяемая для исчисления объема углеродной квоты.

6. Запрещается эксплуатация квотируемой установки субъектом квотирования без получения углеродных квот.

7. Субъект квотирования вправе самостоятельно распределять имеющиеся у него единицы углеродной квоты между своими установками в пределах периода квотирования.

8. Субъект квотирования вправе осуществлять перенос непогашенных единиц углеродной квоты между отчетными периодами в пределах периода действия Национального плана углеродных квот.

9. Субъект квотирования вправе продать или купить единицы углеродной квоты, за исключением единиц, полученных в соответствии с пунктом 8 статьи 295 настоящего Кодекса.

10. Углеродное квотирование осуществляется в соответствии с настоящим Кодексом и правилами государственного регулирования в сфере выбросов и поглощений парниковых газов.

11. В случае превышения установленной углеродной квоты субъект квотирования вправе компенсировать недостаток в углеродной квоте приобретенными углеродными единицами, дополнительной углеродной квотой и (или) офсетными единицами.

Запрещается осуществление квотируемой установкой квотируемых выбросов парниковых газов в объеме, превышающем количество углеродных единиц, имеющихся на соответствующем счете оператора квотируемой установки в государственном реестре углеродных единиц.

Статья 290. Национальный план углеродных квот

1. Национальный план углеродных квот является документом, устанавливающим общее количество единиц углеродной квоты, подлежащих распределению между субъектами квотирования по регулируемым секторам экономики, а также объем резерва единиц углеродной квоты.

2. Национальный план углеродных квот разрабатывается и утверждается уполномоченным органом в области охраны окружающей среды.

3. Период действия Национального плана углеродных квот должен соответствовать периоду углеродного бюджетирования.

Отчетным периодом Национального плана углеродных квот является один календарный год.

4. Общее количество единиц углеродной квоты, подлежащих бесплатному распределению между субъектами квотирования по регулируемым секторам экономики, рассчитывается в соответствии с правилами государственного регулирования в сфере выбросов и поглощений парниковых газов.

5. В категорию резерва Национального плана углеродных квот включаются углеродные единицы в целях:

1) бесплатного распределения единиц углеродной квоты для новых квотируемых установок, вводимых в эксплуатацию в соответствующий период действия Национального плана углеродных квот;

2) бесплатного распределения единиц углеродной квоты для ранее не учтенных квотируемых установок, выявленных в соответствующий период действия Национального плана углеродных квот;

3) бесплатного распределения дополнительных единиц углеродной квоты в случае увеличения мощности квотируемых установок в соответствующий период действия Национального плана углеродных квот;

4) бесплатного распределения единиц углеродной квоты для установок субъектов администрирования, переходящих в категорию квотируемых установок в соответствующий период действия Национального плана углеродных квот;

5) продажи единиц углеродной квоты на условиях аукциона.

6. Объем резерва единиц углеродной квоты рассчитывается на основании среднего показателя прогнозируемого ежегодного темпа роста валового внутреннего национального продукта на соответствующий период согласно информации уполномоченного органа в области государственного планирования.

7. Управление резервом Национального плана углеродных квот осуществляет уполномоченный орган в области охраны окружающей среды.

8. Установка субъектов администрирования включается в категорию квотируемых установок на основании верифицированного отчета об инвентаризации выбросов парниковых газов, подтверждающего, что выбросы установки превышают двадцать тысяч тонн диоксида углерода в год.

Установка, указанная в части первой настоящего пункта, подлежит углеродному квотированию с 1 января года, следующего за годом представления соответствующего верифицированного отчета об инвентаризации выбросов парниковых газов.

9. Вводимая в эксплуатацию новая квотируемая установка подлежит углеродному квотированию с 1 января года, следующего за годом введения ее в эксплуатацию.

10. Углеродные единицы, включенные в категорию резерва, указанную в соответствии с подпунктом 5) пункта 5 настоящей статьи, передаются оператору системы торговли углеродными единицами для организации их продажи на условиях аукциона.

11. Средства от продажи углеродных единиц из резерва поступают на счет оператора системы торговли углеродными единицами для финансирования мероприятий, программ и проектов по регулированию выбросов и поглощений парниковых газов.

Статья 291. Распределение единиц углеродной квоты

1. Распределение единиц углеродной квоты среди субъектов квотирования осуществляется на условиях их бесплатного распределения и продажи посредством аукциона в пределах объемов, определенных Национальным планом углеродных квот.

2. Количество единиц углеродной квоты для квотируемых установок, подлежащее бесплатному распределению, рассчитывается путем применения бенчмарков в соответствии с правилами государственного регулирования в сфере выбросов и поглощений парниковых газов.

Под бенчмарком понимается удельный объем выбросов квотируемых парниковых газов на единицу продукции.

Перечень бенчмарков в регулируемых секторах экономики разрабатывается и утверждается уполномоченным органом в области охраны окружающей среды.

3. Распределение единиц углеродной квоты посредством их продажи на условиях аукциона осуществляется в соответствии со статьей 299 настоящего Кодекса.

Примечание ИЗПИ!
В пункт 4 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

4. Для зачисления единиц углеродной квоты субъект квотирования открывает счет в государственном реестре углеродных единиц в соответствии с правилами ведения государственного реестра углеродных единиц, утвержденными уполномоченным органом в области охраны окружающей среды.

5. Углеродная квота зачисляется на соответствующий счет оператора квотируемой установки в государственном реестре углеродных единиц в течение десяти рабочих дней со дня утверждения Национального плана углеродных квот.

6. Единицы углеродной квоты в пределах действия Национального плана углеродных квот могут переноситься с одного отчетного периода на другой.

7. Неиспользованные (непогашенные) единицы углеродной квоты не переносятся в следующий Национальный план углеродных квот.

Примечание ИЗПИ!
В пункт 8 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

8. Срок действия единиц углеродной квоты ограничивается девяноста рабочими днями после даты окончания срока представления отчетности по последнему отчетному году соответствующего Национального плана углеродных квот, на основании которого они были распределены.

Статья 292. Погашение углеродных единиц

1. Под погашением углеродных единиц понимается изъятие из обращения углеродных единиц путем их списания с соответствующего счета субъекта квотирования и зачисления на счет погашения квот в государственном реестре углеродных единиц.

2. Погашение углеродных единиц осуществляется ежегодно в размере, равном произведенным квотируемой установкой фактическим квотируемым выбросам парниковых газов, которые определяются согласно зарегистрированному верифицированному отчету об инвентаризации выбросов парниковых газов за отчетный год.

3. Оператор системы торговли углеродными единицами в течение пяти рабочих дней после регистрации верифицированного отчета об инвентаризации парниковых газов переводит погашенные единицы углеродной квоты со счета субъекта квотирования на счет погашения квот.

Статья 293. Мониторинг выбросов парниковых газов квотируемых установок

1. Субъект квотирования разрабатывает обязательный для исполнения план мониторинга выбросов парниковых газов квотируемой установки (далее – план мониторинга) на период действия Национального плана углеродных квот.

Примечание ИЗПИ!
Пункт 2 предусмотрен в редакции Закона РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. Субъект квотирования до первого апреля первого года действия Национального плана углеродных квот представляет валидированный план мониторинга в уполномоченный орган в области охраны окружающей среды.

В случае непредставления плана мониторинга в установленный частью первой настоящего пункта срок счет субъекта квотирования в государственном реестре углеродных единиц в течение пяти рабочих дней подлежит блокированию до представления требуемых документов.

3. Мониторинг выбросов парниковых газов квотируемой установки осуществляется в соответствии с правилами государственного регулирования в сфере выбросов и поглощений парниковых газов.

4. Форма плана мониторинга устанавливается правилами государственного регулирования в сфере выбросов и поглощений парниковых газов.

Статья 294. Инвентаризация выбросов парниковых газов квотируемых установок

1. Под инвентаризацией выбросов парниковых газов понимается определение фактических объемов выбросов и поглощений парниковых газов за отчетный период.

Примечание ИЗПИ!
В пункт 2 предусмотрены изменения Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. Субъект квотирования до первого апреля текущего года обязан заполнить в государственном углеродном кадастре электронную форму отчета об инвентаризации выбросов парниковых газов за предыдущий год.

Форма отчета об инвентаризации выбросов парниковых газов устанавливается правилами государственного регулирования в сфере выбросов и поглощений парниковых газов.

3. Методики по расчету выбросов и поглощения парниковых газов разрабатываются и утверждаются уполномоченным органом в области охраны окружающей среды.

4. Субъект квотирования направляет посредством государственного углеродного кадастра заполненную электронную форму отчета об инвентаризации выбросов парниковых газов для верификации в аккредитованный орган по валидации и верификации.

5. Аккредитованный орган по валидации и верификации проводит в государственном углеродном кадастре верификацию отчета об инвентаризации выбросов парниковых газов за отчетный год. В случае необходимости внесения корректировок в отчет об инвентаризации выбросов парниковых газов аккредитованный орган по валидации и верификации направляет его на доработку субъекту квотирования.

6. Оператор системы торговли углеродными единицами в течение двадцати рабочих дней со дня направления ему верифицированного отчета об инвентаризации выбросов парниковых газов рассматривает его на предмет соответствия утвержденной форме, наличия верификации, корректности расчетов выбросов парниковых газов и применения коэффициентов, использованных для расчета выбросов парниковых газов, и по результатам рассмотрения:

1) регистрирует отчет об инвентаризации выбросов парниковых газов в случае его соответствия требованиям абзаца первого настоящего пункта;

2) в случае несоответствия отчета об инвентаризации выбросов парниковых газов требованиям абзаца первого настоящего пункта направляет его на доработку субъекту квотирования, а также уведомляет уполномоченный орган в области охраны окружающей среды для принятия мер в отношении аккредитованных органов по валидации и верификации.

7. На основе зарегистрированных отчетов об инвентаризации выбросов парниковых газов оператор системы торговли углеродными единицами осуществляет анализ и прогнозирование выбросов и поглощений парниковых газов и в случае необходимости вносит уполномоченному органу в области охраны окружающей среды предложения по совершенствованию законодательства Республики Казахстан в сфере регулирования выбросов парниковых газов.

8. Контроль инвентаризации выбросов парниковых газов осуществляется в соответствии с правилами государственного регулирования в сфере выбросов и поглощений парниковых газов.

Статья 295. Изменение углеродной квоты

1. Субъект квотирования обращается в уполномоченный орган в области охраны окружающей среды для получения дополнительной углеродной квоты при отсутствии или недостаточности объема основной углеродной квоты в случае увеличения мощности квотируемой установки в период действия Национального плана углеродных квот.

Под увеличением мощности понимается увеличение годового объема добычи, производства, переработки и (или) транспортировки продукции.

Примечание ИЗПИ!
В пункт 2 предусмотрены изменения Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. В целях получения дополнительной углеродной квоты субъект квотирования не ранее 1 апреля, но не позднее 1 октября года, следующего за отчетным, подает в уполномоченный орган в области охраны окружающей среды заявление в электронной форме на изменение углеродной квоты и расчеты, обосновывающие изменение углеродной квоты.

В случае обращения за дополнительной углеродной квотой в период последнего года действия Национального плана углеродных квот субъект квотирования подает в уполномоченный орган в области охраны окружающей среды указанные в части первой настоящего пункта документы не ранее 1 апреля, но не позднее 1 июня года, следующего за отчетным.

3. Дополнительная углеродная квота рассчитывается по следующей формуле:

М = (Х – У) × Z,

где:

М – запрашиваемая дополнительная углеродная квота;

Х – подтвержденный объем продукции, указанный в верифицированном отчете об инвентаризации выбросов парниковых газов за предыдущий отчетный год;

У – значение объема продукции, использованное для расчета углеродной квоты для установки на один год по действующему Национальному плану углеродных квот;

Z – бенчмарк.

Примечание ИЗПИ!
Пункт 4 предусмотрен в редакции Закона РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

4. Уполномоченный орган в области охраны окружающей среды рассматривает документы, представленные субъектом квотирования для получения дополнительной углеродной квоты, в течение пятнадцати рабочих дней с момента их получения.

5. В случае принятия положительного решения о выдаче дополнительной углеродной квоты уполномоченный орган в области охраны окружающей среды в течение трех рабочих дней направляет соответствующие уведомления субъекту квотирования и оператору системы торговли углеродными единицами с указанием субъекта квотирования, квотируемой установки и объема дополнительной углеродной квоты.

Примечание ИЗПИ!
В пункт 6 предусмотрены изменения Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

6. В случаях представления неполного пакета документов и (или) их несоответствия требованиям пунктов 1, 2 и 3 настоящей статьи уполномоченный орган в области охраны окружающей среды направляет их на доработку.

После представления субъектом квотирования доработанных документов уполномоченный орган в области охраны окружающей среды рассматривает их в сроки, указанные в пункте 4 настоящей статьи.

7. Информация о выданной дополнительной углеродной квоте публикуется на официальном интернет-ресурсе оператора системы торговли углеродными единицами.

8. Единицы углеродной квоты, образованные за счет снижения мощности квотируемой установки, не могут быть проданы и подлежат возврату в резерв Национального плана углеродных квот в порядке, установленном правилами государственного регулирования в сфере выбросов и поглощений парниковых газов.

Под снижением мощности понимается снижение годового объема добычи, производства, переработки и (или) транспортировки продукции.

9. В случае ликвидации (вывода из эксплуатации) квотируемой установки субъект квотирования обязан уведомить об этом уполномоченный орган в области охраны окружающей среды в течение десяти рабочих дней со дня принятия решения о ликвидации с приложением отчета об инвентаризации выбросов парниковых газов за последний отчетный период, в котором осуществлялась эксплуатация соответствующей установки.

Уполномоченный орган в области охраны окружающей среды в течение трех рабочих дней после получения уведомления от субъекта квотирования уведомляет оператора системы торговли углеродными единицами о переносе неиспользованных единиц углеродной квоты со счета выведенной из эксплуатации установки на счет резерва Национального плана углеродных квот.

10. Нераспределенные углеродные единицы резерва, предназначенные для выдачи дополнительной углеродной квоты, погашаются по истечении девяноста рабочих дней после даты окончания срока представления отчетности по последнему отчетному году соответствующего Национального плана углеродных квот.

Статья 296. Смена оператора квотируемой установки

1. В случае смены оператора квотируемой установки все предусмотренные настоящим разделом права и обязанности предыдущего оператора переходят к новому оператору квотируемой установки.

2. Новый оператор квотируемой установки обязан в течение десяти рабочих дней подать оператору системы торговли углеродными единицами заявление о внесении соответствующих изменений в государственный реестр углеродных единиц, к которому должна быть приложена нотариально засвидетельствованная копия соответствующего правоустанавливающего документа в отношении квотируемой установки (договора купли-продажи, акта приема-передачи установки или иного документа, подтверждающего право собственности или иного законного пользования нового оператора в отношении квотируемой установки).

3. Оператор системы торговли углеродными единицами в течение пяти рабочих дней после получения заявления и документов, предусмотренных пунктом 2 настоящей статьи, вносит соответствующие изменения в государственный реестр углеродных единиц.

Статья 297. Изменение наименования и (или) организационно-правовой формы оператора квотируемой установки

1. В случае изменения своего наименования и (или) организационно-правовой формы оператор квотируемой установки обязан в течение десяти рабочих дней подать оператору системы торговли углеродными единицами заявление в электронной форме о внесении соответствующих изменений в государственный реестр углеродных единиц.

2. Оператор системы торговли углеродными единицами в течение пяти рабочих дней после получения заявления, предусмотренного пунктом 1 настоящей статьи, вносит соответствующие изменения в государственный реестр углеродных единиц.

Статья 298. Углеродный офсет

1. Под углеродным офсетом понимаются сокращение выбросов парниковых газов и (или) увеличение поглощений парниковых газов, достигнутые в результате осуществления деятельности или видов деятельности в любых секторах экономики в Республике Казахстан, направленных на сокращение выбросов парниковых газов и (или) увеличение поглощений парниковых газов.

Углеродным офсетом не может быть признано сокращение квотируемых выбросов парниковых газов квотируемой установки.

2. Физическое или юридическое лицо, осуществляющее деятельность или виды деятельности, указанные в части первой пункта 1 настоящей статьи (далее – заявитель проекта), вправе представить свой проект на рассмотрение уполномоченному органу в области охраны окружающей среды в целях получения одобрения углеродного офсета и получения офсетных единиц.

3. Под офсетной единицей понимается углеродная единица, применяемая в целях исчисления углеродного офсета.

4. Одобрение углеродного офсета и предоставление офсетных единиц осуществляются в соответствии с правилами, разработанными и утвержденными уполномоченным органом в области охраны окружающей среды.

5. Введение в обращение офсетных единиц осуществляется оператором системы торговли углеродными единицами посредством их передачи на счет заявителя проекта в государственном реестре углеродных единиц.

6. Офсетные единицы являются бессрочными по сроку действия, за исключением случаев ограничения их срока действия на момент ввода в обращение.

7. Заявитель проекта имеет право продать офсетные единицы в порядке, определенном уполномоченным органом в области охраны окружающей среды.

8. Субъект квотирования вправе уменьшить объемы погашения единиц углеродной квоты на объем полученных (приобретенных) офсетных единиц.

Статья 299. Углеродные единицы и углеродный рынок

1. Углеродная единица является учетной единицей углеродной квоты или углеродного офсета и равна одной тонне эквивалента диоксида углерода.

2. Углеродная единица (единица углеродной квоты, офсетная единица) является товаром, разрешенным для оборота между субъектами углеродного рынка в Республике Казахстан в соответствии с настоящим Кодексом.

3. Субъектами углеродного рынка являются:

1) субъекты квотирования;

2) физические и юридические лица, участвующие в реализации углеродных офсетов;

3) оператор системы торговли углеродными единицами.

4. Система торговли углеродными единицами в Республике Казахстан состоит из первичного и вторичного углеродных рынков.

На первичном углеродном рынке оператор системы торговли углеродными единицами осуществляет продажу единиц углеродной квоты из соответствующей категории резерва Национального плана углеродных квот субъектам углеродного рынка на условиях аукциона.

На вторичном углеродном рынке субъекты углеродного рынка осуществляют между собой куплю-продажу углеродных единиц посредством прямой сделки или через товарную биржу.

5. Правила торговли углеродными единицами разрабатываются и утверждаются уполномоченным органом в области охраны окружающей среды.

6. Торговля углеродными единицами на товарной бирже организуется в соответствии с законодательством Республики Казахстан о товарных биржах.

7. Товарная биржа, на которой осуществляется торговля углеродными единицами, определяется уполномоченным органом в области охраны окружающей среды в соответствии с правилами торговли углеродными единицами.

8. Продажа и покупка углеродных единиц оператором системы торговли углеродными единицами осуществляются через товарную биржу.

9. Субъект квотирования, заявитель проекта вправе реализовать единицы углеродной квоты и офсетные единицы путем прямой продажи по договору купли-продажи по цене не ниже уровня биржевой котировки единицы углеродной квоты и офсетной единицы на день совершения сделки.

При отсутствии биржевой котировки цен на единицу углеродной квоты или офсетную единицу на товарной бирже на день совершения сделки цена определяется по последней доступной котировке цен на единицу углеродной квоты или офсетную единицу.

10. Углеродные единицы, которые аннулированы, погашены, изъяты из обращения или выведены из обращения по решению уполномоченного органа в области охраны окружающей среды, не могут быть объектом торговли.

11. Правила торговли углеродными единицами, выпущенными в обращение в Республике Казахстан, на углеродном рынке иностранного государства, а также торговли углеродными единицами, выпущенными в обращение в иностранном государстве, на углеродном рынке Республики Казахстан определяются международными договорами Республики Казахстан.

Статья 300. Государственный реестр углеродных единиц

1. Государственный реестр углеродных единиц – электронная система учета операций, связанных с введением в обращение, хранением, передачей, приобретением, резервированием, блокированием, погашением, аннулированием, изъятием из обращения углеродных единиц.

2. В государственном реестре углеродных единиц открывается отдельный счет в отношении каждой квотируемой установки.

3. Разработка и ведение государственного реестра углеродных единиц организуются уполномоченным органом в области охраны окружающей среды.

4. Государственный реестр углеродных единиц формирует и ведет оператор системы торговли углеродными единицами в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

5. Основными функциями государственного реестра углеродных единиц являются обеспечение точного учета углеродных единиц, которые введены в обращение, находятся на хранении, переданы, приобретены, резервированы, блокированы, аннулированы, погашены, изъяты из обращения, а также обмен данными с другими национальными реестрами.

Статья 301. Администрирование установок

1. Администрируемой установкой признается установка, объем квотируемых выбросов парниковых газов которой составляет от десяти тысяч до двадцати тысяч тонн диоксида углерода в год в регулируемых секторах экономики.

Субъектом администрирования признается оператор администрируемой установки.

2. Субъект администрирования в срок до первого апреля текущего года обязан заполнить в государственном углеродном кадастре электронную форму отчета об инвентаризации выбросов парниковых газов администрируемой установки за предыдущий год.

3. Отчет об инвентаризации выбросов парниковых газов администрируемой установки не подлежит верификации.

4. Субъект администрирования вправе участвовать в качестве заявителя проекта, направленного на сокращение выбросов или увеличение поглощений парниковых газов, в целях получения углеродного офсета.

5. Уполномоченный орган в области охраны окружающей среды осуществляет контроль за объемом квотируемых выбросов парниковых газов администрируемых установок.

Статья 302. Государственная система инвентаризации выбросов и поглощений парниковых газов

1. Государственная система инвентаризации выбросов и поглощений парниковых газов представляет собой совокупность организационных мероприятий по сбору, обработке, хранению и анализу данных, необходимых для определения фактических объемов выбросов и поглощений парниковых газов в Республике Казахстан за соответствующий период.

2. Сбор информации для государственной инвентаризации выбросов и поглощений парниковых газов основывается на данных топливно-энергетического баланса Республики Казахстан, статистической отчетности, а также на сведениях, представленных в отчетах об инвентаризации выбросов парниковых газов, в соответствии с законодательством Республики Казахстан.

3. Организацию и координацию функционирования государственной системы инвентаризации выбросов и поглощений парниковых газов осуществляет уполномоченный орган в области охраны окружающей среды.

4. Подготовку государственной инвентаризации выбросов и поглощений парниковых газов осуществляет оператор системы торговли углеродными единицами.

5. Контроль за полнотой, прозрачностью и достоверностью государственной инвентаризации выбросов и поглощений парниковых газов проводится ежегодно в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

Статья 303. Государственный углеродный кадастр

1. Государственный углеродный кадастр представляет собой систему учета источников выбросов парниковых газов, количества выбросов, произведенных ими, а также количества сокращения выбросов или увеличения поглощений парниковых газов в пределах границ, установленных для оператора установки.

2. Уполномоченный орган в области охраны окружающей среды организует разработку и ведение государственного углеродного кадастра.

3. Ведение государственного углеродного кадастра осуществляется оператором системы торговли углеродными единицами в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

4. Государственный углеродный кадастр содержит сведения об источниках выбросов парниковых газов, операторах установок, о количестве выбросов и поглощений парниковых газов.

5. На основе данных государственного углеродного кадастра уполномоченный орган в области охраны окружающей среды обеспечивает организацию системы государственного контроля за объемами выбросов и поглощений парниковых газов, выполнение обязательств Республики Казахстан по ежегодной отчетности в соответствии с международными договорами Республики Казахстан.

Статья 304. Валидация и верификация

1. Валидация – систематический, независимый и документально оформленный процесс оценки соответствия требованиям, установленным международными стандартами и законодательством Республики Казахстан, и подтверждения плана мониторинга, а также документации в рамках разработки проектов по сокращению выбросов или увеличению поглощений парниковых газов.

2. Верификация – систематический, независимый и документально оформленный процесс оценки соответствия требованиям, установленным международными стандартами и законодательством Республики Казахстан, и подтверждения достоверности сведений, указанных в отчете об инвентаризации парниковых газов и в отчете о реализации проектов по сокращению выбросов или увеличению поглощений парниковых газов.

3. Аккредитация органов по валидации и верификации осуществляется в соответствии с законодательством Республики Казахстан об аккредитации в области оценки соответствия.

4. Орган по валидации и верификации несет ответственность за достоверность валидации и верификации.

5. Валидация и верификация осуществляются за счет средств оператора установки.

6. Орган по валидации и верификации не может валидировать или верифицировать разработанный с его участием отчет об инвентаризации выбросов парниковых газов или план мониторинга.

7. Валидация и верификация одного и того же проекта по сокращению выбросов или увеличению поглощений парниковых газов не могут проводиться одним и тем же органом по валидации и верификации.

8. Валидация и верификация осуществляются в соответствии с правилами проведения валидации и верификации, утвержденными уполномоченным органом в области охраны окружающей среды, и национальными стандартами, утвержденными уполномоченным органом в сфере стандартизации, если иное не предусмотрено международными договорами, ратифицированными Республикой Казахстан.

Глава 21. ОХРАНА ОЗОНОВОГО СЛОЯ АТМОСФЕРЫ

Статья 305. Озоновый слой и его охрана

1. Озоновый слой означает слой атмосферного озона над пограничным слоем атмосферы планеты Земля.

2. Под охраной озонового слоя понимается система мер, осуществляемых государственными органами, юридическими лицами и индивидуальными предпринимателями, по предотвращению разрушения озонового слоя и его восстановлению в целях защиты жизни и (или) здоровья людей и охраны окружающей среды от неблагоприятных последствий, вызванных разрушением озонового слоя.

Статья 306. Озоноразрушающие вещества и обращение с ними

1. Под веществами, разрушающими озоновый слой (далее – озоноразрушающие вещества), понимаются химические вещества, которые существуют самостоятельно или в смеси, используются в деятельности либо являются продуктом деятельности и могут оказать вредное воздействие на озоновый слой Земли.

2. Химические вещества, не отнесенные в соответствии с настоящим Кодексом к озоноразрушающим, признаются озонобезопасными веществами.

Статья 307. Государственное регулирование деятельности в области охраны озонового слоя

Государственное регулирование деятельности в области охраны озонового слоя осуществляется уполномоченным органом в области охраны окружающей среды и включает в себя:

1) регулирование потребления озоноразрушающих веществ;

2) регулирование обращения с озоноразрушающими веществами.

Статья 308. Регулирование потребления озоноразрушающих веществ

1. Под потреблением озоноразрушающих веществ понимается общее количество озоноразрушающих веществ, ввезенных в Республику Казахстан для постоянного размещения на ее территории, за вычетом озоноразрушающих веществ, вывезенных из Республики Казахстан для постоянного размещения за ее пределами, за определенный период.

2. Регулирование потребления озоноразрушающих веществ осуществляется уполномоченным органом в области охраны окружающей среды посредством:

1) установления лимитов (квот) потребления озоноразрушающих веществ в соответствии с международными договорами Республики Казахстан по веществам, разрушающим озоновый слой;

2) осуществления лицензирования ввоза на территорию Республики Казахстан из государств, не являющихся членами Евразийского экономического союза, и вывоза с территории Республики Казахстан в эти государства озоноразрушающих веществ и содержащей их продукции;

3) выдачи разрешений на ввоз на территорию Республики Казахстан из государств – членов Евразийского экономического союза и вывоз с территории Республики Казахстан в эти государства озоноразрушающих веществ и содержащей их продукции.

Правила выдачи разрешений на ввоз на территорию Республики Казахстан из государств – членов Евразийского экономического союза и вывоз с территории Республики Казахстан в эти государства озоноразрушающих веществ и содержащей их продукции утверждаются уполномоченным органом в области охраны окружающей среды.

Статья 309. Регулирование обращения с озоноразрушающими веществами

1. Обращение с озоноразрушающими веществами включает в себя следующие операции:

1) использование озоноразрушающих веществ в производстве, при техническом обслуживании или ремонте, включая операции дозаправки продукции и оборудования, либо в иных технологических процессах (далее – использование озоноразрушающих веществ);

2) транспортировку озоноразрушающих веществ;

3) хранение озоноразрушающих веществ;

4) рекуперацию озоноразрушающих веществ, под которой понимаются извлечение, сбор и хранение озоноразрушающих веществ, содержащихся в машинах и оборудовании, их составных частях, контейнерах, в ходе их технического обслуживания или перед выводом их из эксплуатации;

5) восстановление озоноразрушающих веществ, под которым понимается обработка рекуперированных озоноразрушающих веществ в целях восстановления потребительских свойств озоноразрушающих веществ;

6) утилизацию озоноразрушающих веществ, под которой понимается комплекс мероприятий, направленных на сбор и хранение озоноразрушающих веществ, извлекаемых из механизмов, оборудования, контейнеров и других устройств в ходе их технического обслуживания или перед списанием, в целях рециркуляции или обезвреживания озоноразрушающих веществ, не подлежащих восстановлению.

2. Рециркуляция (рециклирование) озоноразрушающих веществ – повторное использование рекуперированных озоноразрушающих веществ после их восстановления.

3. Обезвреживание озоноразрушающих веществ – устранение опасных свойств озоноразрушающих веществ посредством разрушения, приводящего их к постоянной трансформации или разложению на компоненты, не оказывающие вредного воздействия на окружающую среду, включая озоновый слой.

4. Регулирование обращения с озоноразрушающими веществами осуществляется уполномоченным органом в области охраны окружающей среды посредством выдачи разрешений на производство работ с использованием озоноразрушающих веществ, ремонт, монтаж, обслуживание оборудования, содержащего озоноразрушающие вещества, транспортировку, хранение, рекуперацию, восстановление, утилизацию озоноразрушающих веществ.

Правила выдачи разрешений на осуществление деятельности, указанной в части первой настоящего пункта, утверждаются уполномоченным органом в области охраны окружающей среды.

Статья 310. Государственный кадастр и инвентаризация озоноразрушающих веществ

1. Государственный кадастр озоноразрушающих веществ представляет собой периодически пополняемую и уточняемую систему учета потребления и обращения озоноразрушающих веществ, включающую данные о их местонахождении, компонентном составе, количественных и качественных характеристиках, условиях использования.

2. Все виды озоноразрушающих веществ подлежат учету в Государственном кадастре озоноразрушающих веществ.

3. Разработка и ведение государственного кадастра озоноразрушающих веществ организуются уполномоченным органом в области охраны окружающей среды.

4. Правила ведения государственного кадастра озоноразрушающих веществ утверждаются уполномоченным органом в области охраны окружающей среды.

5. Государственный кадастр озоноразрушающих веществ ведется в целях обеспечения государственных органов, заинтересованных физических и юридических лиц информацией для оценки, прогнозирования, разработки технологических, экономических, правовых и других решений в отношении обеспечения охраны окружающей среды, а также ведения общегосударственного комплексного учета озоноразрушающих веществ в целях выполнения международных обязательств Республики Казахстан.

6. На основе данных государственного кадастра озоноразрушающих веществ уполномоченный орган в области охраны окружающей среды осуществляет анализ и прогнозирование потребления озоноразрушающих веществ, обеспечивает организацию системы государственного контроля за озоноразрушающими веществами для выполнения обязательств Республики Казахстан по ежегодной отчетности в соответствии с международными договорами по охране озонового слоя, ратифицированными Республикой Казахстан.

7. Для ведения государственного кадастра озоноразрушающих веществ юридические лица и индивидуальные предприниматели, осуществляющие обращение с озоноразрушающими веществами и (или) имеющие на балансе оборудование, содержащее озоноразрушающие вещества, представляют в уполномоченный орган в области охраны окружающей среды отчет по обращению с озоноразрушающими веществами и отчет по инвентаризации озоноразрушающих веществ по формам, утвержденным уполномоченным органом в области охраны окружающей среды.

8. Под инвентаризацией озоноразрушающих веществ понимается определение объема озоноразрушающих веществ, содержащихся в оборудовании и технических устройствах.

Правила инвентаризации озоноразрушающих веществ утверждаются уполномоченным органом в области охраны окружающей среды.

9. Отчет по обращению с озоноразрушающими веществами представляется ежегодно по состоянию на 1 января не позднее первого квартала года, следующего за отчетным, на бумажном и (или) электронном носителях посредством заполнения электронной формы в системе государственного кадастра озоноразрушающих веществ в соответствии с правилами ведения государственного кадастра озоноразрушающих веществ и подписания электронной цифровой подписью должностного лица, ответственного за предоставление информации.

Отчет по инвентаризации озоноразрушающих веществ представляется первоначально по состоянию на 1 января не позднее первого квартала года, следующего за отчетным, на бумажном и (или) электронном носителях посредством заполнения формы в информационной системе государственного кадастра озоноразрушающих веществ в соответствии с правилами ведения государственного кадастра озоноразрушающих веществ и подписания электронной цифровой подписью должностного лица, ответственного за предоставление информации, и представляется повторно – в случае внесения изменений.

10. Сводные данные государственного кадастра озоноразрушающих веществ являются открытыми и доступными.

11. Государственный кадастр озоноразрушающих веществ размещается и актуализируется в информационной системе и на интернет-ресурсе уполномоченного органа в области охраны окружающей среды.

Статья 311. Общие требования к деятельности по обращению и потреблению озоноразрушающих веществ

1. Юридические лица и индивидуальные предприниматели при обращении с озоноразрушающими веществами обязаны:

1) сокращать потребление озоноразрушающих веществ и принимать необходимые меры к полному прекращению их потребления в соответствии с международными обязательствами Республики Казахстан об охране озонового слоя;

2) соблюдать требования настоящего Кодекса и правил по обращению с озоноразрушающими веществами;

3) по требованию уполномоченного органа в области охраны окружающей среды при проведении государственного экологического контроля предъявлять для осуществления контроля имеющиеся в наличии озоноразрушающие вещества и продукцию, содержащую озоноразрушающие вещества, а также документацию по обращению с озоноразрушающими веществами;

4) не превышать установленные лимиты потребления озоноразрушающих веществ;

5) вести инвентаризацию и учет обращения и потребления озоноразрушающих веществ в соответствии с правилами инвентаризации озоноразрушающих веществ и правилами учета обращения и потребления озоноразрушающих веществ;

6) обеспечить их безопасное использование, хранение, транспортировку, рекуперацию, восстановление, утилизацию;

7) разрабатывать и выполнять мероприятия по сбору озоноразрушающих веществ и их хранению в герметичной таре в целях утилизации, восстановления, рекуперации и (или) обезвреживания.

2. Запрещаются:

1) перемещение озоноразрушающих веществ физическими лицами для личного пользования (в некоммерческих целях);

2) обращение с озоноразрушающими веществами и продукцией, содержащей озоноразрушающие вещества, в отношении которых установлен запрет ввоза на таможенную территорию Евразийского экономического союза и (или) вывоза с таможенной территории Евразийского экономического союза, за исключением их утилизации, рециркуляции и восстановления (или) обезвреживания;

3) выброс в атмосферный воздух озоноразрушающих веществ, за исключением технологических потерь таких веществ в объемах, установленных проектной, конструкторской и иной технической документацией;

4) проектирование, реконструкция, техническое перевооружение, расширение, новое строительство объектов с использованием технологий, оборудования, веществ и материалов, предусматривающих обращение с озоноразрушающими веществами, в отношении которых установлен запрет ввоза на таможенную территорию Евразийского экономического союза и (или) вывоза с таможенной территории Евразийского экономического союза, за исключением их утилизации, рециркуляции и восстановления (или) обезвреживания.

Часть первая настоящего пункта вводится в действие в случае введения запрета ввоза на территорию Республики Казахстан и вывоза из территории Республики Казахстан озоноразрушающих веществ.

3. Правила по обращению с озоноразрушающими веществами утверждаются уполномоченным органом в области охраны окружающей среды.

Глава 22. ГОСУДАРСТВЕННОЕ УПРАВЛЕНИЕ В СФЕРЕ АДАПТАЦИИ К ИЗМЕНЕНИЮ КЛИМАТА

Статья 312. Изменение климата и адаптация к нему

1. Под изменением климата понимается статистически значимое колебание средних показателей состояния климата либо его изменчивости в течение десятилетия или более продолжительного периода, которое прямо или косвенно обусловлено деятельностью человека, вызывающей изменения в составе глобальной атмосферы, и накладывается на естественные колебания климата, наблюдаемые на протяжении сопоставимых периодов времени.

2. Адаптация к изменению климата осуществляется в соответствии с настоящим Кодексом и международными договорами Республики Казахстан в области изменения климата и означает процесс предотвращения и снижения потерь и использования выгод, связанных с наблюдаемыми и прогнозируемыми воздействиями изменения климата.

Под воздействиями изменения климата понимаются наблюдаемые и прогнозируемые положительные и отрицательные эффекты в экологических системах, обществе и экономике, вызванные изменением климата и связанными с ним экстремальными метеорологическими и иными природными явлениями.

Под уязвимостью к изменению климата понимается подверженность экологических систем, общества и экономики неблагоприятным воздействиям изменения климата.

Статья 313. Цели, приоритетные сферы государственного управления и основные принципы адаптации к изменению климата

1. Адаптация к изменению климата осуществляется в целях предотвращения и уменьшения неблагоприятных последствий и ущерба вследствие изменения климата для здоровья человека, экологических систем, общества и экономики, снижения уязвимости к изменению климата, а также использования благоприятных возможностей, связанных с изменением климата.

2. Приоритетными для адаптации к изменению климата являются следующие сферы государственного управления: сельское хозяйство, водное хозяйство, лесное хозяйство, гражданская защита.

3. Процесс адаптации к изменению климата основывается на следующих принципах:

1) обязательности учета воздействий изменения климата в среднесрочных и долгосрочных планах социально-экономического развития;

2) поэтапности реализации процесса адаптации к изменению климата, начиная с приоритетных сфер;

3) межотраслевого подхода местных исполнительных органов к адаптации к изменению климата, охватывающего все приоритетные сферы, указанные в пункте 2 настоящей статьи;

4) наличия связи между осуществляемыми мерами по адаптации к изменению климата и снижением неблагоприятных воздействий изменения климата.

Статья 314. Общие требования к процессу адаптации к изменению климата

1. Процесс адаптации к изменению климата включает следующие стадии:

1) сбор информации и оценку уязвимости к изменению климата;

2) планирование адаптации к изменению климата;

3) разработку мер по адаптации к изменению климата;

4) осуществление мер по адаптации к изменению климата;

5) мониторинг и оценку эффективности мер по адаптации к изменению климата;

6) отчетность о воздействиях изменения климата и эффективности мер по адаптации к изменению климата;

7) корректировку мер по адаптации к изменению климата на основе результатов мониторинга и оценки.

2. Процесс адаптации к изменению климата осуществляется уполномоченными центральными исполнительными органами по сферам государственного управления, определенным в качестве приоритетных для адаптации к изменению климата, и местными исполнительными органами областей, городов республиканского значения, столицы.

3. В рамках разработки и реализации соответствующих государственных программ по приоритетным для адаптации к изменению климата сферам государственного управления, указанным в пункте 2 статьи 313 настоящего Кодекса, уполномоченные центральные исполнительные органы и местные исполнительные органы областей, городов республиканского значения, столицы осуществляют стадии процесса адаптации к изменению климата, указанные в пункте 1 настоящей статьи.

4. Требования по осуществлению стадий, указанных в пункте 1 настоящей статьи, реализуются в соответствии с правилами организации и реализации процесса адаптации к изменению климата, утвержденными уполномоченным органом в области охраны окружающей среды.

5. Уполномоченный орган в области охраны окружающей среды осуществляет отчетность по результатам адаптации к изменению климата в соответствии с международными договорами по вопросам изменения климата.

Статья 315. Требования по сбору информации и оценке уязвимости к изменению климата

1. Уполномоченные центральные исполнительные органы по приоритетным для адаптации сферам государственного управления и местные исполнительные органы областей, городов республиканского значения, столицы организуют оценку уязвимости к изменению климата для планирования, разработки и осуществления мер по адаптации к изменению климата.

2. Оценка уязвимости к изменению климата осуществляется на основе сбора информации и данных о:

1) текущих и прошлых климатических тенденциях и событиях;

2) прогнозе будущих изменений климата;

3) текущих и прошлых воздействиях климата;

4) прогнозируемых воздействиях изменения климата.

3. Оценка уязвимости к изменению климата по приоритетным сферам на национальном уровне организуется уполномоченными органами в области сельского хозяйства, водного хозяйства, лесного хозяйства и в сфере гражданской защиты согласно их компетенциям.

4. Оценка уязвимости к изменению климата на местном уровне организуется местными исполнительными органами областей, городов республиканского значения и столицы по приоритетным для адаптации к изменению климата сферам государственного управления.

5. Уполномоченный орган в области охраны окружающей среды оказывает информационное и методическое содействие по оценке уязвимости к изменению климата в соответствии с правилами организации и реализации процесса адаптации к изменению климата.

Статья 316. Планирование адаптации к изменению климата

1. Планирование адаптации к изменению климата осуществляется по основным направлениям государственной политики Республики Казахстан в области адаптации к изменению климата и основывается на результатах оценки уязвимости к изменению климата.

2. На национальном уровне планирование адаптации к изменению климата осуществляется посредством учета воздействий изменения климата и рассмотрения мер по адаптации к изменению климата в соответствующих государственных программах по приоритетным для адаптации к изменению климата сферам государственного управления, указанным в пункте 2 статьи 313 настоящего Кодекса.

3. На местном уровне планирование адаптации к изменению климата осуществляется местными исполнительными органами областей, городов республиканского значения, столицы посредством учета воздействий изменения климата и рассмотрения мер по адаптации к изменению климата в рамках реализации государственной экологической политики на местном уровне.

РАЗДЕЛ 19. ОТХОДЫ

Глава 23. ОБЩИЕ ПОЛОЖЕНИЯ ОБ ОТХОДАХ

Статья 317. Понятие отходов

1. Под отходами понимаются любые вещества, материалы или предметы, образовавшиеся в процессе производства, выполнения работ, оказания услуг или в процессе потребления (в том числе товары, утратившие свои потребительские свойства), которые их владелец прямо признает отходами либо должен направить на удаление или восстановление в силу требований закона или намеревается подвергнуть либо подвергает операциям по удалению или восстановлению.

2. К отходам не относятся:

1) вещества, выбрасываемые в атмосферу в составе отходящих газов (пылегазовоздушной смеси);

2) сточные воды;

3) загрязненные земли в их естественном залегании, включая неснятый загрязненный почвенный слой;

4) объекты недвижимости, прочно связанные с землей;

5) снятые незагрязненные почвы;

6) общераспространенные твердые полезные ископаемые, которые были извлечены из мест их естественного залегания при проведении земляных работ в процессе строительной деятельности и которые в соответствии с проектным документом используются или будут использованы в своем естественном состоянии для целей строительства на территории той же строительной площадки, где они были отделены;

7) огнестрельное оружие, боеприпасы и взрывчатые вещества, подлежащие утилизации в соответствии с законодательством Республики Казахстан в сфере государственного контроля за оборотом отдельных видов оружия.

Статья 318. Владельцы отходов

1. Под владельцем отходов понимается образователь отходов или любое лицо, в чьем законном владении находятся отходы.

2. Образователем отходов признается любое лицо, в процессе осуществления деятельности которого образуются отходы (первичный образователь отходов), или любое лицо, осуществляющее обработку, смешивание или иные операции, приводящие к изменению свойств таких отходов или их состава (вторичный образователь отходов).

Статья 319. Управление отходами

1. Под управлением отходами понимаются операции, осуществляемые в отношении отходов с момента их образования до окончательного удаления.

2. К операциям по управлению отходами относятся:

1) накопление отходов на месте их образования;

2) сбор отходов;

3) транспортировка отходов;

4) восстановление отходов;

5) удаление отходов;

6) вспомогательные операции, выполняемые в процессе осуществления операций, предусмотренных подпунктами 1), 2), 4) и 5) настоящего пункта;

7) проведение наблюдений за операциями по сбору, транспортировке, восстановлению и (или) удалению отходов;

8) деятельность по обслуживанию ликвидированных (закрытых, выведенных из эксплуатации) объектов удаления отходов.

3. Лица, осуществляющие операции по управлению отходами, за исключением домовых хозяйств, обязаны при осуществлении соответствующей деятельности соблюдать национальные стандарты в области управления отходами, включенные в перечень, утвержденный уполномоченным органом в области охраны окружающей среды. Нарушение требований, предусмотренных такими национальными стандартами, влечет ответственность, установленную законами Республики Казахстан.

4. Лица, осуществляющие операции по управлению отходами, за исключением домашних хозяйств, обязаны представлять отчетность по управлению отходами в порядке, установленном уполномоченным органом в области охраны окружающей среды.

Примечание ИЗПИ!
Статью 319 предусмотрено дополнить пунктом 5 в соответствии с Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 320. Накопление отходов

1. Под накоплением отходов понимается временное складирование отходов в специально установленных местах в течение сроков, указанных в пункте 2 настоящей статьи, осуществляемое в процессе образования отходов или дальнейшего управления ими до момента их окончательного восстановления или удаления.

2. Места накопления отходов предназначены для:

1) временного складирования отходов на месте образования на срок не более шести месяцев до даты их сбора (передачи специализированным организациям) или самостоятельного вывоза на объект, где данные отходы будут подвергнуты операциям по восстановлению или удалению;

2) временного складирования неопасных отходов в процессе их сбора (в контейнерах, на перевалочных и сортировочных станциях), за исключением вышедших из эксплуатации транспортных средств и (или) самоходной сельскохозяйственной техники, на срок не более трех месяцев до даты их вывоза на объект, где данные отходы будут подвергнуты операциям по восстановлению или удалению;

3) временного складирования отходов на объекте, где данные отходы будут подвергнуты операциям по удалению или восстановлению, на срок не более шести месяцев до направления их на восстановление или удаление.

Для вышедших из эксплуатации транспортных средств и (или) самоходной сельскохозяйственной техники срок временного складирования в процессе их сбора не должен превышать шесть месяцев;

4) временного складирования отходов горнодобывающих и горноперерабатывающих производств, в том числе отходов металлургического и химико-металлургического производств, на месте их образования на срок не более двенадцати месяцев до даты их направления на восстановление или удаление.

3. Накопление отходов разрешается только в специально установленных и оборудованных в соответствии с требованиями законодательства Республики Казахстан местах (на площадках, в складах, хранилищах, контейнерах и иных объектах хранения).

4. Запрещается накопление отходов с превышением сроков, указанных в пункте 2 настоящей статьи, и (или) с превышением установленных лимитов накопления отходов (для объектов I и II категорий) или объемов накопления отходов, указанных в декларации о воздействии на окружающую среду (для объектов III категории).

Статья 321. Cбор отходов

1. Под сбором отходов понимается деятельность по организованному приему отходов от физических и юридических лиц специализированными организациями в целях дальнейшего направления таких отходов на восстановление или удаление.

Операции по сбору отходов могут включать в себя вспомогательные операции по сортировке и накоплению отходов в процессе их сбора.

Под накоплением отходов в процессе сбора понимается хранение отходов в специально оборудованных в соответствии с требованиями законодательства Республики Казахстан местах, в которых отходы, вывезенные с места их образования, выгружаются в целях их подготовки к дальнейшей транспортировке на объект, где данные отходы будут подвергнуты операциям по восстановлению или удалению.

2. Лица, осуществляющие операции по сбору отходов, обязаны обеспечить раздельный сбор отходов в соответствии с требованиями настоящего Кодекса.

Под раздельным сбором отходов понимается сбор отходов раздельно по видам или группам в целях упрощения дальнейшего специализированного управления ими.

3. Требования к раздельному сбору отходов, в том числе к видам или группам (совокупности видов) отходов, подлежащих обязательному раздельному сбору, определяются уполномоченным органом в области охраны окружающей среды в соответствии с требованиями настоящего Кодекса и с учетом технической, экономической и экологической целесообразности.

4. Раздельный сбор осуществляется по следующим фракциям:

1) "сухая" (бумага, картон, металл, пластик и стекло);

2) "мокрая" (пищевые отходы, органика и иное).

5. Запрещается смешивание отходов, подвергнутых раздельному сбору, на всех дальнейших этапах управления отходами.

Статья 322. Транспортировка отходов

1. Под транспортировкой отходов понимается деятельность, связанная с перемещением отходов с помощью специализированных транспортных средств между местами их образования, накопления в процессе сбора, сортировки, обработки, восстановления и (или) удаления.

2. Транспортировка отходов осуществляется с соблюдением требований настоящего Кодекса.

Статья 323. Восстановление отходов

1. Восстановлением отходов признается любая операция, направленная на сокращение объемов отходов, главным назначением которой является использование отходов для выполнения какой-либо полезной функции в целях замещения других материалов, которые в противном случае были бы использованы для выполнения указанной функции, включая вспомогательные операции по подготовке данных отходов для выполнения такой функции, осуществляемые на конкретном производственном объекте или в определенном секторе экономики.

К операциям по восстановлению отходов относятся:

1) подготовка отходов к повторному использованию;

2) переработка отходов;

3) утилизация отходов.

2. Подготовка отходов к повторному использованию включает в себя проверку состояния, очистку и (или) ремонт, посредством которых ставшие отходами продукция или ее компоненты подготавливаются для повторного использования без проведения какой-либо иной обработки.

3. Под переработкой отходов понимаются механические, физические, химические и (или) биологические процессы, направленные на извлечение из отходов полезных компонентов, сырья и (или) иных материалов, пригодных для использования в дальнейшем в производстве (изготовлении) продукции, материалов или веществ вне зависимости от их назначения, за исключением случаев, предусмотренных пунктом 4 настоящей статьи.

4. Под утилизацией отходов понимается процесс использования отходов в иных, помимо переработки, целях, в том числе в качестве вторичного энергетического ресурса для извлечения тепловой или электрической энергии, производства различных видов топлива, а также в качестве вторичного материального ресурса для целей строительства, заполнения (закладки, засыпки) выработанных пространств (пустот) в земле или недрах или в инженерных целях при создании или изменении ландшафтов.

Статья 324. Энергетическая утилизация отходов

1. Под энергетической утилизацией отходов понимается процесс термической обработки отходов с целью уменьшения их объема и получения энергии, в том числе использования их в качестве вторичных и (или) энергетических ресурсов, за исключением получения биогаза и иного топлива из органических отходов.

2. Энергетической утилизации не подвергаются отходы по перечню, утверждаемому уполномоченным органом в области охраны окружающей среды.

3. Эксплуатация объектов по энергетической утилизации отходов осуществляется в соответствии с экологическими требованиями к эксплуатации объектов по энергетической утилизации отходов, утверждаемыми уполномоченным органом в области охраны окружающей среды.

Экологические требования к эксплуатации объектов по энергетической утилизации отходов должны быть эквивалентны Директиве 2010/75/ЕС Европейского Парламента и Совета Европейского Союза "О промышленных выбросах (о комплексном предотвращении загрязнения и контроле над ним)".

К объектам по энергетической утилизации отходов относится совокупность технических устройств и установок, предназначенных для энергетической утилизации отходов, и взаимосвязанных с ними сооружений и инфраструктуры, технологически необходимых для энергетической утилизации отходов.

4. Возмещение затрат на строительство и эксплуатацию новых объектов по энергетической утилизации отходов осуществляется посредством покупки расчетно-финансовым центром по поддержке возобновляемых источников энергии электрической энергии, произведенной энергопроизводящими организациями, использующими энергетическую утилизацию отходов, и поставленной ими в единую электроэнергетическую систему Республики Казахстан, по аукционным ценам, определенным по итогам проведенных аукционных торгов, с учетом индексации, определяемой Правительством Республики Казахстан.

5. Уполномоченный орган в области охраны окружающей среды утверждает предельные аукционные цены на электрическую энергию, произведенную путем энергетической утилизации отходов, в соответствии с правилами определения предельных аукционных цен на электрическую энергию, произведенную путем энергетической утилизации отходов, включающими порядок индексации аукционных цен, утверждаемыми Правительством Республики Казахстан.

6. К аукционным торгам по отбору проектов по энергетической утилизации отходов допускаются энергопроизводящие организации, включенные в утвержденный уполномоченным органом в области охраны окружающей среды перечень энергопроизводящих организаций, использующих энергетическую утилизацию отходов, и применяющие новые, ранее не находившиеся в эксплуатации технические устройства и установки, технологически необходимые для эксплуатации объектов по энергетической утилизации отходов.

Правила формирования перечня энергопроизводящих организаций, использующих энергетическую утилизацию отходов, утверждаются уполномоченным органом в области охраны окружающей среды.

7. Общественные отношения, возникающие в процессе производства электрической энергии объектами по энергетической утилизации отходов, ее передачи и потребления, регулируются законодательством Республики Казахстан об электроэнергетике и в области поддержки использования возобновляемых источников энергии.

Статья 325. Удаление отходов

1. Удалением отходов признается любая, не являющаяся восстановлением операция по захоронению или уничтожению отходов, включая вспомогательные операции по подготовке отходов к захоронению или уничтожению (в том числе по их сортировке, обработке, обезвреживанию).

2. Захоронение отходов – складирование отходов в местах, специально установленных для их безопасного хранения в течение неограниченного срока, без намерения их изъятия.

3. Уничтожение отходов – способ удаления отходов путем термических, химических или биологических процессов, в результате применения которого существенно снижаются объем и (или) масса и изменяются физическое состояние и химический состав отходов, но который не имеет в качестве своей главной цели производство продукции или извлечение энергии.

Статья 326. Вспомогательные операции при управлении отходами

1. К вспомогательным операциям относятся сортировка и обработка отходов.

2. Под сортировкой отходов понимаются операции по разделению отходов по их видам и (или) фракциям либо разбору отходов по их компонентам, осуществляемые отдельно или при накоплении отходов до их сбора, в процессе сбора и (или) на объектах, где отходы подвергаются операциям по восстановлению или удалению.

3. Под обработкой отходов понимаются операции, в процессе которых отходы подвергаются физическим, термическим, химическим или биологическим воздействиям, изменяющим характеристики отходов, в целях облегчения дальнейшего управления ими и которые осуществляются отдельно или при накоплении отходов до их сбора, в процессе сбора и (или) на объектах, где отходы подвергаются операциям по восстановлению или удалению.

Под обезвреживанием отходов понимается механическая, физико-химическая или биологическая обработка отходов для уменьшения или устранения их опасных свойств.

Статья 327. Основополагающее экологическое требование к операциям по управлению отходами

Лица, осуществляющие операции по управлению отходами, обязаны выполнять соответствующие операции таким образом, чтобы не создавать угрозу причинения вреда жизни и (или) здоровью людей, экологического ущерба, и, в частности, без:

1) риска для вод, в том числе подземных, атмосферного воздуха, почв, животного и растительного мира;

2) отрицательного влияния на ландшафты и особо охраняемые природные территории.

Статья 328. Принципы государственной экологической политики в области управления отходами

В дополнение к общим принципам, изложенным в статье 5 настоящего Кодекса, государственная экологическая политика в области управления отходами основывается на следующих специальных принципах:

1) иерархии;

2) близости к источнику;

3) ответственности образователя отходов;

4) расширенных обязательств производителей (импортеров).

Статья 329. Принцип иерархии

1. Образователи и владельцы отходов должны применять следующую иерархию мер по предотвращению образования отходов и управлению образовавшимися отходами в порядке убывания их предпочтительности в интересах охраны окружающей среды и обеспечения устойчивого развития Республики Казахстан:

1) предотвращение образования отходов;

2) подготовка отходов к повторному использованию;

3) переработка отходов;

4) утилизация отходов;

5) удаление отходов.

При осуществлении операций, предусмотренных подпунктами 2) – 5) части первой настоящего пункта, владельцы отходов вправе при необходимости выполнять вспомогательные операции по сортировке, обработке и накоплению.

2. Под предотвращением образования отходов понимаются меры, предпринимаемые до того, как вещество, материал или продукция становятся отходами, и направленные на:

1) сокращение количества образуемых отходов (в том числе путем повторного использования продукции или увеличения срока ее службы);

2) снижение уровня негативного воздействия образовавшихся отходов на окружающую среду и здоровье людей;

3) уменьшение содержания вредных веществ в материалах или продукции.

Под повторным использованием в подпункте 1) части первой настоящего пункта понимается любая операция, при которой еще не ставшие отходами продукция или ее компоненты используются повторно по тому же назначению, для которого такая продукция или ее компоненты были созданы.

3. При невозможности осуществления мер, предусмотренных пунктом 2 настоящей статьи, отходы подлежат восстановлению.

4. Отходы, которые не могут быть подвергнуты восстановлению, подлежат удалению безопасными методами, которые должны соответствовать требованиям статьи 327 настоящего Кодекса.

5. При применении принципа иерархии должны быть приняты во внимание принцип предосторожности и принцип устойчивого развития, технические возможности и экономическая целесообразность, а также общий уровень воздействия на окружающую среду, здоровье людей и социально-экономическое развитие страны.

Статья 330. Принцип близости к источнику

Образовавшиеся отходы должны подлежать восстановлению или удалению как можно ближе к источнику их образования, если это обосновано с технической, экономической и экологической точки зрения.

Статья 331. Принцип ответственности образователя отходов

Субъекты предпринимательства, являющиеся образователями отходов, несут ответственность за обеспечение надлежащего управления такими отходами с момента их образования до момента передачи в соответствии с пунктом 3 статьи 339 настоящего Кодекса во владение лица, осуществляющего операции по восстановлению или удалению отходов на основании лицензии.

Статья 332. Принцип расширенных обязательств производителей (импортеров)

Физические и юридические лица, которые осуществляют на территории Республики Казахстан производство отдельных видов товаров по перечню, утверждаемому в соответствии с пунктом 1 статьи 386 настоящего Кодекса, или ввоз таких товаров на территорию Республики Казахстан, несут расширенные обязательства в соответствии с настоящим Кодексом, в том числе в целях снижения негативного воздействия таких товаров на жизнь и (или) здоровье людей и окружающую среду.

Статья 333. Прекращение статуса отходов

1. Отдельные виды отходов утрачивают статус отходов и переходят в категорию готовой продукции или вторичного ресурса (материального или энергетического) после того, как в их отношении проведены операции по восстановлению и образовавшиеся в результате таких операций вещества или материалы отвечают установленным в соответствии с настоящим Кодексом критериям.

Примечание ИЗПИ!
В пункт 2 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. Виды отходов, которые могут утратить статус отходов в соответствии с пунктом 1 настоящей статьи, включают отходы пластмасс, пластика, полиэтилена, полиэтилентерефталатной упаковки, макулатуру (отходы бумаги и картона), использованную стеклянную тару и стеклобой, лом цветных и черных металлов, использованные шины и текстильную продукцию, а также иные виды отходов по перечню, утвержденному уполномоченным органом в области охраны окружающей среды.

3. Критерии, упомянутые в пункте 1 настоящей статьи, разрабатываются и утверждаются уполномоченным органом в области охраны окружающей среды в соответствии со следующими условиями:

1) вещество или материалы могут быть использованы в производстве для определенных целей;

2) существует рынок или спрос для реализации вещества или материалов в Республике Казахстан или за ее пределами;

3) вещество или материалы соответствуют экологическим и санитарно-эпидемиологическим требованиям, предъявляемым к соответствующей продукции или ее использованию в определенных целях;

4) использование вещества или материалов не приведет к вредному воздействию на окружающую среду или здоровье людей.

В качестве критерия прекращения статуса отходов законодательством Республики Казахстан могут быть определены предельные концентрации загрязняющих веществ в образованных в результате восстановления отходов веществах или материалах.

Статья 334. Нормирование в области управления отходами

1. Лимиты накопления отходов и лимиты на их захоронение устанавливаются для объектов I и II категорий на основании соответствующего экологического разрешения.

2. Накопление и (или) захоронение отходов на объектах III и IV категорий не подлежат экологическому нормированию.

3. Разработка и утверждение лимитов накопления отходов и лимитов захоронения отходов, представление и контроль отчетности об управлении отходами осуществляются в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

Статья 335. Программа управления отходами

1. Операторы объектов I и (или) II категорий, а также лица, осуществляющие операции по сортировке, обработке, в том числе по обезвреживанию, восстановлению и (или) удалению отходов, обязаны разрабатывать программу управления отходами в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

2. Программа управления отходами является неотъемлемой частью экологического разрешения.

3. Программа управления отходами разрабатывается в соответствии с принципом иерархии и должна содержать сведения об объеме и составе образуемых и (или) получаемых от третьих лиц отходов, способах их накопления, сбора, транспортировки, обезвреживания, восстановления и удаления, а также описание предлагаемых мер по сокращению образования отходов, увеличению доли их повторного использования, переработки и утилизации.

4. Программа управления отходами для объектов I категории разрабатывается с учетом необходимости использования наилучших доступных техник в соответствии с заключениями по наилучшим доступным техникам, разрабатываемыми и утверждаемыми в соответствии с настоящим Кодексом.

Статья 336. Лицензирование деятельности в сфере восстановления и удаления опасных отходов

1. Субъекты предпринимательства для выполнения работ (оказания услуг) по переработке, обезвреживанию, утилизации и (или) уничтожению опасных отходов обязаны получить лицензию на выполнение работ и оказание услуг в области охраны окружающей среды по соответствующему подвиду деятельности согласно требованиям Закона Республики Казахстан "О разрешениях и уведомлениях".

2. В лицензии для целей осуществления видов деятельности, предусмотренных пунктом 1 настоящей статьи, указываются:

1) тип и количество опасных отходов, в отношении которых лицо может осуществлять соответствующие операции;

2) виды операций с опасными отходами;

3) технические и иные требования к площадке для каждого вида операций;

4) метод, подлежащий применению для каждого вида операций.

3. Лицензия не требуется для осуществления операций по сбору отходов.

4. Требование пункта 1 настоящей статьи не распространяется на субъектов предпринимательства, являющихся образователями опасных отходов, в части восстановления, обезвреживания и удаления собственных опасных отходов.

5. Требования настоящей статьи не распространяются на деятельность по обращению с радиоактивными отходами, подлежащую лицензированию в соответствии с законодательством Республики Казахстан в области использования атомной энергии.

Статья 337. Уведомительный режим субъектов предпринимательства в сфере управления отходами

1. Субъекты предпринимательства, планирующие или осуществляющие предпринимательскую деятельность по сбору, сортировке и (или) транспортировке отходов, восстановлению и (или) уничтожению неопасных отходов, обязаны подать уведомление о начале или прекращении деятельности в уполномоченный орган в области охраны окружающей среды в порядке, установленном Законом Республики Казахстан "О разрешениях и уведомлениях".

2. Уполномоченный орган в области охраны окружающей среды осуществляет прием уведомлений от субъектов, указанных в пункте 1 настоящей статьи, формирует и ведет государственный электронный реестр разрешений и уведомлений (далее – реестр субъектов предпринимательства в сфере управления отходами) в соответствии с Законом Республики Казахстан "О разрешениях и уведомлениях".

Порядок ведения реестра субъектов предпринимательства в сфере управления отходами устанавливается правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

3. Осуществление предпринимательской деятельности по сбору, сортировке и (или) транспортировке отходов, восстановлению и (или) уничтожению неопасных отходов без уведомления в соответствии с пунктом 1 настоящей статьи запрещается.

4. Субъекты в сфере управления отходами, указанные в пункте 1 настоящей статьи, исключаются из реестра субъектов предпринимательства в сфере управления отходами на основании решения уполномоченного органа в области охраны окружающей среды в случаях:

1) ликвидации субъекта предпринимательства;

2) вступления в законную силу решения суда;

3) подачи заявления субъектом предпринимательства о добровольном прекращении своей деятельности.

При этом субъект предпринимательства до подачи заявления должен исполнить все свои обязательства.

5. Субъекты в сфере управления отходами, указанные в пункте 1 настоящей статьи, исключаются из реестра субъектов предпринимательства в сфере управления отходами на основании решения суда в случаях:

1) осуществления деятельности с систематическим (более трех раз в течение двенадцати последовательных календарных месяцев) нарушением требований экологического законодательства Республики Казахстан;

2) неосуществления деятельности в течение двенадцати последовательных календарных месяцев со дня включения в реестр субъектов предпринимательства в сфере управления отходами.

Примечание ИЗПИ!
В пункт 6 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

6. Требование пункта 1 настоящей статьи не распространяется на субъектов предпринимательства, являющихся образователями отходов, в части накопления и сортировки собственных отходов на месте их образования до их сбора.

Статья 338. Виды отходов и их классификация

1. Под видом отходов понимается совокупность отходов, имеющих общие признаки в соответствии с их происхождением, свойствами и технологией управления ими.

Виды отходов определяются на основании классификатора отходов, утвержденного уполномоченным органом в области охраны окружающей среды (далее – классификатор отходов).

2. Классификатор отходов разрабатывается с учетом происхождения и состава каждого вида отходов и в необходимых случаях определяет лимитирующие показатели концентрации опасных веществ в целях их отнесения к опасным или неопасным.

3. Каждый вид отходов в классификаторе отходов идентифицируется путем присвоения шестизначного кода.

4. Виды отходов относятся к опасным или неопасным в соответствии с классификатором отходов с учетом требований настоящего Кодекса.

Отдельные виды отходов в классификаторе отходов могут быть определены одновременно как опасные и неопасные с присвоением различных кодов ("зеркальные" виды отходов) в зависимости от уровней концентрации содержащихся в них опасных веществ или степени влияния опасных характеристик вида отходов на жизнь и (или) здоровье людей и окружающую среду.

5. Отнесение отходов к опасным или неопасным и к определенному коду классификатора отходов в соответствии с настоящей статьей производится владельцем отходов самостоятельно.

6. Включение вещества или материала в классификатор отходов не является определяющим фактором при отнесении такого вещества или материала к категории отходов. Вещество или материал, включенные в классификатор отходов, признаются отходами, если они соответствуют определению отходов согласно требованиям статьи 317 настоящего Кодекса.

Статья 339. Право собственности на отходы и ответственность за управление ими

1. Отходы являются объектом вещных прав. Общественные отношения, связанные с возникновением, изменением и прекращением вещных прав на отходы, регулируются гражданским законодательством Республики Казахстан с учетом особенностей, предусмотренных настоящим Кодексом.

2. Образователи отходов являются собственниками произведенных ими отходов.

3. В соответствии с принципом "загрязнитель платит" образователь отходов, нынешний и прежний собственники отходов несут ответственность за обеспечение соблюдения экологических требований по управлению отходами до момента передачи таких отходов во владение лицу, осуществляющему операции по восстановлению или удалению отходов на основании лицензии в соответствии со статьей 336 настоящего Кодекса, за исключением случаев, предусмотренных настоящим Кодексом.

Образователи коммунальных отходов несут ответственность за соблюдение экологических требований по управлению отходами с момента образования отходов до момента их передачи лицам, осуществляющим операции по сбору, восстановлению или удалению отходов.

Лица, осуществляющие операции по сбору отходов, несут ответственность за обеспечение соблюдения экологических требований по управлению отходами с момента получения ими отходов во владение до момента передачи таких отходов лицу, осуществляющему операции по восстановлению или удалению отходов на основании лицензии в соответствии со статьей 336 настоящего Кодекса, за исключением случаев, предусмотренных настоящим Кодексом.

4. Владельцы отходов обязаны осуществлять безопасное управление отходами самостоятельно или обеспечить безопасное управление ими посредством передачи отходов субъектам предпринимательства, осуществляющим операции по управлению отходами в соответствии с принципом иерархии и требованиями статьи 327 настоящего Кодекса.

5. Государство является собственником отходов, которые образуются на объектах государственной собственности или по решению суда признаны поступившими в государственную собственность, а также в других случаях, предусмотренных законодательными актами Республики Казахстан.

6. Если отходы оставлены их собственником на земельном участке, находящемся в собственности или землепользовании другого лица, с целью отказаться от права собственности на них, лицо, в собственности или землепользовании которого находится такой земельный участок, вправе обратить такие отходы в свою собственность, приступив к их использованию или совершив иные действия, свидетельствующие о получении отходов в собственность, а также требовать в судебном порядке возмещения убытков, которые он понес в связи с оставлением отходов их прежним собственником на земельном участке, независимо от дальнейшего использования указанных отходов.

7. Передача отходов субъектам предпринимательства, осуществляющим операции по сбору, восстановлению или удалению отходов, означает одновременно переход к таким субъектам права собственности на отходы, в том числе в момент помещения отходов в контейнеры, размещенные на территории контейнерных площадок, или в установленные места сбора отходов, если сторонами не заключено соглашение на иных условиях.

8. При изменении собственника земельного участка или землепользователя, на земельных участках которого расположены отходы, вопрос о праве собственности на отходы решается в соответствии с законодательством Республики Казахстан.

9. При приватизации объектов государственной собственности право собственности на отходы, а также обязанность по безопасному управлению ими, рекультивации и восстановлению земель переходят к новому собственнику, если иное не предусмотрено условиями приватизации этих объектов в соответствии с Законом Республики Казахстан "О государственном имуществе".

Статья 340. Управление бесхозяйными отходами

1. Отходы, не имеющие собственника или собственник которых не может быть установлен, решением суда признаются бесхозяйными и поступают в собственность лица по заявлению этого лица.

2. Собственники земельных участков или землепользователи при выявлении бесхозяйных отходов на своих земельных участках имеют право обратить эти отходы в свою собственность, приступив к их использованию либо совершив иные действия, свидетельствующие об обращении отходов в свою собственность.

3. Местный исполнительный орган области (города республиканского значения, столицы) несет ответственность за выявление на его территории бесхозяйных отходов и в течение шести месяцев с момента получения сообщения о наличии таких отходов обязан уведомить уполномоченный орган в области охраны окружающей среды и обратиться в суд с требованием о признании таких отходов поступившими в республиканскую или коммунальную собственность.

Уполномоченный орган в области охраны окружающей среды в случаях обнаружения бесхозяйных отходов также обязан обратиться в суд с требованием о признании этих отходов поступившими в республиканскую или коммунальную собственность.

4. Бесхозяйные опасные отходы поступают в республиканскую или коммунальную собственность по решению суда.

5. Порядок управления бесхозяйными опасными отходами утверждается уполномоченным органом в области охраны окружающей среды. Управление такими отходами осуществляется подведомственной организацией уполномоченного органа в области охраны окружающей среды либо местными исполнительными органами.

6. Местный исполнительный орган осуществляет управление бесхозяйными отходами, признанными решением суда поступившими в государственную собственность, в соответствии с правилами управления бесхозяйными отходами, утвержденными уполномоченным органом в области охраны окружающей среды.

Статья 341. Стимулирование уменьшения объемов образования отходов и увеличения доли восстановления образуемых отходов

Местные исполнительные органы определяют и осуществляют мероприятия по стимулированию уменьшения объемов образования отходов, увеличения доли восстановления образуемых отходов, снижения уровня их опасности, хозяйственной деятельности субъектов предпринимательства, которые внедряют технологии, направленные на уменьшение объемов образования отходов, планируют восстановление отходов, образуемых в процессе производства продукции (выполнения работ, оказания услуг), осуществляют сбор и заготовку таких отходов, строительство соответствующих предприятий и цехов, а также организуют производство оборудования для восстановления отходов, принимают паевое участие в финансировании мероприятий по уменьшению объемов образования отходов и увеличению доли восстановления образуемых отходов.

Глава 24. ОПАСНЫЕ ОТХОДЫ

Статья 342. Общие положения об опасных отходах

1. Опасными признаются отходы, обладающие одним или несколькими из следующих свойств:

HP1 взрывоопасность;

HP2 окислительные свойства;

HP3 огнеопасность;

HP4 раздражающее действие;

НР5 специфическая системная токсичность (аспирационная токсичность на орган-мишень);

HP6 острая токсичность;

HP7 канцерогенность;

HP8 разъедающее действие;

НР9 инфекционные свойства;

НР10 токсичность для деторождения;

НР11 мутагенность;

НР12 образование токсичных газов при контакте с водой, воздухом или кислотой;

НР13 сенсибилизация;

НР14 экотоксичность;

НР15 способность проявлять опасные свойства, перечисленные выше, которые выделяются от первоначальных отходов косвенным образом;

C16 стойкие органические загрязнители (СОЗ).

Отходы, не обладающие ни одним из перечисленных в части первой настоящего пункта свойств и не представляющие непосредственной или потенциальной опасности для окружающей среды, жизни и (или) здоровья людей самостоятельно или в контакте с другими веществами, признаются неопасными отходами.

2. Не допускается смешивание или разбавление отходов в целях снижения уровня первоначальной концентрации опасных веществ до уровня ниже порогового значения, определенного для целей отнесения отхода к категории опасных.

3. Образование и накопление опасных отходов должны быть сведены к минимуму.

Статья 343. Паспорт опасных отходов

1. Паспорт опасных отходов составляется и утверждается физическими и юридическими лицами, в процессе деятельности которых образуются опасные отходы.

2. Паспорт опасных отходов должен включать следующие обязательные разделы:

1) наименование опасных отходов и их код в соответствии классификатором отходов;

2) реквизиты образователя отходов: индивидуальный идентификационный номер для физического лица и бизнес-идентификационный номер для юридического лица, его место нахождения;

3) место нахождения объекта, на котором образуются опасные отходы;

4) происхождение отходов: наименование технологического процесса, в результате которого образовались отходы, или процесса, в результате которого товар (продукция) утратил (утратила) свои потребительские свойства, с наименованием исходного товара (продукции);

5) перечень опасных свойств отходов;

6) химический состав отходов и описание опасных свойств их компонентов;

7) рекомендуемые способы управления отходами;

8) необходимые меры предосторожности при управлении отходами;

9) требования к транспортировке отходов и проведению погрузочно-разгрузочных работ;

10) меры по предупреждению и ликвидации чрезвычайных ситуаций природного и техногенного характера и их последствий, связанных с опасными отходами, в том числе во время транспортировки и проведения погрузочно-разгрузочных работ;

11) дополнительную информацию (иную информацию, которую сообщает образователь отходов).

3. Форма паспорта опасных отходов утверждается уполномоченным органом в области охраны окружающей среды, заполняется отдельно на каждый вид опасных отходов и представляется в порядке, определяемом статьей 384 настоящего Кодекса, в течение трех месяцев с момента образования отходов.

4. Паспорт опасных отходов является бессрочным документом.

5. В случае изменения опасных свойств отходов, вызванного изменением технологического регламента процесса, при котором возникло такое изменение свойств отходов, или поступления более подробной и конкретной дополнительной информации паспорт опасных отходов подлежит пересмотру.

6. Обновленный паспорт опасных отходов в течение трех месяцев направляется в уполномоченный орган в области охраны окружающей среды.

7. Образователь отходов обязан представлять копии паспортов опасных отходов физическому или юридическому лицу, транспортирующему партию таких отходов или ее часть, а также каждому грузополучателю такой партии (части партии) опасных отходов.

8. При переработке полученной партии опасных отходов, включая их смешивание с другими материалами, образователь таких отходов обязан оформить новый паспорт опасных отходов и направить его в уполномоченный орган в области охраны окружающей среды.

9. Химический и компонентный составы опасного отхода подтверждаются протоколами испытаний образцов данного отхода, выполненных аккредитованной лабораторией. Для опасных отходов, представленных товарами (продукцией), утратившими (утратившей) свои потребительские свойства, указываются сведения о компонентном составе исходного товара (продукции) согласно техническим условиям.

Статья 344. Экологические требования при управлении опасными отходами

1. Смешивание опасных отходов могут осуществлять только субъекты предпринимательства, имеющие соответствующее экологическое разрешение, при соблюдении требований статьи 327 настоящего Кодекса.

Смешивание осуществляется в целях минимизации негативного воздействия на жизнь и (или) здоровье людей и окружающую среду при восстановлении или удалении опасных отходов в соответствии с технологическим регламентом и (или) наилучшими доступными техниками.

2. Захоронение опасных отходов разрешается в специально оборудованных местах при наличии экологического разрешения, а в случае захоронения опасных отходов в недрах, в том числе в необводненных подземных горных выработках шахт, рудников и транспортных уклонов, –также согласования с уполномоченным органом в области недропользования.

Осуществление других видов деятельности, не связанных с управлением опасными отходами, на территории, отведенной для их накопления или захоронения, запрещается.

3. Место захоронения опасных отходов должно быть обозначено на местности хорошо видимыми опознавательными знаками с указанием вида отхода, степени его опасности и даты захоронения.

4. Субъект предпринимательства, осуществляющий предпринимательскую деятельность по сбору, транспортировке, восстановлению и (или) удалению опасных отходов, обязан разработать план действий при чрезвычайных и аварийных ситуациях, которые могут возникнуть при управлении опасными отходами.

Статья 345. Экологические требования при транспортировке опасных отходов

1. Транспортировка опасных отходов должна быть сведена к минимуму.

2. Транспортировка опасных отходов допускается при следующих условиях:

1) наличие соответствующих упаковки и маркировки опасных отходов для целей транспортировки;

2) наличие специально оборудованных и снабженных специальными знаками транспортных средств;

3) наличие паспорта опасных отходов и документации для транспортировки и передачи опасных отходов с указанием количества транспортируемых опасных отходов, цели и места назначения их транспортировки;

4) соблюдение требований безопасности при транспортировке опасных отходов, а также к выполнению погрузочно-разгрузочным работ.

3. Порядок упаковки и маркировки опасных отходов для целей транспортировки устанавливается законодательством Республики Казахстан о транспорте.

4. Порядок транспортировки опасных отходов на транспортных средствах, требования к выполнению погрузочно-разгрузочных работ и другие требования по обеспечению экологической и санитарно-эпидемиологической безопасности определяются нормами и правилами, утверждаемыми уполномоченным государственным органом в области транспорта и коммуникаций и согласованными с уполномоченным органом в области охраны окружающей среды и государственным органом в области санитарно-эпидемиологического благополучия населения.

5. С момента погрузки опасных отходов на транспортное средство, приемки их физическим или юридическим лицом, осуществляющим транспортировку опасных отходов, и до выгрузки их в установленном месте из транспортного средства ответственность за безопасное обращение с такими отходами несет транспортная организация или лицо, которым принадлежит такое транспортное средство.

Статья 346. Трансграничная перевозка опасных отходов

1. Для целей настоящей статьи опасными отходами считаются группы отходов, признаваемых опасными в соответствии с Базельской конвенцией о контроле за трансграничной перевозкой опасных отходов и их удалением (далее – Базельская конвенция) и (или) иными международными договорами, ратифицированными Республикой Казахстан.

2. Ввоз на территорию Республики Казахстан, вывоз с территории Республики Казахстан и транзит опасных и других отходов по территории Республики Казахстан осуществляются с соблюдением требований Базельской конвенции, иных международных договоров, ратифицированных Республикой Казахстан, и законов Республики Казахстан в порядке, определенном Правительством Республики Казахстан.

3. Трансграничная перевозка опасных отходов по территории Республики Казахстан осуществляется на основании заключения уполномоченного органа в области охраны окружающей среды. Заключение выносится в порядке и по форме, которые утверждены уполномоченным органом в области охраны окружающей среды.

4. Запрещается экспорт с территории Республики Казахстан опасных отходов в государства – участники Базельской конвенции и развивающиеся страны, которые в рамках национального законодательства запретили импорт опасных отходов, а также если есть основания полагать, что использование таких отходов не будет осуществляться экологически обоснованным образом. Кроме того, запрещен экспорт опасных отходов для их удаления в страны, расположенные южнее 60 градусов южной широты.

5. При трансграничной перевозке опасных отходов владельцы таких отходов обязаны предоставить заинтересованным государствам информацию относительно намечаемой трансграничной перевозки опасных отходов, указывающую на возможные последствия такой перевозки для окружающей среды, жизни и (или) здоровья человека.

6. При трансграничной перевозке опасные отходы должны упаковываться, маркироваться и транспортироваться в соответствии с общепринятыми международными правилами и нормами в области упаковки, маркировки и транспортировки.

7. Ввоз на территорию Республики Казахстан из государств, не являющихся членами Евразийского экономического союза, и вывоз с территории Республики Казахстан в эти государства опасных отходов в целях их дальнейшего восстановления осуществляются на основании лицензии, выдаваемой государственным органом, определяемым Правительством Республики Казахстан.

8. Ввоз на территорию Республики Казахстан и вывоз с территории Республики Казахстан опасных отходов физическими лицами для личного пользования (в некоммерческих целях) запрещаются.

9. Ввоз на территорию Республики Казахстан опасных отходов с целью их захоронения и обезвреживания запрещается.

10. Ввоз на территорию Республики Казахстан одноразовой продукции может быть ограничен или полностью запрещен по решению уполномоченного органа в области охраны окружающей среды, если это приводит к образованию отходов, управление которыми сопряжено с высоким экологическим риском или экономически нецелесообразно.

11. Запрещается ввоз на территорию Республики Казахстан продукции, в результате использования которой образуются опасные отходы, для обезвреживания и восстановления которых в Республике Казахстан действующие объекты не имеют достаточной мощности для осуществления таких операций.

12. Запрещаются производство и ввоз на территорию Республики Казахстан продукции, в результате использования которой образуются отходы, содержащие стойкие органические загрязняющие вещества, установленные международными договорами Республики Казахстан о стойких органических загрязняющих веществах.

Статья 347. Учет опасных отходов

1. Лица, осуществляющие операции по восстановлению или удалению опасных отходов, образователи опасных отходов, субъекты предпринимательства, осуществляющие деятельность по сбору, транспортировке и (или) обезвреживанию опасных отходов, обязаны осуществлять хронологический учет количества, вида, происхождения отходов, пунктов назначения, частоты сбора, метода транспортировки и метода обращения, предусмотренных в отношении опасных отходов, и предоставлять эту информацию в уполномоченный орган в области охраны окружающей среды в соответствии с пунктом 3 настоящей статьи.

2. Учетные записи по опасным отходам должны храниться не менее пяти лет, за исключением таких записей у субъектов предпринимательства, осуществляющих деятельность по транспортировке опасных отходов, которые должны храниться не менее двенадцати месяцев.

3. Лица, указанные в пункте 1 настоящей статьи, обязаны представлять отчет по инвентаризации опасных отходов ежегодно по состоянию на 1 января до 1 марта года, следующего за отчетным, в электронной форме.

4. Документальное подтверждение завершения операции по управлению опасными отходами должно быть представлено лицами, указанными в пункте 1 настоящей статьи, по запросу уполномоченного органа в области охраны окружающей среды или прежнего владельца отходов.

5. Первичные статистические данные в сфере управления отходами формируются подведомственной организацией уполномоченного органа в области охраны окружающей среды согласно сведениям государственного кадастра отходов на основании отчетности, представляемой лицами, осуществляющими управление отходами, в порядке, определяемом статьей 384 настоящего Кодекса, и направляются в уполномоченный орган по статистике в соответствии с законодательством Республики Казахстан в области государственной статистики.

Глава 25. ПОЛИГОНЫ ЗАХОРОНЕНИЯ ОТХОДОВ

Статья 348. Общие положения о полигонах захоронения отходов

Под полигоном захоронения отходов (далее – полигон) понимается специально оборудованное место постоянного размещения отходов без намерения их изъятия, соответствующее экологическим, строительным и санитарно-эпидемиологическим требованиям.

Статья 349. Классы полигонов

1. Каждый полигон должен быть отнесен к одному из следующих классов:

1 класс – полигон опасных отходов;

2 класс – полигон неопасных отходов;

3 класс – полигон твердых бытовых отходов.

2. Перечни видов отходов для захоронения на полигонах различных классов определяются уполномоченным органом в области охраны окружающей среды.

3. Запрещается захоронение опасных отходов на полигонах неопасных отходов.

Статья 350. Экологические требования к полигонам

1. Запрещается захоронение отходов в пределах селитебных территорий, на территориях лесопарковых, курортных, лечебно-оздоровительных, рекреационных и водоохранных зон, на водосборных площадях подземных водных объектов, которые используются в целях питьевого и хозяйственно-питьевого водоснабжения, а также на территориях, отнесенных к объектам историко-культурного наследия.

2. Запрещается захоронение отходов в местах залегания полезных ископаемых и ведения горных работ в случаях, если возникает угроза загрязнения мест залегания полезных ископаемых и безопасности ведения горных работ.

3. Захоронению без предварительной обработки могут подвергаться только неопасные отходы.

4. Опасные отходы до их захоронения должны подвергаться обезвреживанию, стабилизации и другим способам воздействия, снижающим или исключающим опасные свойства таких отходов.

5. Запрещается захоронение твердых бытовых отходов без их предварительной сортировки.

6. Критерии приема отходов для их захоронения на полигоне определенного класса включают следующие требования:

1) защиту окружающей среды (в особенности подземных и поверхностных вод) и здоровья людей;

2) обеспечение способов стабилизации отходов в пределах полигона;

3) обеспечение качественного состава принимаемых отходов;

4) ограничение по количеству принимаемых отходов и наличие способности их органических компонентов к биодеградации;

5) ограничение по количеству потенциально опасных компонентов в соответствии с критерием защиты;

6) снижение экотоксичных свойств отходов и образующегося фильтрата.

7. Запрещается складирование отходов вне специально установленных мест, предназначенных для их накопления или захоронения.

8. Каждый полигон должен быть оборудован системой мониторинга фильтрата и сточных вод, образующихся в депонированных отходах, для предупреждения их негативного воздействия на окружающую среду.

Полигоны твердых бытовых отходов должны быть также оборудованы системой мониторинга выбросов (свалочного газа).

9. Полигоны твердых бытовых отходов должны быть оборудованы системами для сбора и отведения фильтрата и свалочного газа. Требования к проектированию, строительству и эксплуатации систем для сбора и отведения фильтрата и свалочного газа устанавливаются государственными нормативами в области архитектуры, градостроительства и строительства, национальными стандартами, включенными в перечень, утвержденный уполномоченным органом в области охраны окружающей среды.

10. Вновь строящиеся полигоны твердых бытовых отходов должны быть снабжены противофильтрационным экраном. Требования к проектированию и строительству противофильтрационных экранов устанавливаются государственными нормативами в области архитектуры, градостроительства и строительства и обязательны для исполнения юридическими лицами и индивидуальными предпринимателями независимо от организационно-правовой формы.

11. Количество и опасные свойства отходов, предназначенных для захоронения на полигоне, должны быть уменьшены до их поступления на полигоны.

12. Оператор полигона должен принять меры по уменьшению выбросов метана на полигоне путем сокращения объемов захоронения биоразлагаемых отходов и установки систем сбора и утилизации свалочного газа.

Под биоразлагаемыми отходами понимаются отходы, которые способны подвергаться анаэробному или аэробному разложению, в том числе садовые и парковые отходы, а также пищевые отходы, сопоставимые с отходами пищевой промышленности, макулатура.

13. Оператор полигона должен разработать унифицированную процедуру приема отходов на основе их классификации.

14. Организация работ на полигоне определяется технологической схемой эксплуатации полигона, разрабатываемой в составе проекта строительства полигона, и должна обеспечивать охрану окружающей среды, максимальную производительность средств механизации и технику безопасности.

15. Основным документом планирования работ является график эксплуатации полигона, согласованный с уполномоченным органом в области охраны окружающей среды.

16. Проектом полигона отходов должно быть предусмотрено создание ликвидационного фонда для его закрытия, рекультивации земель, ведения мониторинга воздействия на окружающую среду и контроля загрязнения после закрытия полигона.

Ликвидационный фонд формируется оператором полигона в порядке, установленном правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

Запрещается эксплуатация полигона отходов без наличия ликвидационного фонда.

17. Контроль за соблюдением требований к размещению отходов на полигонах и содержанию полигонов осуществляется уполномоченным органом в области охраны окружающей среды.

Статья 351. Отходы, не приемлемые для полигонов

1. Запрещается принимать для захоронения на полигонах следующие отходы:

1) любые отходы в жидкой форме (жидкие отходы);

2) опасные отходы, которые в условиях полигона являются взрывчатыми, коррозийными, окисляемыми, высокоогнеопасными или огнеопасными;

3) отходы, вступающие в реакцию с водой;

4) медицинские отходы;

5) биологические отходы, определенные в соответствии с законодательством Республики Казахстан в области ветеринарии;

6) целые использованные шины и их фрагменты, за исключением их применения в качестве стабилизирующего материала при рекультивации;

7) отходы, содержащие стойкие органические загрязнители;

8) пестициды;

9) отходы, которые не удовлетворяют критериям приема;

10) отходы пластмасс, пластика и полиэтилена, полиэтилентерефталатную упаковку;

11) макулатуру, картон и отходы бумаги;

12) ртутьсодержащие лампы и приборы;

13) стеклянную тару;

14) стеклобой;

15) лом цветных и черных металлов;

16) батареи литиевые, свинцово-кислотные;

17) электронное и электрическое оборудование;

18) вышедшие из эксплуатации транспортные средства;

19) строительные отходы;

20) пищевые отходы.

2. Запрещается смешивание отходов в целях выполнения критериев приема.

3. На полигонах твердых бытовых отходов должна быть предусмотрена обязательная сортировка отходов по видам, указанным в подпунктах 6), 10), 11), 12), 13), 14), 15), 16) и 17) пункта 1 настоящей статьи. Сортировка твердых бытовых отходов осуществляется с соблюдением национальных стандартов, включенных в перечень, утвержденный уполномоченным органом в области охраны окружающей среды.

Эксплуатация полигона твердых бытовых отходов, на котором не обеспечивается выполнение требования, предусмотренного частью первой настоящего пункта, запрещается.

4. Местные исполнительные органы организуют мероприятия по стимулированию сокращения захоронения биоразлагаемых отходов, включая меры по их переработке, в частности методом компостирования и утилизации, в том числе в целях производства биогаза и (или) энергии.

Компостирование биоразлагаемых отходов осуществляется с соблюдением экологических и санитарно-гигиенических требований.

Статья 352. Твердые и шламообразные промышленные отходы, размещение которых запрещается на полигонах, предназначенных для размещения твердых бытовых отходов

На полигонах, предназначенных для размещения твердых бытовых отходов, запрещается размещение следующих твердых и шламообразных промышленных отходов:

1) отходов химической промышленности по производству хлора:

графитовый шлам производства синтетического каучука, хлора, каустика, содержащий ртуть и ее соединения;

метанол, отходы производства оргстекла, содержащие метанол;

шламы производства солей монохлоруксусной кислоты, содержащие гексахлоран, метанол, трихлорбензол;

бумажные мешки, использовавшиеся для перевозки ДДТ, уротропина, цинеба, трихлорфенолята меди, тиурама-Д;

шламы производства трихлорфенолята меди, содержащие трихлорфенол;

отработанные катализаторы производства пластополимеров, содержащие бензол и дихлорэтан;

коагулюм и омега полимеры, содержащие хлоропрен;

отходы трихлорбензола, производства удобрений, содержащие гексахлоран, трихлорбензол;

2) отходов химической промышленности по производству хромовых соединений:

шлам производства монохромата натрия и хлористого натрия, отходы производства бихромата калия, содержащие шестивалентный хром;

3) отходов цинковой изгари промышленности по производству соды, содержащих цинк;

4) отходов производства искусственного волокна:

шламы, содержащие диметилтерефталат, терефталевую кислоту, цинк, медь;

отходы от фильтрации капролактама, содержащие капролактам;

отходы установки метанолиза, содержащие метанол;

5) отходов лакокрасочной промышленности:

пленки лаков и эмалей, отходы при зачистке оборудования, содержащие цинк, хром, растворители, окислительные масла;

шламы, содержащие цинк и магний;

6) отходов химико-фотографической промышленности:

отходы производства гипосульфита и сульфита безводного, содержащие фенол;

отходы магнитного лака, коллодия, красок, содержащие бутилацетат, толуол, дихлорэтан, метанол;

7) отходов производства пластмасс, содержащих фенол;

8) отходов азотной промышленности:

шлам (смолы) с установки очистки коксового газа и отработанные масла цеха синтеза и компрессии, содержащие канцерогенные вещества;

кубовый остаток от разгонки моноэтаноламина, содержащий моноэтаноламин;

9) отходов нефтеперерабатывающей и нефтехимической промышленности:

алюмосиликатный адсорбент от очистки масел, парафина, содержащий хром и кобальт;

кислые гудроны с содержанием серной кислоты свыше тридцати процентов;

фусы и фусосмоляные остатки получения кокса и газификации полукокса, содержащие фенол;

отработанные катализаторы, содержащие хром;

отработанная глина, содержащая масла;

отходы процесса фильтрации с установок алкилфенольных присадок, содержащие цинк;

10) отходов машиностроения:

осадок хромсодержащих стоков, содержащий хром;

осадок цианистых стоков, содержащий циан;

стержневые смеси на органическом связующем, содержащие хром;

осадок после вакуум-фильтров, станций нейтрализации гальванических цехов, содержащий цинк, хром, никель, кадмий, свинец, медь, хлорофос, тиокол;

11) отходов фармацевтической промышленности:

отходы производства синтомицина, содержащие бром, дихлорэтан, метанол;

12) отходов обогащения и шламов, содержащих соли тяжелых металлов.

Статья 353. Общие требования для полигонов опасных отходов

1. Местоположение полигона, предназначенного для захоронения опасных отходов, должно соответствовать требованиям, касающимся:

1) расстояния от границы полигона опасных отходов до жилых и рекреационных зон, водных объектов, земель сельскохозяйственного назначения и населенных пунктов;

2) наличия подземных, поверхностных вод и их водоохранных зон и полос или особо охраняемых природных территорий;

3) геологических и гидрогеологических условий;

4) риска наводнения, понижения, оползней или лавин на участке;

5) защиты объектов государственного природно-заповедного фонда.

2. В зависимости от характеристик полигона опасных отходов и метеорологических условий должны быть предусмотрены:

1) контроль внезапного поступления воды в тело полигона;

2) предотвращение поступления поверхностных и (или) подземных вод в место захоронения отходов;

3) сбор и очистка загрязненной воды и фильтрата до нормативов допустимого сброса, устанавливаемых для сточных вод.

Примечание ИЗПИ!
В пункт 3 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3. Сбор, очистка и использование свалочного газа должны производиться способом, который минимизирует ущерб или ухудшение состояния окружающей среды и риск для здоровья людей.

4. Оператором полигона должны быть приняты меры для минимизации:

1) распространения запахов и пыли;

2) разносимых ветром материалов, соединений и аэрозолей;

3) шума и движения;

4) птиц, паразитов и насекомых;

5) пожаров.

5. Полигон опасных отходов должен быть оборудован так, чтобы загрязнения от участка не были вынесены на общественные дороги и близлежащую территорию.

6. Полигон должен быть защищен от свободного доступа посторонних лиц. Система контроля и доступа к каждому техническому средству должна содержать программу мер, чтобы обнаруживать незаконное использование таких средств и препятствовать этому.

7. Управление полигоном опасных отходов осуществляется физическими или юридическими лицами, имеющими технические средства для эксплуатации полигона и обеспечивающими профессиональную техническую подготовку и повышение квалификации работников такого полигона.

8. Уровень допустимых воздействий должен быть определен в экологическом разрешении захоронения отходов с учетом специфических гидрогеологических условий в месте расположения полигона на основании проекта полигона.

9. Полигону присваивается индивидуальный регистрационный номер, включенный в государственный кадастр отходов Республики Казахстан. Оператором полигона должна разрабатываться система документооборота, предназначенная для ведения учета отходов, принимаемых на полигон.

Статья 354. Процедуры приема отходов

1. Собственники отходов, сдающие отходы на полигон, обязаны предоставить оператору полигона достоверную информацию об их качественных и количественных характеристиках, подтверждающую отнесение отходов к определенному виду, а в отношении опасных отходов – дополнительно копию паспорта опасных отходов.

2. Операторы полигонов имеют право принимать на полигон для захоронения только те виды отходов, которые разрешены для захоронения на данном полигоне и право на захоронение которых подтверждается экологическим разрешением.

3. Оператор полигона обязан при приеме отходов осуществлять:

1) проверку документации на отходы, включая паспорт опасных отходов;

2) визуальный осмотр отходов при их поступлении;

3) сверку принимаемых отходов с описанием в документации, представленной собственником отходов;

4) ведение учета количества и характеристик подлежащих захоронению отходов с указанием их происхождения, даты поставки, идентификации образователя отходов или, в отношении твердых бытовых отходов, лица, осуществляющего сбор отходов, а при наличии опасных отходов – точного места их размещения на полигоне;

5) дозиметрический контроль каждой партии принимаемых на полигон отходов для исключения попадания на полигон радиоактивных веществ.

4. Оператор полигона обязан постоянно обеспечивать письменное подтверждение получения каждой партии отходов, принятой на участке, и хранение данной документации в течение пяти лет с даты приема отходов на полигон.

5. Для определения массы поступающих отходов на пунктах приема должно быть установлено весовое оборудование.

Статья 355. Контроль и мониторинг на стадии эксплуатации полигона

1. Ежегодно оператор полигона представляет отчет о проведении мониторинга воздействия на окружающую среду в уполномоченный орган в области охраны окружающей среды.

2. Оператор полигона должен уведомлять уполномоченный орган в области охраны окружающей среды о негативном воздействии на окружающую среду, выявленном в результате контроля и мониторинга, а также согласовывать с уполномоченным органом в области охраны окружающей среды характер и сроки корректирующих мер, которые будут приниматься.

3. Контроль, мониторинг и (или) проведение анализов должны выполняться аккредитованными лабораториями.

4. Проба фильтрата и поверхностных вод должна отбираться в репрезентативных пунктах. Осуществление отбора и измерение объема и состава фильтрата должны быть выполнены отдельно в каждом пункте участка, где образуется фильтрат.

5. Газовый мониторинг проводится для каждой секции полигона твердых бытовых отходов в соответствии с методикой, утвержденной уполномоченным органом в области охраны окружающей среды.

6. Частота осуществления отбора и анализа обосновывается в программе мониторинга, прилагаемой к экологическому разрешению на воздействие.

7. Параметры, которые будут измерены, и вещества, которые будут проанализированы, корректируются в зависимости от состава размещаемых отходов.

8. Параметры, которые будут анализироваться по пробам, взятым из подземных вод, должны быть обусловлены ожидаемым составом фильтрата и качеством подземных вод в данном месте. В процессе выбора параметров для аналитического учета должны быть определены скорость и направление потока подземных вод. Параметры могут включать индикативные показатели, чтобы гарантировать раннее выявление изменения в качестве воды.

Статья 356. Процедуры закрытия, рекультивации и мониторинга полигона (части полигона)

1. Закрытие полигона (части полигона) по захоронению отходов допускается только после получения экологического разрешения.

2. Полигон (часть полигона) по захоронению отходов может рассматриваться как закрытый только после того, как должностные лица уполномоченного органа в области охраны окружающей среды и государственного органа в области санитарно-эпидемиологической службы проведут заключительный осмотр на местности, оценят всю информацию, предоставленную оператором полигона, и проинформируют его об одобрении закрытия полигона (части полигона). При этом оператор полигона не освобождается от выполнения условий экологического разрешения.

3. После закрытия полигона (части полигона) оператор полигона осуществляет рекультивацию территории и проводит мониторинг выбросов свалочного газа и фильтрата в течение тридцати лет для полигонов 1 класса, двадцати лет для полигонов 2 класса, пяти лет для полигонов 3 класса. Средства на проведение рекультивации нарушенных земель и последующего мониторинга поступают из ликвидационного фонда полигона.

4. Рекультивация полигонов включает мероприятия по стабилизации отходов в теле полигона, противоэрозионной защите и озеленению склонов полигона с учетом природно-климатических условий зоны расположения полигона. Требования к рекультивации полигонов устанавливаются государственными нормативами в области архитектуры, градостроительства и строительства.

5. После того, как оператор полигона выполнил рекультивацию полигона (части полигона) в соответствии с условиями проекта и выполненные работы приняты актом приемочной комиссии с участием уполномоченного органа в области охраны окружающей среды, оператор полигона прекращает ведение мониторинга окружающей среды.

Глава 26. ОСОБЕННОСТИ УПРАВЛЕНИЯ ОТХОДАМИ ГОРНОДОБЫВАЮЩЕЙ ПРОМЫШЛЕННОСТИ

Статья 357. Понятие отходов горнодобывающей промышленности

1. Под отходами горнодобывающей промышленности в настоящем Кодексе понимаются отходы, образуемые в процессе разведки, добычи, обработки и хранения твердых полезных ископаемых, в том числе вскрышная, вмещающая порода, пыль, бедная (некондиционная) руда, осадок механической очистки карьерных и шахтных вод, хвосты и шламы обогащения.

Для целей настоящего Кодекса обработка твердых полезных ископаемых включает в себя механические, физические, биологические, термические или химические процессы или их сочетания, применяемые в отношении твердых полезных ископаемых в целях извлечения из них полезных компонентов, в том числе путем изменения размеров (дробления, измельчения), классификации (сортировки), сепарации и выщелачивания, обогащения, а также повторной обработки ранее размещенных отходов горнодобывающей промышленности, но не включает плавление, процессы термической переработки (кроме обжига известняка) и металлургические процессы.

2. Отходы энергетических производств (зола и золошлаки) не признаются отходами горнодобывающей промышленности для целей настоящего Кодекса.

3. К отношениям по управлению отходами горнодобывающей промышленности положения глав 23 и 24 настоящего Кодекса применяются в части, не противоречащей положениям настоящей главы. Требования главы 25 настоящего Кодекса не применяются к объектам долгосрочного или постоянного хранения отходов горнодобывающей промышленности.

4. Требования настоящей главы не распространяются на отходы, образующиеся при проведении разведки, добычи, обработке и хранении твердых полезных ископаемых, не являющиеся прямым результатом таких операций.

Статья 358. Управление отходами горнодобывающей промышленности

1. Управление отходами горнодобывающей промышленности осуществляется в соответствии с принципом иерархии, установленным статьей 329 настоящего Кодекса.

2. Складирование отходов горнодобывающей промышленности должно осуществляться в специально установленных местах, определенных проектным документом, разработанным в соответствии с законодательством Республики Казахстан, и соответствующих условиям экологического разрешения.

3. Запрещается складирование отходов горнодобывающей промышленности вне специально установленных мест.

4. Запрещаются смешивание или совместное складирование отходов горнодобывающей промышленности с другими видами отходов, не являющимися отходами горнодобывающей промышленности, а также смешивание или совместное складирование разных видов отходов горнодобывающей промышленности, если это прямо не предусмотрено условиями экологического разрешения.

5. Отходы горнодобывающей промышленности, образовавшиеся в результате переработки ранее заскладированных отходов горнодобывающей промышленности, не должны иметь степень опасности более высокую, чем степень опасности исходных отходов.

6. Захоронение отходов горнодобывающей промышленности осуществляется в соответствии с утвержденной проектной документацией с учетом положений настоящего Кодекса, требований промышленной безопасности и санитарно-эпидемиологических норм.

Статья 359. Требования к проектированию, строительству и эксплуатации объектов складирования отходов

1. Под объектом складирования отходов понимается специально установленное место, предназначенное для складирования и долгосрочного хранения на срок свыше двенадцати месяцев отходов горнодобывающей промышленности в твердой или жидкой форме либо в виде раствора или суспензии.

Примечание ИЗПИ!
В часть вторую пункта 1 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Складирование и долгосрочное хранение отходов горнодобывающей промышленности для целей применения платы за негативное воздействие на окружающую среду приравниваются к захоронению отходов.

2. При проектировании, строительстве (реконструкции), эксплуатации и управлении объектом складирования отходов должны соблюдаться следующие требования:

1) при выборе места расположения объекта складирования отходов учитываются требования настоящего Кодекса, а также геологические, гидрологические, гидрогеологические, сейсмические и геотехнические условия;

2) в краткосрочной и долгосрочной перспективах:

обеспечение предотвращения загрязнения почвы, атмосферного воздуха, грунтовых и (или) поверхностных вод, эффективного сбора загрязненной воды и фильтрата;

обеспечение уменьшения эрозии, вызванной водой или ветром;

обеспечение физической стабильности объекта складирования отходов;

3) обеспечение минимального ущерба ландшафту;

4) принятие мер для закрытия (ликвидации) объекта складирования отходов и рекультивации почвенного слоя;

5) должны быть разработаны планы и созданы условия для регулярного мониторинга и осмотра объекта складирования отходов квалифицированным персоналом, а также для принятия мер в случае выявления нестабильности функционирования объекта складирования отходов или загрязнения вод или почвы;

6) должны быть предусмотрены мероприятия на период мониторинга окружающей среды после закрытия объекта складирования отходов.

Сведения и документы в отношении мониторинга, указанного в подпункте 6) настоящего пункта, должны храниться вместе с разрешительной документацией.

3. Оператор объекта складирования отходов представляет ежегодный отчет о мониторинге воздействия на окружающую среду в уполномоченный орган в области охраны окружающей среды.

4. Оператор объекта складирования отходов обязан в течение сорока восьми часов уведомить уполномоченный орган в области охраны окружающей среды о любых обстоятельствах, которые могут повлиять на физическую или химическую стабильность объекта складирования отходов, и любых существенных негативных последствиях для окружающей среды, выявленных в процессе мониторинга, а также принять соответствующие корректирующие меры по согласованию с уполномоченным органом в области охраны окружающей среды.

Обязательства, предусмотренные настоящим пунктом, распространяются на период мониторинга после закрытия объекта складирования отходов.

5. Закладка отходов горнодобывающей промышленности в открытые или подземные горные выработки для целей строительства, закрытия объекта складирования отходов и реабилитации нарушенных земель осуществляется с учетом следующих требований:

1) обеспечение физической стабильности объекта складирования отходов;

2) предотвращение загрязнения почвы, поверхностных и подземных вод в соответствии с требованиями настоящего Кодекса;

3) проведение мониторинга в соответствии с требованиями настоящей главы.

Статья 360. Программа управления отходами горнодобывающей промышленности

Примечание ИЗПИ!
В пункт 1 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Оператор объекта складирования отходов обязан разработать программу управления отходами горнодобывающей промышленности для минимизации образования, восстановления и удаления отходов.

2. Программа управления отходами горнодобывающей промышленности разрабатывается с учетом необходимости использования наилучших доступных техник в соответствии с информационно-техническими справочниками по наилучшим доступным техникам, разрабатываемыми и утверждаемыми в соответствии с настоящим Кодексом.

3. Целями программы управления отходами горнодобывающей промышленности являются:

1) предотвращение или снижение образования отходов и их опасности;

2) стимулирование восстановления отходов горнодобывающей промышленности путем переработки, повторного использования в тех случаях, когда это соответствует экологическим требованиям;

3) обеспечение безопасного в краткосрочной и долгосрочной перспективах удаления отходов, в частности путем выбора соответствующего варианта проектирования, который:

предполагает минимальный уровень или отсутствие необходимости мониторинга, контроля закрытого объекта складирования отходов и управления им;

направлен на предотвращение или снижение долгосрочных негативных последствий от захоронения отходов;

обеспечивает долгосрочную геотехническую стабильность дамб и отвалов, выступающих над земной поверхностью.

4. Программа управления отходами горнодобывающей промышленности является неотъемлемой частью экологического разрешения и подлежит пересмотру каждые пять лет в случае существенных изменений в условиях эксплуатации объекта складирования отходов и (или) виде, характере складируемых отходов. Изменения подлежат утверждению уполномоченным органом в области охраны окружающей среды.

5. Программа управления отходами горнодобывающей промышленности разрабатывается в соответствии с принципом иерархии и должна содержать сведения об объеме и составе образуемых и (или) получаемых от третьих лиц отходов, способах их накопления, сбора, транспортировки, обезвреживания, восстановления и удаления, а также описание предлагаемых мер по сокращению образования отходов, увеличению доли их переработки и утилизации.

Статья 361. Предотвращение ухудшения состояния воды, загрязнения воздуха и почвы

1. При обращении с отходами горнодобывающей промышленности обязательно соблюдение экологических требований, установленных настоящим Кодексом для предотвращения загрязнения воды путем:

1) оценки потенциала образования фильтрата, включая загрязняющие вещества, содержащиеся в фильтрате, складируемых отходов в период эксплуатации и после закрытия объекта складирования отходов, определения водного баланса объекта складирования отходов;

2) предотвращения или минимизации образования фильтрата и загрязнения поверхностных или подземных вод и почвы;

3) сбора и очистки загрязненной воды и фильтрата до уровня, необходимого для их сброса.

2. Оператор объекта складирования отходов обязан принимать меры для предотвращения или уменьшения выбросов пыли и газа.

3. При размещении отходов горнодобывающей промышленности обратно в открытые или подземные горные выработки, подверженные затоплению, оператор объекта складирования отходов должен принять необходимые меры по предотвращению или минимизации ухудшения состояния воды и почвы.

4. Если в пруде-накопителе присутствует цианид, оператор должен обеспечить, чтобы концентрация цианида в жидких отходах была снижена до минимально возможного уровня с использованием наилучших доступных техник.

Статья 362. Предотвращение крупных экологических происшествий

1. Перед началом деятельности по накоплению отходов горнодобывающей промышленности оператор объекта складирования отходов обязан разработать программу предотвращения крупных экологических происшествий при управлении отходами горнодобывающей промышленности, а также внутренний план реагирования на такие происшествия в соответствии с правилами, утвержденными уполномоченным органом в области охраны окружающей среды совместно с уполномоченным органом в области промышленной безопасности.

2. В целях внедрения и контроля за реализацией такой программы оператор объекта складирования отходов назначает ответственного работника.

3. Уполномоченный орган в области охраны окружающей среды разрабатывает внешний план реагирования на крупные экологические происшествия, предусматривающий мероприятия, предпринимаемые вне места возникновения таких происшествий. Оператор объекта складирования отходов обязан предоставить уполномоченному органу в области охраны окружающей среды информацию, необходимую для разработки внешнего плана реагирования на крупные экологические происшествия.

4. При наступлении крупного экологического происшествия оператор объекта складирования отходов обязан незамедлительно уведомить уполномоченный орган в области охраны окружающей среды и предоставить всю необходимую информацию, а также оказать содействие в целях минимизации последствий такого происшествия для жизни и (или) здоровья людей и оценки степени фактического или потенциального экологического ущерба.

Статья 363. Закрытие объекта складирования отходов и мониторинг в период после закрытия

1. При закрытии объекта складирования отходов горнодобывающей промышленности или его части применяются положения статьи 356 настоящего Кодекса с учетом того, что обязательства по проведению мониторинга в период после закрытия такого объекта не ограничиваются сроком.

2. Финансирование мероприятий по закрытию объекта складирования отходов, проведение рекультивации нарушенных земель и последующего мониторинга осуществляются в порядке, предусмотренном Кодексом Республики Казахстан "О недрах и недропользовании".

Статья 364. Инвентаризация объектов складирования отходов горнодобывающей промышленности

1. Уполномоченный орган в области охраны окружающей среды организует ведение реестра закрытых (выведенных из эксплуатации, ликвидированных) и заброшенных (бесхозяйных) объектов складирования отходов горнодобывающей промышленности, вызывающих существенные негативные последствия для окружающей среды или несущих угрозу для жизни и (или) здоровья населения, а также для окружающей среды в краткосрочной или среднесрочной перспективе.

2. Реестр подлежит периодическому обновлению на основании данных, представляемых местными исполнительными органами в соответствии со статьей 340 настоящего Кодекса, но не реже одного раза в год.

3. Указанный реестр размещается в открытом доступе на официальных сайтах лица, ответственного за его ведение, а также уполномоченного органа в области охраны окружающей среды.

Глава 27. ОСОБЕННОСТИ УПРАВЛЕНИЯ КОММУНАЛЬНЫМИ ОТХОДАМИ

Статья 365. Экологические требования в области управления коммунальными отходами

1. Под коммунальными отходами понимаются следующие отходы потребления:

1) смешанные отходы и раздельно собранные отходы домашних хозяйств, включая, помимо прочего, бумагу и картон, стекло, металлы, пластмассы, органические отходы, древесину, текстиль, упаковку, использованные электрическое и электронное оборудование, батареи и аккумуляторы;

2) смешанные отходы и раздельно собранные отходы из других источников, если такие отходы по своему характеру и составу сходны с отходами домашних хозяйств.

Коммунальные отходы не включают отходы производства, сельского хозяйства, лесного хозяйства, рыболовства, септиков и канализационной сети, а также от очистных сооружений, включая осадок сточных вод, вышедшие из эксплуатации транспортные средства или отходы строительства.

К отходам потребления относятся отходы, образующиеся в результате жизнедеятельности человека, полностью или частично утратившие свои потребительские свойства продукты и (или) изделия, их упаковка и иные вещества или их остатки, срок годности либо эксплуатации которых истек независимо от их агрегатного состояния, а также от которых собственник самостоятельно физически избавился либо документально перевел в разряд отходов потребления.

2. Уполномоченный орган в области охраны окружающей среды реализует государственную политику в области управления коммунальными отходами посредством:

1) утверждения правил управления коммунальными отходами;

2) утверждения типовых правил расчета норм образования и накопления коммунальных отходов;

3) организации методического обеспечения местных исполнительных органов по вопросам управления коммунальными отходами.

3. Местные представительные органы районов, городов областного значения, городов республиканского значения, столицы реализуют государственную политику в области управления коммунальными отходами посредством:

1) утверждения в пределах своей компетенции программы по управлению коммунальными отходами;

2) утверждения норм образования и накопления коммунальных отходов;

3) утверждения тарифов для населения на сбор, транспортировку, сортировку и захоронение твердых бытовых отходов.

4. Местные исполнительные органы районов, городов районного и областного значения, городов республиканского значения, столицы реализуют государственную политику в области управления коммунальными отходами посредством:

1) организации разработки программ по управлению коммунальными отходами и обеспечения их выполнения;

2) разработки и представления на утверждение соответствующим местным представительным органам норм образования и накопления коммунальных отходов;

3) выделения земельных участков под строительство и (или) размещение объектов по управлению коммунальными отходами, в том числе для обустройства контейнерных площадок и пунктов приема вторичного сырья;

4) обеспечения строительства объектов по удалению и захоронению коммунальных отходов;

5) осуществления контроля за обращением коммунальных отходов в соответствии с настоящим Кодексом, правилами управления коммунальными отходами, а также разработки мероприятий и экономических инструментов, направленных на снижение объемов образования коммунальных отходов, повышение уровня их подготовки к повторному использованию, переработки, утилизации и сокращение объемов коммунальных отходов, подлежащих захоронению, в том числе посредством государственно-частного партнерства;

6) утверждения правил расчета норм образования и накопления коммунальных отходов;

7) разработки и представления на утверждение соответствующим местным представительным органам тарифов для населения на сбор, транспортировку, сортировку и захоронение твердых бытовых отходов, рассчитанных в соответствии с методикой, разрабатываемой и утверждаемой уполномоченным органом в области охраны окружающей среды;

8) определения порядка распределения тарифа между субъектами, осуществляющими операции по сбору, транспортировке, сортировке и захоронению твердых бытовых отходов;

9) организации рациональной и экологически безопасной системы сбора коммунальных отходов, предусматривающей их раздельный сбор, в том числе транспортировку и накопление до восстановления или удаления;

10) обеспечения создания и функционирования необходимой инфраструктуры для субъектов предпринимательства, осуществляющих деятельность по сбору, транспортировке, сортировке, восстановлению и удалению коммунальных отходов, в том числе посредством государственно-частного партнерства;

11) обеспечения достижения целевых показателей качества окружающей среды при управлении коммунальными отходами;

12) стимулирования раздельного сбора органических коммунальных отходов и их восстановления, в том числе путем компостирования;

13) обеспечения доступа для организаций, осуществляющих деятельность по сбору, транспортировке, сортировке, восстановлению, в том числе переработке, и удалению коммунальных отходов, к сведениям о регистрации населения в целях идентификации количества граждан, зарегистрированных по месту жительства;

14) информирования населения о рациональной системе сбора, утилизации и переработки твердых бытовых отходов, включая раздельный сбор;

15) организации работы по вывозу отходов для владельцев объектов по энергетической утилизации отходов.

5. Местные исполнительные органы сел, поселков, сельских округов реализуют государственную политику в области управления коммунальными отходами посредством:

1) стимулирования раздельного сбора органических коммунальных отходов и их восстановления, в том числе путем компостирования;

2) организации регулярного вывоза коммунальных отходов;

3) обеспечения соблюдения экологических требований при управлении коммунальными отходами;

4) предотвращения и пресечения несанкционированного сжигания коммунальных отходов.

6. Опасные составляющие коммунальных отходов (электронное и электрическое оборудование, ртутьсодержащие отходы, батарейки, аккумуляторы и прочие опасные компоненты) должны собираться раздельно и передаваться на восстановление специализированным предприятиям.

Статья 366. Государственно-частное партнерство в области управления твердыми бытовыми отходами

1. Проектирование, строительство, создание, реконструкция, модернизация и эксплуатация инфраструктуры и осуществление деятельности по сбору, транспортировке, сортировке, захоронению твердых бытовых отходов, ликвидации стихийных свалок (далее – управление твердыми бытовыми отходами) могут осуществляться путем реализации проектов государственно-частного партнерства в соответствии с законодательством Республики Казахстан в области государственно-частного партнерства.

Под ликвидацией стихийных свалок понимаются сбор, транспортировка и передача отходов, размещенных вне специально установленных мест, предназначенных для их накопления или захоронения, специализированным организациям для сортировки, обезвреживания, переработки, утилизации или захоронения.

2. Использование средств утилизационного платежа для реализации проектов государственно-частного партнерства по управлению твердыми бытовыми отходами применяется с учетом особенностей, предусмотренных настоящей статьей. При этом такие проекты применяются только для деятельности по управлению твердыми бытовыми отходами, осуществляемой за счет тарифа для населения на сбор, транспортировку, сортировку и захоронение твердых бытовых отходов.

3. Уполномоченный орган в области охраны окружающей среды разрабатывает и утверждает порядок и условия реализации проектов государственно-частного партнерства по управлению твердыми бытовыми отходами, включающие в себя:

1) порядок и условия проведения конкурса по определению частного партнера;

2) типовую конкурсную документацию проекта государственно-частного партнерства и типовые договоры;

3) порядок, условия и пределы возмещения затрат частного партнера;

4) порядок разработки и утверждения предельного тарифа для населения на сбор, транспортировку, сортировку и захоронение твердых бытовых отходов.

4. Местные исполнительные органы областей, городов республиканского значения и столицы в соответствии с подпунктами 1) – 3) пункта 3 настоящей статьи выступают организаторами конкурса в отношении местных проектов государственно-частного партнерства, разрабатывают и утверждают конкурсную документацию по согласованию с уполномоченным органом в области охраны окружающей среды.

5. Возмещение затрат частного партнера в рамках проектов государственно-частного партнерства по управлению твердыми бытовыми отходами осуществляется за счет средств, поступающих от тарифа для населения на сбор, транспортировку, сортировку и захоронение твердых бытовых отходов, и иных не запрещенных законодательством Республики Казахстан источников финансирования.

6. Оператор расширенных обязательств производителей (импортеров) в соответствии с подпунктом 3) пункта 3 настоящей статьи возмещает в рамках проекта государственно-частного партнерства разницу между предельным тарифом и текущим тарифом для населения на сбор, транспортировку, сортировку и захоронение твердых бытовых отходов.

7. Размер предельного тарифа для каждого проекта государственно-частного партнерства на сбор, транспортировку, сортировку и захоронение твердых бытовых отходов разрабатывается и утверждается уполномоченным органом в области охраны окружающей среды и отражает фактические и инвестиционные расходы по указанным операциям в соответствующем городе, районе.

Статья 367. Централизованная система сбора твердых бытовых отходов

1. Под твердыми бытовыми отходами понимаются коммунальные отходы в твердой форме.

2. Централизованная система сбора твердых бытовых отходов (далее – централизованная система) – система, организуемая местными исполнительными органами в рамках обеспечения физических и юридических лиц независимо от форм собственности и вида деятельности, проживающих (находящихся) и (или) осуществляющих свою деятельность в жилых домах либо отдельно стоящих зданиях (сооружениях) и не имеющих на праве собственности контейнерных площадок и контейнеров, а также имеющих на праве собственности контейнерные площадки и контейнеры, расположенные на землях общего пользования, услугами по сбору, транспортировке твердых бытовых отходов. Контейнерные площадки – специальные площадки для накопления отходов, на которых размещаются контейнеры для сбора твердых бытовых отходов, с наличием подъездных путей для специализированного транспорта, осуществляющего транспортировку твердых бытовых отходов.

3. Физические лица, проживающие в жилых домах, обязаны пользоваться централизованной системой на основании публичных договоров и оплачивать услуги за транспортировку отходов согласно утвержденным местным представительным органом тарифам.

Юридические лица и индивидуальные предприниматели, осуществляющие деятельность в жилых домах или отдельно стоящих зданиях (сооружениях), при пользовании централизованной системой обязаны заключить договор на транспортировку твердых бытовых отходов с субъектами предпринимательства в сфере управления отходами, осуществляющими сбор и транспортировку твердых бытовых отходов, определенными местными исполнительными органами в соответствии с настоящим Кодексом.

Юридические лица и индивидуальные предприниматели, осуществляющие деятельность в отдельно стоящих зданиях (сооружениях), при пользовании услугами субъектов предпринимательства в сфере управления отходами, не относящихся к централизованной системе, обязаны заключить договор на транспортировку твердых бытовых отходов с субъектами предпринимательства в сфере управления отходами, включенными в реестр разрешений и уведомлений в соответствии с Законом Республики Казахстан "О разрешениях и уведомлениях".

4. Централизованная система организовывается местным исполнительным органом посредством проведения конкурса (тендера) по определению участников рынка твердых бытовых отходов, осуществляющих сбор и транспортировку твердых бытовых отходов в соответствии с требованиями настоящего Кодекса и правилами управления коммунальными отходами.

5. Субъекты предпринимательства, осуществляющие сбор и транспортировку твердых бытовых отходов, обязаны использовать только специально оборудованные транспортные средства, соответствующие правилам управления коммунальными отходами и не предназначенные для транспортировки других видов отходов, за исключением случаев, когда иное предусмотрено такими правилами.

6. При самостоятельном вывозе твердых бытовых отходов юридические лица и индивидуальные предприниматели обязаны соблюдать требования настоящего Кодекса, а также заключить договоры с субъектами предпринимательства, осуществляющими переработку и (или) захоронение твердых бытовых отходов.

7. Субъекты предпринимательства, осуществляющие сбор и транспортировку твердых бытовых отходов, или собственник отходов, осуществляющий самостоятельный вывоз твердых бытовых отходов, обеспечивают доставку таких отходов субъектам предпринимательства, осуществляющим восстановление твердых бытовых отходов.

8. Вывоз отходов непосредственно на полигон захоронения твердых бытовых отходов производится в случае отсутствия субъектов предпринимательства, осуществляющих восстановление твердых бытовых отходов, или недостаточности производственной мощности у таких субъектов в данном населенном пункте, за исключением отходов, указанных в статье 351 настоящего Кодекса.

Примечание ИЗПИ!
В статью 368 предусмотрены изменения Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 368. Требования к транспортировке твердых бытовых отходов

1. Транспортировка (в том числе вывоз) твердых бытовых отходов должна осуществляться транспортными средствами, соответствующими требованиям настоящего Кодекса.

2. Субъекты предпринимательства, осуществляющие деятельность по транспортировке твердых бытовых отходов, обязаны передавать полную навигационную информацию о передвижении транспорта в информационную систему "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан".

3. Разработка и ведение соответствующего подраздела информационной системы "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан" для отслеживания движения транспортных средств, осуществляющих вывоз твердых бытовых отходов, по данным спутниковых навигационных систем организуются уполномоченным органом в области охраны окружающей среды.

4. Субъекты предпринимательства, осуществляющие деятельность по транспортировке твердых бытовых отходов, при оказании соответствующих услуг должны соблюдать следующие требования:

1) использовать специально оборудованные транспортные средства, предназначенные для транспортировки твердых бытовых отходов;

2) оборудовать транспортные средства, указанные в подпункте 1) настоящего пункта, спутниковыми навигационными системами, подключенными к информационной системе "Национальный банк данных о состоянии окружающей среды и природных ресурсов Республики Казахстан", и поддерживать эти системы постоянно в рабочем состоянии;

3) заключать договоры с собственниками твердых бытовых отходов по типовой форме, установленной правилами обращения с твердыми бытовыми отходами;

4) соблюдать требования действующего законодательства Республики Казахстан.

5. Требования к транспортировке твердых бытовых отходов, окраске, снабжению специальными отличительными знаками и оборудованию транспортных средств, а также к погрузочно-разгрузочным работам устанавливаются национальными стандартами Республики Казахстан, включенными в перечень, утвержденный уполномоченным органом в области охраны окружающей среды.

Глава 28. ОСОБЕННОСТИ УПРАВЛЕНИЯ РАДИОАКТИВНЫМИ ОТХОДАМИ

Статья 369. Радиоактивные отходы и их классификация

1. К радиоактивным отходам относятся не подлежащие дальнейшему использованию следующие вещества в любом агрегатном состоянии:

1) материалы, изделия, оборудование, объекты биологического происхождения, в которых содержание радионуклидов превышает уровни, установленные законодательством Республики Казахстан;

2) не подлежащее переработке отработанное ядерное топливо;

3) отработавшие свой ресурс или поврежденные радионуклидные источники;

4) извлеченные из недр и складируемые в отвалы и хвостохранилища породы, руды и отходы обогащения и выщелачивания руд, в которых содержание радионуклидов превышает уровни, установленные законодательством Республики Казахстан.

2. Основой классификации радиоактивных отходов являются их агрегатное состояние, происхождение, уровень радиоактивности, период полураспада радионуклидов.

3. По агрегатному состоянию радиоактивные отходы подразделяются на жидкие и твердые.

К жидким радиоактивным отходам относятся растворы неорганических веществ, пульпы фильтроматериалов, органические жидкости.

К твердым радиоактивным отходам относятся изделия, детали машин и механизмов, материалы, биологические объекты, отработавшие свой ресурс источники радиоактивных излучений.

4. Отходы относятся к радиоактивным, если удельная активность содержащихся в них радионуклидов больше значений, регламентированных нормами радиационной безопасности для радиоактивных материалов, подлежащих контролю, а при неизвестном радионуклидном составе удельная активность больше:

1) ста килобеккерелей на килограмм – для бета-излучающих радионуклидов;

2) десяти килобеккерелей на килограмм – для альфа-излучающих радионуклидов (исключая трансурановые);

3) одного килобеккереля на килограмм – для трансурановых радионуклидов.

5. По источникам образования радиоактивные отходы классифицируются следующим образом:

1) отходы горнорудной промышленности;

2) отходы исследовательских и энергетических ядерных установок;

3) отходы ядерных взрывов;

4) неиспользуемые радиоактивные источники излучения и источники с истекшим сроком службы.

6. По уровню радиоактивности твердые радиоактивные отходы классифицируются следующим образом:

1) низкоактивные отходы – отходы, у которых удельная активность (килобеккерелей на килограмм): менее тысячи – для бета-излучающих радионуклидов; менее ста – для альфа-излучающих радионуклидов (исключая трансурановые); менее десяти – для трансурановых радионуклидов;

2) среднеактивные отходы – отходы, у которых удельная активность (килобеккерелей на килограмм): от тысячи до десяти миллионов – для бета-излучающих радионуклидов; от ста до одного миллиона – для альфа-излучающих радионуклидов (исключая трансурановые); от десяти до ста тысяч – для трансурановых радионуклидов;

3) высокоактивные отходы – отходы, у которых удельная активность (килобеккерелей на килограмм): более десяти миллионов – для бета-излучающих радионуклидов; более одного миллиона – для альфа-излучающих радионуклидов (исключая трансурановые); более ста тысяч – для трансурановых радионуклидов.

7. Государственный контроль и надзор в области обеспечения радиационной безопасности, в том числе за деятельностью, связанной с обращением с радиоактивными отходами, осуществляет уполномоченный орган в области использования атомной энергии.

Примечание ИЗПИ!
Пункт 7 предусмотрено дополнить частью второй в соответствии с Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 370. Экологические требования в области управления радиоактивными отходами

1. Физические и юридические лица обязаны соблюдать установленные уполномоченным органом в области использования атомной энергии правила производства, хранения, транспортировки, использования, утилизации и удаления радиоактивных материалов, не допускать нарушения нормативов предельно допустимого уровня радиационного воздействия, принимать меры по предупреждению и ликвидации радиационного загрязнения окружающей среды.

2. Деятельность по сбору, хранению, транспортировке и захоронению радиоактивных отходов осуществляется в соответствии с законодательством Республики Казахстан об использовании атомной энергии.

3. При возникновении чрезвычайных ситуаций при перевозке радиоактивных материалов должны соблюдаться требования законодательства Республики Казахстан в области использования атомной энергии, радиационной безопасности населения и технических регламентов в целях обеспечения защиты здоровья граждан, их имущества, окружающей среды.

Статья 371. Классификация пунктов хранения и (или) захоронения радиоактивных отходов

1. К пунктам хранения и (или) захоронения радиоактивных отходов относятся естественные (природные) или искусственные площадки, емкости или помещения, используемые для хранения и (или) захоронения радиоактивных отходов.

2. К пунктам захоронения радиоактивных отходов относятся пункты, в которые такие отходы помещаются без намерения последующего их изъятия.

3. Пункты хранения радиоактивных отходов подразделяются по принятию радиоактивных отходов:

1) в результате геологоразведочной, горнодобывающей и горноперерабатывающей деятельности, содержащих преимущественно естественные радионуклиды;

2) от объектов ядерной энергетики, в результате ядерных взрывов и производства радиоизотопной продукции, содержащих преимущественно искусственные радионуклиды.

4. По масштабу площади сбора радиоактивных отходов пункты хранения и (или) захоронения радиоактивных отходов подразделяются на локальные и региональные. К локальным относятся пункты, предназначенные для размещения отходов одного объекта или одного района, а к региональным – двух и более объектов и (или) районов.

Статья 372. Экологические требования при хранении и захоронении радиоактивных отходов

1. Радиоактивные отходы, образующиеся на территории Республики Казахстан, должны быть захоронены таким образом, чтобы обеспечить радиационную защиту населения и окружающей среды на период времени, в течение которого они могут представлять потенциальную опасность.

2. Хранение и захоронение радиоактивных отходов осуществляются на основании лицензий, выдаваемых уполномоченным органом в области использования атомной энергии, и эти виды деятельности не являются объектами экологического нормирования и получения экологических разрешений. Нормативы на радиоактивные отходы устанавливаются уполномоченным органом в области использования атомной энергии.

3. Размещение радиоактивных отходов должно предусматриваться проектной и технической документацией в качестве обязательного этапа любого вида деятельности, ведущего к образованию радиоактивных отходов. Управление радиоактивными отходами осуществляется в соответствии с законодательством Республики Казахстан об использовании атомной энергии с учетом экологических требований, предусмотренных настоящим Кодексом.

4. При хранении и захоронении радиоактивных отходов операторы должны:

1) исключить возможность самопроизвольных цепных ядерных реакций и обеспечить защиту от избыточного тепловыделения;

2) обеспечить эффективную защиту населения и окружающей среды путем применения установленных методов защиты в соответствии с правилами и нормами радиационной безопасности;

3) вести учет биологических, химических и других рисков, которые могут быть связаны с хранением радиоактивных отходов;

4) сохранять учетные документы, касающиеся места нахождения, конструкции и содержимого объекта захоронения;

5) осуществлять контроль и исключить возможность несанкционированного доступа к радиоактивным материалам и незапланированного выброса радиоактивных веществ в окружающую среду.

Статья 373. Экологические требования к пунктам хранения и (или) захоронения радиоактивных отходов

1. Все проекты по созданию и организации работы пунктов хранения и (или) захоронения радиоактивных отходов подлежат санитарно-эпидемиологической экспертизе и экспертизе, проводимой в соответствии с законодательством Республики Казахстан о недрах и недропользовании. Проектирование должно осуществляться согласно строительным нормам и правилам, утвержденным в соответствии с законодательством Республики Казахстан.

2. В проекте должны быть указаны:

1) источники образования радиоактивных отходов, другие источники радиоактивного воздействия на окружающую среду в радиусе прогнозируемого действия пунктов хранения и (или) захоронения радиоактивных отходов, их количественные и качественные характеристики;

2) организационная структура пунктов хранения и (или) захоронения радиоактивных отходов, объем и порядок проведения производственного радиационного контроля;

3) расчеты дозовых нагрузок на население, допустимые и контролируемые уровни и оценка влияния всех источников радиации в радиусе прогнозируемого воздействия радиоактивных отходов на окружающую среду и население.

3. В проекте должен быть обоснован выбор места строительства пункта хранения и (или) захоронения из ряда альтернативных вариантов на основе специальных изысканий и экономических оценок с учетом воздействия на окружающую среду, включающих оценку дозовых нагрузок на критические группы населения.

4. Инженерные изыскания, включая геодезические, геологические, гидрогеологические и гидрометеорологические, должны обеспечивать обоснование:

1) выбора места строительства и размещения пункта хранения и (или) захоронения радиоактивных отходов и его инженерной защиты от неблагоприятных воздействий природных и техногенных факторов;

2) мероприятий по охране окружающей среды.

5. В проектах по созданию и организации работы пунктов хранения и (или) захоронения радиоактивных отходов следует предусматривать рекультивацию нарушенных земель после дезактивации или другой деятельности.

6. Вокруг пунктов захоронения радиоактивных отходов устанавливается санитарно-защитная зона с границами, определенными в соответствии с законодательством Республики Казахстан о санитарно-эпидемиологическом благополучии населения.

7. Размещение пунктов захоронения радиоактивных отходов не допускается:

1) на территориях жилой застройки;

2) на площади залегания полезных ископаемых – без согласования с уполномоченным государственным органом по изучению недр;

3) в зонах активного карста;

4) в зонах оползней, селевых потоков, снежных лавин и других опасных геологических процессов;

5) в заболоченных местах;

6) в зонах питания подземных источников питьевой воды;

7) в зонах санитарной охраны курортов;

8) на территориях зеленых зон городов;

9) на особо охраняемых природных территориях;

10) на территориях I, II и III поясов зон санитарной охраны подземных и поверхностных источников хозяйственно-питьевого водоснабжения, очистных сооружений водопроводов, магистральных водоводов;

11) на территориях водоразделов;

12) на землях, занятых или предназначенных под занятие лесами, лесопарками и другими зелеными насаждениями, выполняющими защитные и санитарно-гигиенические функции и являющимися местами отдыха населения.

8. При выборе земельного участка под строительство пункта хранения и (или) захоронения радиоактивных отходов должны быть соблюдены следующие условия:

1) отсутствие грунтовых вод, пригодных для питьевых, бальнеологических и технических нужд;

2) высокие сорбционно-емкостные свойства вмещающих пород;

3) значительная глубина залегания подземных вод (шестьдесят и более метров);

4) уровень грунтовых вод не ближе четырех метров от дна пункта хранения и (или) захоронения радиоактивных отходов;

5) геологические слои, не являющиеся водоносными горизонтами и не имеющие гидравлической связи с нижележащими водоносными горизонтами;

6) отсутствие разломной тектоники и интенсивной трещиноватости, расстояние до сейсмоопасного разлома должно быть более сорока километров;

7) очень низкая чувствительность к сбросообразованию, проседанию, провалам;

8) отсутствие эрозии;

9) геоморфологическая стабильность;

10) наличие твердых и очень плотных почв и пород фундамента;

11) наличие непроницаемых пород фундамента мощностью более десяти метров;

12) слабохолмистая местность со склонами не более пяти процентов;

13) расстояние до ближайшего водозабора подземных и грунтовых вод или из поверхностного водоисточника не ближе четырех километров;

14) фактическое использование земли не дает значительного экономического эффекта и потенциальное ее использование также не имеет признанной оценки;

15) культурные и национально значимые ценности отсутствуют на расстоянии четырех километров;

16) местность не представляет туристской ценности и редко посещается жителями близлежащих населенных пунктов.

9. При несоблюдении одного из условий, указанных в пункте 8 настоящей статьи, должны разрабатываться мероприятия по охране окружающей среды от вредного воздействия пункта хранения и (или) захоронения радиоактивных отходов или по его защите от вредного воздействия природных и техногенных факторов путем:

1) создания инженерных барьеров из слабопроницаемых и сорбционно-емкостных материалов (полиэтилена, бетона, керамики, глины, цеолита);

2) создания дренажных систем, обеспечивающих пропуск поверхностных, грунтовых и подземных вод в обход таких пунктов.

10. Для низкоактивных отходов урановых и неурановых горнодобывающих и перерабатывающих предприятий могут быть использованы ранее пройденные горные выработки с размещением радиоактивных отходов ниже зоны аэрации и среди других горных пород с более высокими сорбционно-емкостными свойствами (исключающими возможность миграции радионуклидов за пределы пункта).

11. Для среднеактивных отходов урановых и неурановых горнодобывающих и перерабатывающих предприятий могут быть также использованы пройденные горные выработки с дополнительным устройством технических барьеров из глины, цеолита и других сорбирующих радионуклиды материалов.

12. Естественные понижения в рельефе могут быть использованы для долговременного размещения низкоактивных твердых и жидких радиоактивных отходов при наличии естественной или искусственной подложки из непроницаемых пород или другого материала.

13. Захоронение жидких радиоактивных отходов запрещается. Жидкие радиоактивные отходы должны обезвоживаться до влажности рыхлых горных пород в окружающей среде или отверждаться.

14. Для пунктов хранения и (или) захоронения среднеактивных радиоактивных отходов обязательно предусматриваются охранные мероприятия и сигнализация, для пунктов хранения и (или) захоронения низкоактивных радиоактивных отходов – охранные мероприятия без сигнализации.

15. Расчет дозовых нагрузок и разработка эффективных мер по радиационной защите населения осуществляются на основе расчета доз по критическим группам населения. Критическая группа населения определяется на основе анализа и выявления критического пути, через который радиоактивные вещества достигают этой группы населения.

16. Расчет распространения радиоактивного загрязнения поверхностных, грунтовых и подземных вод выполняется на основе проведения специальных гидрологических и гидрогеологических исследований, выполняемых для определения скорости фильтрации растворов и загрязнений, их миграционных способностей и сорбционных возможностей водовмещающих пород.

17. Ущерб, причиненный окружающей среде воздействием аварийного радиоактивного загрязнения, оценивается по стоимости выполнения мероприятий и защитных мер по проведению рекультивационных работ.

Статья 374. Трансграничное перемещение радиоактивных отходов

1. Запрещается ввоз в Республику Казахстан в целях хранения или захоронения радиоактивных отходов из других государств, за исключением собственных радиоактивных отходов Республики Казахстан, вывезенных для переработки в другие государства. Запрещается также захоронение (размещение) радиоактивных отходов на поверхности земли и в ее недрах без проведения мероприятий, предотвращающих попадание радиоактивных веществ в окружающую среду.

2. Ввоз в Республику Казахстан радиоактивных отходов, полуфабрикатов, сырья, комплектующих изделий, содержащих радиоактивные вещества выше уровней изъятия, установленных нормами радиационной безопасности, осуществляется в соответствии с законодательством Республики Казахстан в сфере контроля специфических товаров и подлежит государственному учету ядерных материалов и источников ионизирующего излучения в соответствии с законодательством Республики Казахстан в области использования атомной энергии.

3. При трансграничном перемещении радиоактивных отходов оператор обязан принять меры по обеспечению перемещения с соблюдением норм международного права. При этом:

1) оператор обязан принять меры по обеспечению перемещения по разрешению и предварительному уведомлению, а также с согласия государства назначения;

2) трансграничное перемещение через государства транзита должно осуществляться при условии выполнения международных обязательств, которые относятся к конкретным используемым видам транспорта;

3) запрещается отправка отработанного ядерного топлива или радиоактивных отходов для хранения или захоронения в место назначения южнее 60 градусов южной широты.

Сноска. Статья 374 с изменением, внесенным Законом РК от 28.12.2022 № 173-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 375. Экологические требования при транспортировке радиоактивных отходов

1. Транспортировка радиоактивных отходов осуществляется в соответствии с правилами транспортировки радиоактивных веществ и радиоактивных отходов, утверждаемыми уполномоченным органом в области использования атомной энергии, и международными договорами, ратифицированными Республикой Казахстан.

2. Правила транспортировки радиоактивных отходов должны предусматривать права, обязанности и ответственность грузоотправителя, перевозчика и грузополучателя, меры безопасности, физической защиты, систему согласованных мер по недопущению происшествий и аварий, требования к упаковке, маркировке и транспортным средствам, мероприятиям по локализации последствий возможных аварий.

Глава 29. ОСОБЕННОСТИ УПРАВЛЕНИЯ ОТДЕЛЬНЫМИ ВИДАМИ ОТХОДОВ

Статья 376. Экологические требования в области управления строительными отходами

1. Под строительными отходами понимаются отходы, образующиеся в процессе сноса, разборки, реконструкции, ремонта (в том числе капитального) или строительства зданий, сооружений, промышленных объектов, дорог, инженерных и других коммуникаций.

2. Строительные отходы подлежат обязательному отделению от других видов отходов непосредственно на строительной площадке или в специальном месте.

3. Смешивание строительных отходов с другими видами отходов запрещается, кроме случаев восстановления строительных отходов в соответствии с утвержденными проектными решениями.

4. Запрещается накопление строительных отходов вне специально установленных мест.

Статья 377. Экологические требования в области управления медицинскими отходами

1. Медицинские отходы – отходы, образующиеся в процессе оказания медицинских услуг и проведения медицинских манипуляций.

2. Порядок обращения с медицинскими отходами определяется уполномоченным органом в области здравоохранения.

3. Обработка и удаление медицинских отходов с применением термических и (или) химических процессов должны осуществляться с соблюдением требований настоящего Кодекса.

Статья 378. Экологические требования в области управления биологическими отходами

1. Биологические отходы определяются в соответствии с законодательством Республики Казахстан в области ветеринарии.

2. Порядок обращения с биологическими отходами определяется уполномоченным органом в области ветеринарии.

3. Обработка и удаление биологических отходов с применением термических и (или) химических процессов должны осуществляться с соблюдением требований настоящего Кодекса.

Статья 379. Экологические требования в области управления отходами, содержащими стойкие органические загрязнители

1. Пункты хранения отходов, содержащих стойкие органические загрязнители, должны быть оборудованы средствами защиты, обеспечивающими предотвращение влияния стойких органических загрязнителей на окружающую среду и здоровье людей.

2. Учет отходов, содержащих стойкие органические загрязнители, проводится в журналах строгой отчетности.

3. Запрещается смена собственника и владельца отходов, содержащих стойкие органические загрязнители, без уведомления уполномоченного органа в области охраны окружающей среды.

4. Кадастр отходов, содержащих стойкие органические загрязнители, ведется отдельным разделом в рамках государственного кадастра отходов.

5. Запрещается захоронение отходов, содержащих стойкие органические загрязнители, предусмотренные международными договорами Республики Казахстан о стойких органических загрязнителях. Экспорт и импорт таких отходов разрешаются только для целей их уничтожения.

Статья 380. Экологические требования в области управления отдельными видами отходов и процессами их жизненного цикла

1. При обращении с отдельными видами отходов владельцы отходов должны обеспечить соблюдение экологических, санитарно-эпидемиологических требований, а также включенных в перечень, утвержденный уполномоченным органом в области охраны окружающей среды, национальных стандартов в области управления отдельными видами отходов.

2. Специальные экологические требования по управлению материалами и продукцией, перешедшими в категорию отходов (шины, электронное и электрическое оборудование, упаковка, бумага, отработанные масла, химические источники тока, ртутьсодержащие отходы), а также другими опасными отходами устанавливаются включенными в перечень, утвержденный уполномоченным органом в области охраны окружающей среды, национальными стандартами в области управления отдельными видами отходов.

Статья 381. Экологические требования в области управления отходами при проектировании зданий, строений, сооружений и иных объектов

При проектировании зданий, строений, сооружений и иных объектов, при строительстве (возведении, создании) которых предполагается образование отходов, необходимо предусматривать места (площадки) для сбора таких отходов в соответствии с правилами, нормативами и требованиями в области управления отходами, устанавливаемыми уполномоченным органом в области охраны окружающей среды и государственным органом в сфере санитарно-эпидемиологического благополучия населения.

Глава 30. ГОСУДАРСТВЕННЫЙ КАДАСТР ОТХОДОВ

Статья 382. Государственный кадастр отходов

1. Государственный кадастр отходов представляет собой систематизированный на основе геоинформационных систем, периодически пополняемый и уточняемый свод унифицированных сведений по каждому объекту размещения отходов (с указанием их пространственного положения), а также видам отходов, их происхождению и физико-химическим свойствам (с учетом опасности для населения и окружающей среды), компонентному составу, количественным и качественным показателям, техническим, гидрогеологическим и экологическим условиям хранения, захоронения и сброса, технологиям их использования и обезвреживания.

2. Все виды отходов и объекты размещения отходов подлежат учету в государственном кадастре отходов.

Организация ведения государственного кадастра отходов осуществляется уполномоченным органом в области охраны окружающей среды.

Ведение государственного кадастра отходов осуществляет подведомственная организация уполномоченного органа в области охраны окружающей среды.

Статья 383. Цели и задачи государственного кадастра отходов

1. Государственный кадастр отходов ведется в целях обеспечения государственных органов, заинтересованных физических и юридических лиц информацией для оценки, прогнозирования, разработки технологических, экономических, правовых и других решений в отношении обеспечения охраны окружающей среды, а также ведения общегосударственного комплексного учета отходов.

2. Основной задачей ведения государственного кадастра отходов является обеспечение общегосударственных, региональных и отраслевых информационно-экспертных систем и банков данных информацией по отходам, свойствам и технологиям их переработки.

Статья 384. Ведение государственного кадастра отходов

1. Операторы объектов представляют в уполномоченный орган в области охраны окружающей среды следующую документацию:

1) паспорт опасных отходов;

2) отчет по инвентаризации отходов;

3) кадастровое дело по объекту размещения отходов, включающее:

решение местного исполнительного органа соответствующей административной территориальной единицы об отводе земельного участка для складирования и удаления отходов;

справку об установлении границ земельного участка и выдаче правоустанавливающего документа на земельный участок, заверенную местным исполнительным органом соответствующей административно-территориальной единицы в пределах его компетенции, по месту нахождения земельного участка;

технико-экономическое обоснование создания объектов размещения отходов;

положительное заключение санитарно-эпидемиологической экспертизы на проект создания объектов размещения отходов.

2. Формы документов, указанных в пункте 1 настоящей статьи, инструкции по их заполнению утверждаются уполномоченным органом в области охраны окружающей среды.

3. Документация, указанная в подпункте 2) пункта 1 настоящей статьи, представляется ежегодно по состоянию на 1 января до 1 марта года, следующего за отчетным, на бумажном носителе и (или) в электронной форме посредством ее заполнения в информационной системе государственного кадастра отходов и подписания электронной цифровой подписью должностного лица оператора объекта, ответственного за предоставление информации.

4. Документация, указанная в подпунктах 1) и 3) пункта 1 настоящей статьи, представляется на бумажном носителе и (или) в электронной форме посредством ее заполнения в информационной системе государственного кадастра отходов и подписания электронной цифровой подписью должностного лица оператора объекта, ответственного за предоставление информации, повторно – в случае ее изменения.

Статья 385. Информация о результатах ведения государственного кадастра отходов

1. По результатам ведения государственного кадастра отходов уполномоченным органом в области охраны окружающей среды составляется ежегодный информационный обзор.

2. Государственный кадастр отходов размещается и актуализируется в информационной системе, на интернет-ресурсе уполномоченного органа в области охраны окружающей среды.

Глава 31. РАСШИРЕННЫЕ ОБЯЗАТЕЛЬСТВА ПРОИЗВОДИТЕЛЕЙ (ИМПОРТЕРОВ)

Статья 386. Требования к исполнению расширенных обязательств производителей (импортеров)

1. Физические и юридические лица, осуществляющие производство на территории Республики Казахстан и (или) ввоз на территорию Республики Казахстан отдельных видов продукции (товаров) по перечню, утвержденному уполномоченным органом в области охраны окружающей среды, обязаны обеспечивать сбор, транспортировку, подготовку к повторному использованию, сортировку, обработку, переработку, обезвреживание и (или) утилизацию отходов, образующихся после утраты потребительских свойств такой продукции (товаров) (далее – расширенные обязательства производителей (импортеров).

2. Производители и импортеры, указанные в пункте 1 настоящей статьи, исполняют расширенные обязательства производителей (импортеров) одним из следующих способов:

1) применение собственной системы сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов;

2) заключение с оператором расширенных обязательств производителей (импортеров) договора об организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, подача заявки в соответствии с правилами реализации расширенных обязательств производителей (импортеров), утвержденными Правительством Республики Казахстан, и внесение на банковский счет оператора расширенных обязательств производителей (импортеров) денег в виде утилизационного платежа.

Под утилизационным платежом (далее – утилизационный платеж) понимается плата оператору расширенных обязательств производителей (импортеров), осуществляемая производителем (импортером) за организацию сбора, транспортировки, подготовки к повторному использованию, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), и ее (их) упаковки.

Под договором об организации сбора, транспортировки, подготовки к повторному использованию, переработки, обезвреживания и (или) утилизации отходов понимается договор, заключаемый между оператором расширенных обязательств производителей (импортеров) и производителем (импортером) на основании типового договора об организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), и ее (их) упаковки.

3. Предусмотренный подпунктом 1) пункта 2 настоящей статьи способ не распространяется на производителей и импортеров автомобильных транспортных средств, самоходной сельскохозяйственной техники.

4. Требования к применяемой производителем или импортером собственной системе сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов определяются уполномоченным органом в области охраны окружающей среды.

5. В случае использования способа, предусмотренного подпунктом 2) пункта 2 настоящей статьи, производитель или импортер подает заявку в соответствии с правилами реализации расширенных обязательств производителей (импортеров), утвержденными Правительством Республики Казахстан, и вносит на банковский счет оператора расширенных обязательств производителей (импортеров) утилизационный платеж. Методика расчета утилизационного платежа утверждается уполномоченным органом в области охраны окружающей среды.

6. Расширенные обязательства производителей (импортеров) не распространяются на:

1) производителей в части произведенных масел, полимерной, стеклянной, бумажной и (или) картонной упаковок, аккумуляторных батарей при условии использования для их производства не менее тридцати процентов отработанных масел, отходов пластмасс, стекла, бумаги и картона, использованных аккумуляторных батарей соответственно, переработанных и утилизированных на территории Республики Казахстан;

2) производителей и импортеров в части произведенной (произведенных) на территории Республики Казахстан и (или) ввезенной (ввезенных) на территорию Республики Казахстан продукции (товаров), реализованной (реализованных) за ее пределами;

3) производителей и импортеров в части произведенных на территории Республики Казахстан и (или) ввезенных на территорию Республики Казахстан полимерной, стеклянной, бумажной, картонной и (или) металлической упаковок, упаковки из комбинированных материалов, которые предназначены для упаковки и (или) в которые упакована (упакованы) продукция (товары), реализованная (реализованные) за ее пределами;

4) физических лиц, осуществляющих ввоз на территорию Республики Казахстан продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), при импорте продукции (товаров) в пределах квоты на беспошлинный ввоз товаров личного пользования, за исключением импортеров автомобильных транспортных средств, самоходной сельскохозяйственной техники;

5) импортеров в части полимерной, стеклянной, бумажной, картонной и (или) металлической упаковок, упаковки из комбинированных материалов, в которые упакованы социально значимые продовольственные товары, перечень которых утверждается Правительством Республики Казахстан;

6) производителей в части произведенной полимерной упаковки из преформ, за которые внесен утилизационный платеж;

7) импортеров в части ввезенных полимерной, стеклянной, бумажной, картонной и (или) металлической упаковок, упаковки из комбинированных материалов, в которые упакована ввезенная (ввезенные) продукция (товары), используемая (используемые) в их деятельности в качестве основных средств, материалов, сырья, запасных частей (комплектующих) при производстве продукции, выполнении работ, оказании услуг, для общехозяйственных нужд и не предназначенная (не предназначенные) для реализации;

8) импортеров в части ввезенных полимерной, стеклянной, бумажной, картонной и (или) металлической упаковок, в которые упакованы товары, ввезенные в качестве иностранной безвозмездной помощи в установленном законодательством Республики Казахстан порядке;

9) физических лиц, осуществивших ввоз на территорию Республики Казахстан транспортных средств до 1 сентября 2022 года, не прошедших первичную регистрацию транспортного средства.

При этом порядок, условия и сроки ввоза, а также категории таких транспортных средств определяются Правительством Республики Казахстан.

7. Правила реализации расширенных обязательств производителей (импортеров), предусматривающие требования по исполнению расширенных обязательств производителей (импортеров), разрабатываются уполномоченным органом в области охраны окружающей среды и утверждаются Правительством Республики Казахстан.

Сноска. Статья 386 с изменениями, внесенными законами РК от 30.12.2022 № 177-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 387. Правовое положение оператора расширенных обязательств производителей (импортеров)

1. Оператор расширенных обязательств производителей (импортеров) является государственным предприятием, акционерным обществом, товариществом с ограниченной ответственностью, сто процентов акций (долей участия в уставном капитале) которого прямо или косвенно принадлежат государству, определенным решением Правительства Республики Казахстан для целей реализации принципа расширенных обязательств производителей (импортеров).

2. Оператор расширенных обязательств производителей (импортеров) обладает исключительным правом в отношении сбора утилизационного платежа и должен распоряжаться и управлять указанными платежами в порядке, предусмотренном настоящим Кодексом и иными законодательными актами Республики Казахстан.

3. Исключен Законом РК от 30.12.2022 № 177-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 387 с изменениями, внесенными Законом РК от 30.12.2022 № 177-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 388. Направления деятельности оператора расширенных обязательств производителей (импортеров)

1. Оператор расширенных обязательств производителей (импортеров) направляет деньги, поступившие на его банковский счет от производителей и импортеров в соответствии с требованиями настоящего Кодекса в виде утилизационного платежа, на:

1) возмещение в соответствии со статьей 366 настоящего Кодекса затрат субъектов, осуществляющих сбор, транспортировку, сортировку, захоронение твердых бытовых отходов, ликвидацию стихийных свалок;

2) компенсацию производителям социально значимых продовольственных товаров расходов, связанных с внесением утилизационного платежа производителями (импортерами) полимерной, стеклянной, бумажной, картонной и (или) металлической упаковок, упаковки из комбинированных материалов, применяемых для упаковывания социально значимых продовольственных товаров, в порядке, установленном правилами, утвержденными уполномоченным органом в области охраны окружающей среды;

3) стимулирование производства в Республике Казахстан экологически чистых автомобильных транспортных средств (соответствующих экологическому классу, установленному техническим регламентом Евразийского экономического союза; с электродвигателями) и их компонентов, а также самоходной сельскохозяйственной техники, соответствующей экологическим требованиям, определенным техническими регламентами, путем:

финансирования их производителей по следующим направлениям: содержание рабочих мест; использование энергоресурсов; осуществление научно-исследовательских и опытно-конструкторских разработок; проведение испытаний, связанных с выпуском продукции; поддержка гарантийных обязательств;

финансирования скидки, предоставленной производителем физическим и юридическим лицам при приобретении ими на территории Республики Казахстан транспортного средства и (или) самоходной сельскохозяйственной техники, произведенных в Республике Казахстан;

4) исключен Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

5) организацию сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), путем выплат в порядке, определяемом уполномоченным органом в области охраны окружающей среды.

Размеры выплат субъектам предпринимательства в сфере управления отходов в рамках заключенного типового договора с оператором расширенных обязательств производителей (импортеров) утверждаются Правительством Республики Казахстан. Размер выплат рассчитывается оператором расширенных обязательств производителей (импортеров) в соответствии с подпунктом 9) настоящей части.

Положения, предусмотренные частью первой настоящего подпункта, не распространяются на производителей (импортеров), имеющих собственную систему сбора, переработки и утилизации отходов;

6) организацию сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации за пределами Республики Казахстан отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), для которых на территории Республики Казахстан отсутствуют объекты по обезвреживанию, переработке и (или) утилизации, путем выплат в порядке, определяемом уполномоченным органом в области охраны окружающей среды.

Размеры выплат субъектам предпринимательства в сфере управления отходов, для которых на территории Республики Казахстан отсутствуют объекты по обезвреживанию, переработке и (или) утилизации, в рамках заключенного типового договора с оператором расширенных обязательств производителей (импортеров) утверждаются Правительством Республики Казахстан. Размер выплат рассчитывается оператором расширенных обязательств производителей (импортеров) в соответствии с подпунктом 9) настоящей части;

7) организационно-техническое и информационное обеспечение системы сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов и вторичных ресурсов, финансирование рекламной деятельности, образовательных, маркетинговых мероприятий в сфере обращения с отходами и вторичными ресурсами;

8) организацию и ведение информационной системы отслеживания движения транспортных средств, осуществляющих вывоз твердых бытовых отходов, по данным спутниковых навигационных систем;

9) финансирование экспериментальных, опытных, проектных, научно-исследовательских работ в сфере сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов;

10) внедрение в Республике Казахстан технологий сбора, транспортировки, подготовки к повторному использованию, обработки, сортировки, переработки и (или) утилизации отходов, строительство заводов (производств) по подготовке к повторному использованию, обработке, переработке, сортировке и (или) утилизации отходов, совершенствование материально-технической базы организаций, осуществляющих сбор, транспортировку, подготовку к повторному использованию, сортировку, обработку, переработку и (или) утилизацию отходов, организацию энергетической утилизации отходов;

11) создание и развитие сети электрозаправочных станций, в том числе путем приобретения, размещения и организации деятельности электрозаправочных станций;

12) финансирование деятельности, связанной с осуществлением оператором расширенных обязательств производителей (импортеров) своих функций;

13) финансирование либо софинансирование строительства объектов по энергетической утилизации отходов на условиях возвратности в порядке и на условиях, определяемых Правительством Республики Казахстан;

14) организацию сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания, утилизации, уничтожения отходов, содержащих стойкие органические загрязнители, в порядке и на условиях, определяемых уполномоченным органом в области охраны окружающей среды;

15) финансирование организации, пятьдесят и более процентов голосующих акций (долей участия в уставном капитале) которой прямо или косвенно принадлежит государству и (или) национальному управляющему холдингу, для дальнейшего финансирования проектов в обрабатывающей отрасли, направленных на улучшение состояния окружающей среды, в порядке и на условиях, определяемых Правительством Республики Казахстан.

На правоотношения, предусмотренные подпунктами 5) и 6) части первой настоящего пункта, не распространяется действие законодательства Республики Казахстан о государственных закупках.

2. Правила стимулирования производства в Республике Казахстан экологически чистых автомобильных транспортных средств (соответствующих экологическому классу, установленному техническим регламентом Евразийского экономического союза; с электродвигателями) и их компонентов, а также самоходной сельскохозяйственной техники, соответствующей экологическим требованиям, определенным техническими регламентами, утверждаются уполномоченным органом в области охраны окружающей среды совместно с уполномоченным органом в области государственного стимулирования промышленности и устанавливают:

1) форму типового договора между производителями экологически чистых автомобильных транспортных средств (соответствующих экологическому классу, установленному техническим регламентом Евразийского экономического союза; с электродвигателями) и их компонентов и оператором расширенных обязательств производителей (импортеров) с указанием сроков и объемов финансирования;

2) форму типового договора между производителями самоходной сельскохозяйственной техники, соответствующей экологическим требованиям, определенным техническими регламентами, и оператором расширенных обязательств производителей (импортеров) с указанием сроков и объемов финансирования;

3) форму отчетности о производстве экологически чистых автомобильных транспортных средств (соответствующих экологическому классу, установленному техническим регламентом Евразийского экономического союза; с электродвигателями) и сроки ее представления оператору расширенных обязательств производителей (импортеров);

4) форму отчетности о производстве самоходной сельскохозяйственной техники и сроки ее представления оператору расширенных обязательств производителей (импортеров);

5) требования к производителям экологически чистых автомобильных транспортных средств и (или) их компонентов;

6) требования к производителям самоходной сельскохозяйственной техники;

7) условия и порядок финансирования, в том числе порядок определения размера финансирования скидки, предоставленной производителем физическим и юридическим лицам при реализации произведенных в Республике Казахстан транспортного средства и (или) самоходной сельскохозяйственной техники, при представлении документа, подтверждающего сдачу на утилизацию вышедших из эксплуатации транспортного средства и (или) самоходной сельскохозяйственной техники, предусматривающего право на получение скидки на приобретение на территории Республики Казахстан транспортного средства и (или) самоходной сельскохозяйственной техники, произведенных в Республике Казахстан.

3. исключен Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

4. Правила организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), и отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), для которых на территории Республики Казахстан отсутствуют объекты по обезвреживанию, переработке и (или) утилизации, утверждаются уполномоченным органом в области охраны окружающей среды.

5. Размеры денежных выплат оператора расширенных обязательств производителей (импортеров) за счет денег, поступивших на его банковский счет от производителей и импортеров, субъектам предпринимательства, осуществляющим сбор, транспортировку, подготовку к повторному использованию, сортировку, обработку, переработку, обезвреживание и (или) утилизацию отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), утверждаются Правительством Республики Казахстан. Размер выплат рассчитывается оператором расширенных обязательств производителей (импортеров) в соответствии с подпунктом 9) части первой пункта 1 настоящей статьи.

Сноска. Статья 388 с изменениями, внесенными законами РК от 27.12.2021 № 87-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 389. Полномочия оператора расширенных обязательств производителей (импортеров)

1. К полномочиям оператора расширенных обязательств производителей (импортеров) относятся:

1) заключение с производителями (импортерами) договора об организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), на основании типового договора об организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров);

2) сбор утилизационного платежа, перечисляемого производителями (импортерами) на банковский счет оператора расширенных обязательств производителей (импортеров) на основании договора об организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров);

3) осуществление контроля за правильностью исчисления, полнотой и своевременностью перечисления производителями (импортерами) утилизационного платежа;

4) возврат и (или) зачет в счет предстоящих платежей излишне уплаченных сумм, производимые в установленном оператором расширенных обязательств производителей (импортеров) порядке на основании обращений производителей и импортеров, при условии подтверждения излишне уплаченных сумм не позднее чем за тридцать календарных дней до срока представления оператором расширенных обязательств производителей (импортеров) декларации по корпоративному подоходному налогу, предусмотренного налоговым законодательством Республики Казахстан, за отчетный период, в течение которого внесен утилизационный платеж;

5) осуществление контроля за правильностью представления документов производителями социально значимых продовольственных товаров на получение компенсации части расходов, связанных с внесением утилизационного платежа производителями (импортерами) полимерной, стеклянной, бумажной, картонной и (или) металлической упаковок, упаковки из комбинированных материалов, применяемых для упаковывания социально значимых продовольственных товаров;

6) представление отчета в уполномоченный орган в области охраны окружающей среды о ходе реализации расширенных обязательств производителей (импортеров);

7) формирование, утверждение, ведение реестра производителей (импортеров), осуществляющих производство на территории Республики Казахстан и (или) ввоз на территорию Республики Казахстан продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), за исключением производителей и импортеров автомобильных транспортных средств, самоходной сельскохозяйственной техники;

8) разработка и утверждение правил регистрации и ведения реестра производителей (импортеров), осуществляющих производство на территории Республики Казахстан и (или) ввоз на территорию Республики Казахстан продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), за исключением производителей и импортеров автомобильных транспортных средств, самоходной сельскохозяйственной техники;

9) взаимодействие с государственными органами, в том числе в сфере таможенного и налогового законодательства Республики Казахстан, по вопросам, касающимся расширенных обязательств производителей (импортеров);

10) внедрение в Республике Казахстан технологий сбора, транспортировки, подготовки к повторному использованию, обработки, сортировки, переработки и (или) утилизации отходов, строительство заводов (производств) по подготовке к повторному использованию, сортировке, обработке, переработке и (или) утилизации отходов, совершенствование материально-технической базы организаций, осуществляющих сбор, транспортировку, подготовку к повторному использованию, сортировку, обработку, переработку и (или) утилизацию отходов, организацию энергетической утилизации отходов;

11) при выявлении деяний, содержащих признаки административных правонарушений, производство по которым отнесено в соответствии с Кодексом Республики Казахстан об административных правонарушениях к компетенции уполномоченного органа в области охраны окружающей среды, оператор расширенных обязательств производителей (импортеров) обязан передать имеющиеся по таким правонарушениям материалы в уполномоченный орган в области охраны окружающей среды;

12) в целях реализации принципа расширенных обязательств производителей (импортеров) оператор расширенных обязательств производителей (импортеров) вправе получать от уполномоченного органа в области охраны окружающей среды данные для расчета утилизационного платежа из информации о деятельности физических и юридических лиц, на которых распространяются расширенные обязательства производителей (импортеров);

13) выдача документа, подтверждающего сдачу на утилизацию вышедших из эксплуатации транспортного средства и (или) самоходной сельскохозяйственной техники, в том числе предусматривающего право на получение скидки на приобретение на территории Республики Казахстан транспортного средства, произведенного в Республике Казахстан;

14) разработка и утверждение правил и условий выдачи документа, подтверждающего сдачу на утилизацию вышедших из эксплуатации транспортного средства и (или) самоходной сельскохозяйственной техники, в том числе предусматривающего право на получение скидки на приобретение на территории Республики Казахстан транспортного средства, произведенного в Республике Казахстан;

15) направление денег, поступивших на его банковский счет в виде утилизационного платежа, в соответствии с направлениями, предусмотренными статьей 388 настоящего Кодекса;

16) разработка и утверждение формы типового договора об организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), и ее (их) упаковки.

2. Оператор расширенных обязательств производителей (импортеров) производит расходование утилизационного платежа в соответствии со статьей 388 настоящего Кодекса, а также с согласованной с уполномоченным органом в области охраны окружающей среды стратегией развития деятельности оператора расширенных обязательств производителей (импортеров), которая включает в себя приоритетность использования средств утилизационного платежа на цели, не окупаемые за счет средств, уплачиваемых физическими и юридическими лицами по тарифам на сбор, траспортировку, сортировку и захоронение твердых бытовых отходов в населенных пунктах.

Статья 390. Ответственность участников расширенных обязательств производителей (импортеров)

1. Производители (импортеры), не заключившие с оператором расширенных обязательств производителей (импортеров) договор об организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), не подавшие заявку в соответствии с правилами реализации расширенных обязательств производителей (импортеров), утвержденными Правительством Республики Казахстан, а также не внесшие или своевременно не внесшие на банковский счет оператора расширенных обязательств производителей (импортеров) деньги в виде утилизационного платежа, несут ответственность, установленную законами Республики Казахстан.

2. Требования пункта 1 настоящей статьи в части исчисления утилизационного платежа не распространяются на производителей (импортеров), имеющих собственную систему сбора, переработки и утилизации отходов.

Производители (импортеры), имеющие собственную систему сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, за невыполнение и (или) ненадлежащее выполнение требований по обеспечению сбора, транспортировки, подготовки к повторному использованию, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), несут ответственность, установленную законами Республики Казахстан.

3. Оператор расширенных обязательств производителей (импортеров) за нецелевое использование утилизационных платежей, неисполнение или ненадлежащее исполнение возложенных на него обязанностей и функций несет ответственность, установленную законами Республики Казахстан.

Статья 391. Обеспечение прозрачности деятельности оператора расширенных обязательств производителей (импортеров)

Оператор расширенных обязательств производителей (импортеров):

1) согласовывает свою стратегию развития деятельности и инвестиционную политику с уполномоченным органом в области охраны окружающей среды;

2) Исключен Законом РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

3) направляет в уполномоченный орган в области охраны окружающей среды ежегодный отчет о ходе реализации расширенных обязательств производителей (импортеров).

Сноска. Статья 391 с изменением, внесенным Законом РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 392. Исполнение расширенных обязательств производителей (импортеров)

1. Исполнение расширенных обязательств производителей (импортеров) осуществляется путем заключения между производителями (импортерами) и оператором расширенных обязательств производителей (импортеров) договора об организации сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, образующихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров), в соответствии с настоящим Кодексом.

Договор считается заключенным при условии его подписания оператором расширенных обязательств производителей (импортеров) путем размещения на официальном интернет-ресурсе, производителем (импортером) – с момента ввоза или производства продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров).

2. Производители (импортеры), имеющие собственную систему сбора, транспортировки, подготовки к повторному использованию, сортировки, обработки, переработки, обезвреживания и (или) утилизации отходов, в качестве подтверждения исполнения обязательств по расширенным обязательствам производителей (импортеров) в соответствии с порядком, определенным уполномоченным органом в области охраны окружающей среды, представляют в уполномоченный орган в области охраны окружающей среды документы, подтверждающие сбор, транспортировку, подготовку к повторному использованию, сортировку, обработку, переработку, обезвреживание и (или) утилизацию отходов, образовавшихся после утраты потребительских свойств продукции (товаров), на которую (которые) распространяются расширенные обязательства производителей (импортеров).

РАЗДЕЛ 20. ОСОБЫЕ ЭКОЛОГИЧЕСКИЕ ТРЕБОВАНИЯ ПО ОТДЕЛЬНЫМ ВИДАМ ДЕЯТЕЛЬНОСТИ

Статья 393. Общие экологические требования при проектировании зданий, сооружений и их комплексов

1. Проекты строительства зданий, сооружений и их комплексов, предназначенных для осуществления видов деятельности, в отношении которых в соответствии с настоящим Кодексом проводится обязательная оценка воздействия на окружающую среду, должны содержать решения, обеспечивающие выполнение требований и мер, предусмотренных соответствующим заключением по результатам оценки воздействия на окружающую среду.

2. Проекты строительства зданий, сооружений и их комплексов, относящихся к объектам I и II категорий, должны содержать решения, обеспечивающие безопасный вывод их из эксплуатации, постутилизацию, рекультивацию земель и меры по переработке, утилизации или удалению образующихся в результате указанных операций отходов.

Статья 394. Общие экологические требования при вводе в эксплуатацию и эксплуатации зданий, сооружений и их комплексов

1. Ввод в эксплуатацию зданий, сооружений и их комплексов осуществляется в соответствии с законодательством Республики Казахстан об архитектурной, градостроительной и строительной деятельности.

2. Не допускается ввод в эксплуатацию зданий, сооружений и их комплексов, относящихся к объектам I и II категорий, если на момент ввода в эксплуатацию не обеспечивается соблюдение на таких объектах соответствующих нормативов допустимого антропогенного воздействия на окружающую среду, установленных экологическим разрешением.

3. Запрещаются ввод в эксплуатацию и эксплуатация входящих в состав объекта I или II категории зданий, сооружений и их комплексов без предусмотренных проектом строительства сооружений, установок и оборудования, предназначенных для очистки и (или) обезвреживания выбросов и сбросов, а также управления отходами.

Статья 395. Общие экологические требования при авариях

1. При ухудшении качества окружающей среды, которое вызвано аварийными выбросами или сбросами и при котором создается угроза жизни и (или) здоровью людей, принимаются экстренные меры по защите населения в соответствии с законодательством Республики Казахстан о гражданской защите.

2. При возникновении аварийной ситуации на объектах I и II категорий, в результате которой происходит или может произойти нарушение установленных экологических нормативов, оператор объекта безотлагательно, но в любом случае в срок не более двух часов с момента обнаружения аварийной ситуации обязан сообщить об этом в уполномоченный орган в области охраны окружающей среды и предпринять все необходимые меры по предотвращению загрязнения окружающей среды вплоть до частичной или полной остановки эксплуатации соответствующих стационарных источников или объекта в целом, а также по устранению негативных последствий для окружающей среды, вызванных такой аварийной ситуацией.

Статья 396. Экологические требования к военным и оборонным объектам, военной деятельности

Экологические требования, установленные настоящим Кодексом, распространяются на военные и оборонные объекты и военную деятельность, за исключением особых ситуаций, предусмотренных законодательством Республики Казахстан.

Статья 397. Экологические требования при проведении операций по недропользованию

1. Проектные документы для проведения операций по недропользованию должны предусматривать следующие меры, направленные на охрану окружающей среды:

1) применение методов, технологий и способов проведения операций по недропользованию, обеспечивающих максимально возможное сокращение площади нарушаемых и отчуждаемых земель (в том числе опережающее до начала проведения операций по недропользованию строительство подъездных автомобильных дорог по рациональной схеме, применение кустового способа строительства скважин, применение технологий с внутренним отвалообразованием, использование отходов производства в качестве вторичных ресурсов, их переработка и утилизация, прогрессивная ликвидация последствий операций по недропользованию и другие методы) в той мере, в которой это целесообразно с технической, технологической, экологической и экономической точек зрения, что должно быть обосновано в проектном документе для проведения операций по недропользованию;

2) по предотвращению техногенного опустынивания земель в результате проведения операций по недропользованию;

3) по предотвращению загрязнения недр, в том числе при использовании пространства недр;

4) по охране окружающей среды при приостановлении, прекращении операций по недропользованию, консервации и ликвидации объектов разработки месторождений в случаях, предусмотренных Кодексом Республики Казахстан "О недрах и недропользовании";

5) по предотвращению ветровой эрозии почвы, отвалов вскрышных и вмещающих пород, отходов производства, их окисления и самовозгорания;

6) по изоляции поглощающих и пресноводных горизонтов для исключения их загрязнения;

7) по предотвращению истощения и загрязнения подземных вод, в том числе применение нетоксичных реагентов при приготовлении промывочных жидкостей;

8) по очистке и повторному использованию буровых растворов;

9) по ликвидации остатков буровых и горюче-смазочных материалов экологически безопасным способом;

10) по очистке и повторному использованию нефтепромысловых стоков в системе поддержания внутрипластового давления месторождений углеводородов.

2. При проведении операций по недропользованию недропользователи обязаны обеспечить соблюдение решений, предусмотренных проектными документами для проведения операций по недропользованию, а также следующих требований:

1) конструкции скважин и горных выработок должны обеспечивать выполнение требований по охране недр и окружающей среды;

2) при бурении и выполнении иных работ в рамках проведения операций по недропользованию с применением установок с дизель-генераторным и дизельным приводом выброс неочищенных выхлопных газов в атмосферный воздух от таких установок должен соответствовать их техническим характеристикам и экологическим требованиям;

3) при строительстве сооружений по недропользованию на плодородных землях и землях сельскохозяйственного назначения в процессе проведения подготовительных работ к монтажу оборудования снимается и отдельно хранится плодородный слой для последующей рекультивации территории;

4) для исключения перемещения (утечки) загрязняющих веществ в воды и почву должна предусматриваться инженерная система организованного накопления и хранения отходов производства с гидроизоляцией площадок;

5) в случаях строительства скважин на особо охраняемых природных территориях необходимо применять только безамбарную технологию;

6) при проведении операций по разведке и (или) добыче углеводородов должны предусматриваться меры по уменьшению объемов размещения серы в открытом виде на серных картах и снижению ее негативного воздействия на окружающую среду;

7) при проведении операций по недропользованию должны проводиться работы по утилизации шламов и нейтрализации отработанного бурового раствора, буровых, карьерных и шахтных сточных вод для повторного использования в процессе бурения, возврата в окружающую среду в соответствии с установленными требованиями;

8) при применении буровых растворов на углеводородной основе (известково-битумных, инвертно-эмульсионных и других) должны быть приняты меры по предупреждению загазованности воздушной среды;

9) захоронение пирофорных отложений, шлама и керна в целях исключения возможности их возгорания или отравления людей должно производиться согласно проекту и по согласованию с уполномоченным органом в области охраны окружающей среды, государственным органом в сфере санитарно-эпидемиологического благополучия населения и местными исполнительными органами;

10) ввод в эксплуатацию сооружений по недропользованию производится при условии выполнения в полном объеме всех экологических требований, предусмотренных проектом;

11) после окончания операций по недропользованию и демонтажа оборудования проводятся работы по восстановлению (рекультивации) земель в соответствии с проектными решениями, предусмотренными планом (проектом) ликвидации;

12) буровые скважины, в том числе самоизливающиеся, а также скважины, не пригодные к эксплуатации или использование которых прекращено, подлежат оборудованию недропользователем регулирующими устройствами, консервации или ликвидации в порядке, установленном законодательством Республики Казахстан;

13) бурение поглощающих скважин допускается при наличии положительных заключений уполномоченных государственных органов в области охраны окружающей среды, использования и охраны водного фонда, по изучению недр, государственного органа в сфере санитарно-эпидемиологического благополучия населения, выдаваемых после проведения специальных обследований в районе предполагаемого бурения этих скважин;

14) консервация и ликвидация скважин в пределах контрактных территорий осуществляются в соответствии с законодательством Республики Казахстан о недрах и недропользовании.

3. Запрещаются:

1) допуск буровых растворов и материалов в пласты, содержащие хозяйственно-питьевые воды;

2) бурение поглощающих скважин для сброса промышленных, лечебных минеральных и теплоэнергетических сточных вод в случаях, когда эти скважины могут являться источником загрязнения водоносного горизонта, пригодного или используемого для хозяйственно-питьевого водоснабжения или в лечебных целях;

3) устройство поглощающих скважин и колодцев в зонах санитарной охраны источников водоснабжения;

4) сброс в поглощающие скважины и колодцы отработанных вод, содержащих радиоактивные вещества.

Статья 398. Экологические требования при разведке и добыче на море, внутренних водоемах и в предохранительной зоне Республики Казахстан

1. Бурение скважин должно осуществляться на основе передовых апробированных принципов и методов, принятых в международной практике в области охраны окружающей среды, при проведении операций по разведке и (или) добыче углеводородов на море.

2. Места для размещения морских буровых платформ в пределах контрактной территории должны выбираться с учетом максимально возможного сохранения окружающей среды морских районов, имеющих перспективное значение для рыболовного промысла, сохранения и воспроизводства ценных видов рыб и других объектов водного промысла.

3. Проведение буровых работ с буровой баржи или платформы при наличии ледового покрова в акватории, доступной для судоходства, должно осуществляться при постоянном присутствии корабля ледокольного типа с оборудованием, необходимым для локализации возможного разлива углеводородов. Требование, указанное в настоящем пункте, не распространяется на бурение скважин с искусственных островов.

4. Запрещается в тяжелых ледовых условиях на море проведение вскрытия продуктивного горизонта подсолевой толщи и испытания скважин с предполагаемым экстремальным давлением и высоким содержанием сероводорода.

5. При проведении операций по добыче углеводородов на море недропользователь обязан проводить мониторинг производственного процесса путем наблюдения и замеров на устьях скважин в порядке, определенном уполномоченным органом в области охраны окружающей среды.

6. При проведении операций по разведке и (или) добыче углеводородов на море, внутренних водоемах и в предохранительной зоне Республики Казахстан недропользователь должен обеспечить мероприятия по предупреждению, локализации и ликвидации аварийных разливов.

7. При возникновении аварийных разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан должны применяться оптимальные методы его ликвидации на основе анализа суммарной экологической пользы.

Анализ суммарной экологической пользы представляет собой подход к отбору оптимальных методов ликвидации разливов нефти, направленный на максимальную защиту здоровья людей и охрану окружающей среды.

Отбор оптимальных методов ликвидации разливов нефти проводится на основе анализа суммарной экологической пользы для максимальной защиты здоровья людей и охраны окружающей среды.

Согласование оптимальных методов ликвидации разливов нефти на основе анализа суммарной экологической пользы уполномоченными органами в области охраны окружающей среды, охраны, воспроизводства и использования животного мира, использования и охраны водного фонда, водоснабжения, водоотведения, государственным органом в сфере санитарно-эпидемиологического благополучия населения требуется только для:

1) сжигания нефтяного пятна при отдаленности от населенного пункта не более пяти километров;

2) применения хердеров в целях локализации нефтяного пятна, подлежащего сжиганию;

3) применения диспергентов при глубине воды менее десяти метров и расстоянии от берега менее одного километра.

В иных случаях отбор оптимальных методов ликвидации разливов нефти осуществляется по согласованию с уполномоченным органом в области охраны окружающей среды.

О любом применении диспергентов, хердеров или сжигании нефтяного пятна необходимо информировать уполномоченный орган в области охраны окружающей среды.

Правила определения, согласования и принятия решения о выборе оптимальных методов ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан на основе анализа суммарной экологической пользы утверждаются уполномоченным органом в области охраны окружающей среды.

8. Уполномоченный орган в области охраны окружающей среды:

1) согласовывает оптимальные методы ликвидации разливов нефти на основе предварительного и оперативного анализа суммарной экологической пользы;

2) разрабатывает и утверждает методику проведения анализа суммарной экологической пользы;

3) утверждает перечень рекомендуемых наилучших международных практик по вопросам анализа суммарной экологической пользы и методам ликвидации разливов нефти на море.

9. Уполномоченные органы в области охраны, воспроизводства и использования животного мира, использования и охраны водного фонда, водоснабжения, водоотведения, государственный орган в сфере санитарно-эпидемиологического благополучия населения согласовывают оптимальные методы ликвидации разливов нефти на море в случаях, установленных правилами определения, согласования и принятия решения о выборе оптимальных методов ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан на основе анализа суммарной экологической пользы.

10. При ликвидации аварийных разливов нефти на море и внутренних водоемах применяются диспергенты и хердеры, включенные в перечень, утверждаемый уполномоченным органом в области охраны окружающей среды.

Перечень диспергентов и хердеров для ликвидации аварийных разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан, порядок включения диспергентов и хердеров в перечень диспергентов и хердеров для ликвидации аварийных разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан утверждаются уполномоченным органом в области охраны окружающей среды.

Диспергенты – смесь поверхностно-активных веществ и растворителей, позволяющих нефтяному пятну разбиваться на мелкие капли, которые могут более эффективно смешиваться с водой, оставаясь в ее толще до разрушения под воздействием естественных процессов.

Методику по определению диспергентов для включения их в перечень диспергентов для ликвидации аварийных разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан утверждает уполномоченный орган в области охраны окружающей среды.

Уполномоченный орган в области охраны окружающей среды утверждает методику определения хердеров для включения в перечень диспергентов и хердеров для ликвидации аварийных разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан.

11. Разработка карт экологической чувствительности для ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан (далее – карты экологической чувствительности) обеспечивается уполномоченным органом в области охраны окружающей среды и включает мероприятия по сбору, хранению, обработке (учету и систематизации), анализу.

Карта экологической чувствительности определяет расположение социально-экономических объектов, объектов окружающей среды, имеющих высокую экологическую ценность, и их индекс чувствительности с учетом сезонности для определения приоритетности защиты и очистки при ликвидации разливов нефти на море.

Карта экологической чувствительности формируется на программном обеспечении, дополняется и обновляется периодически не реже одного раза в год.

12. Уполномоченный орган в области охраны окружающей среды утверждает:

1) правила разработки карты экологической чувствительности и принятия решения по определению индекса чувствительности для ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан;

2) карту экологической чувствительности с индексами чувствительности для ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан по согласованию с уполномоченными органами в области охраны, воспроизводства и использования животного мира, использования и охраны водного фонда, водоснабжения, водоотведения, государственным органом в сфере санитарно-эпидемиологического благополучия населения;

3) методологию разработки карты экологической чувствительности для ликвидации разливов нефти на море, внутренних водоемах и в предохранительной зоне Республики Казахстан.

Статья 399. Экологические требования при проведении операций по недропользованию в пределах предохранительной зоны Республики Казахстан

1. Недропользователь, осуществляющий операции по недропользованию в пределах предохранительной зоны Республики Казахстан, обязан проводить их таким образом, чтобы предотвратить или максимально снизить загрязнение моря в случае подъема уровня вод.

2. Недропользователь, осуществляющий операции по недропользованию в пределах предохранительной зоны Республики Казахстан, несет ответственность за ущерб и убытки, нанесенные окружающей среде, физическим или юридическим лицам, в случае загрязнения моря с его контрактной территории вне зависимости от вины недропользователя.

Статья 400. Экологические требования при обращении с серой, образующейся при проведении операций по разведке и (или) добыче углеводородов

1. Размещение и хранение в открытом виде серы технической газовой, образующейся при проведении операций по разведке и (или) добыче углеводородов, допускаются на специальных площадках, оборудованных в соответствии с экологическими и санитарно-эпидемиологическими требованиями, а также требованиями пожарной и промышленной безопасности.

2. При обращении с серой технической газовой должно быть обеспечено соблюдение экологических требований, предусмотренных правилами, утвержденными уполномоченным органом в области охраны окружающей среды.

Статья 401. Экологические требования при проектировании, прокладке и эксплуатации подводных трубопроводов и кабелей

1. Выбор месторасположения трассы, конструкции, оборудования, технологии и технических средств для строительства и эксплуатации каждого конкретного объекта должен производиться на альтернативной основе в целях уменьшения негативного воздействия на окружающую среду.

2. Запрещаются производство буровзрывных работ и сейсморазведка с пневматическими и другими детонирующими источниками возбуждения упругих волн (сейсмических сигналов) на расстоянии менее пятисот метров от трассы подводных трубопроводов и кабелей.

3. Запрещаются буксировка сейсмических кос и траление рыболовецкими судами с пересечением трасс подводных трубопроводов и кабелей.

4. Проектирование подлежащих строительству трубопроводов и сопутствующих инженерных сооружений должно обеспечить:

высокую степень их надежности, безопасности, защиты и контроля за их техническим состоянием;

возможность оперативного реагирования на непредвиденные ситуации;

оперативность и качество ремонтно-восстановительных работ;

минимальное негативное воздействие на окружающую среду.

5. Проект в обязательном порядке должен содержать самостоятельный раздел "Охрана окружающей среды", соответствующий требованиям строительных, санитарно-эпидемиологических норм и правил, а также инструктивным документам уполномоченного органа в области охраны окружающей среды.

6. Ответственность за полноту и достоверность проектно-сметной документации несут заказчик и разработчик проекта.

7. В проектах на прокладку трубопроводов необходимо предусматривать меры по их охране при сооружении и последующей эксплуатации. На каждом этапе строительства и при эксплуатации трубопроводов, транспортирующих углеводородное сырье и продукты его переработки, должны приниматься меры по защите и охране окружающей среды, а также трубопроводов, относящихся к объектам повышенного риска.

8. Места пересечения трубопроводов с судоходными реками и каналами должны обозначаться на берегах навигационными знаками. Навигационные знаки при строительстве магистрального трубопровода устанавливаются в соответствии с законодательством Республики Казахстан в области внутреннего водного транспорта.

9. Для исключения возможности повреждения трубопроводов при любом виде их прокладки устанавливаются охранные зоны:

вдоль подводных переходов – в виде участка водного пространства от водной поверхности до дна, заключенного между параллельными плоскостями, отстоящими от осей крайних ниток переходов на сто метров с каждой стороны;

вокруг технологических установок подготовки продукции к транспортировке, головных и промежуточных, перекачивающих и наливных насосных станций, резервуарных парков, компрессорных и газораспределительных станций, узлов измерения продукции, наливных и сливных эстакад, пунктов подогрева нефти и нефтепродуктов – в виде участка земли, ограниченного замкнутой линией, отстоящей от границ территории указанных объектов на сто метров во все стороны.

10. Материалы, координаты фактического положения трубопровода с привязкой охранных зон, входящих в его состав коммуникаций и объектов должны быть переданы в соответствующие местные исполнительные органы и Государственную корпорацию "Правительство для граждан" для внесения их в государственный земельный кадастр.

11. В охранных зонах трубопроводов запрещается производить действия, которые могут нарушить нормальную их эксплуатацию либо привести к повреждению:

перемещать, засыпать и ломать опознавательные навигационные знаки, контрольно-измерительные пункты;

открывать люки, калитки и двери необслуживаемых пунктов кабельной связи, ограждений узлов линейной арматуры, установки катодной и дренажной защиты, линейных и смотровых колодцев и других линейных устройств, открывать и закрывать краны и задвижки, отключать или включать средства связи, энергоснабжения и телемеханики трубопроводов;

устраивать свалки, выливать растворы кислот, солей и щелочей;

разрушать берегоукрепительные сооружения, водопропускные устройства, земляные и иные сооружения (устройства), предохраняющие трубопроводы от разрушения, а прилегающую территорию и окружающую местность – от аварийного разлива транспортируемой продукции;

бросать якоря, проходить с отданными якорями, цепями, лотами, волокушами и тралами, производить дноуглубительные и землечерпальные работы;

разводить огонь или размещать открытые или закрытые источники огня.

12. В охранных зонах трубопроводов без письменного разрешения собственника магистрального трубопровода запрещается производство любых работ, в том числе геолого-съемочных, геологоразведочных, поисковых, геодезических и других изыскательских работ, связанных с устройством скважин, шурфов и взятием проб грунта, а также взрывных работ. Письменное разрешение на производство взрывных работ в охранных зонах трубопроводов выдается только после представления организацией, производящей эти работы, соответствующих материалов, предусмотренных правилами обеспечения промышленной безопасности для опасных производственных объектов.

13. При аварийных разливах нефти и воды, содержащих сероводород, их следует немедленно после достижения безопасного для персонала, осуществляющего соответствующие работы, уровня содержания сероводорода собрать и на месте нейтрализовать или вывезти для захоронения.

14. В местах пересечения газо-, нефте-, конденсатопроводами железнодорожных и водных путей, автомобильных дорог, оврагов и других естественных препятствий, на углах поворотов, в пунктах возможного скопления людей, на технологических узлах газо-, нефте-, конденсатопроводов выставляются соответствующие знаки безопасности и надписи. Для перечисленных мест в проекте должны быть предусмотрены дополнительные мероприятия, исключающие или уменьшающие опасность выбросов, сливов, разливов.

Статья 402. Экологические требования к деятельности по производству, ввозу, вывозу, использованию и уничтожению стойких органических загрязнителей и хлорсодержащих отходов

1. Стойкие органические загрязнители – предусмотренные международными договорами, ратифицированными Республикой Казахстан, наиболее опасные органические соединения, устойчивые к разложению, характеризующиеся биоаккумуляцией и являющиеся объектом трансграничного переноса по воздуху, воде и мигрирующими видами, а также осаждающиеся на большом расстоянии от источника их выброса, накапливаясь в экосистемах суши и водных экосистемах, вызывающие разрушение иммунной, эндокринной систем живых организмов и различные заболевания, включая онкологические.

2. Стойкие органические загрязнители подлежат уничтожению экологически безопасным способом.

3. Запрещается использование технологий для уничтожения стойких органических загрязнителей и хлорсодержащих отходов без комплексной очистки отходящих газов. Комплексная очистка отходящих газов должна обеспечивать содержание диоксинов и фуранов в очищенных отходящих газах в концентрациях не выше 0,1 нанограмма на кубический метр.

4. В местах, связанных с производством и переработкой продовольствия или кормов, запрещается использование стойких органических загрязнителей.

5. Запрещаются производство и использование пестицидов, в составе которых имеются стойкие органические загрязнители, предусмотренные международными договорами Республики Казахстан. Экспорт и импорт данных веществ разрешаются только для целей их уничтожения.

6. Обращение со стойкими органическими загрязнителями регулируется правилами обращения со стойкими органическими загрязнителями и содержащими их отходами, утвержденными уполномоченным органом в области охраны окружающей среды.

7. Уполномоченный орган в области охраны окружающей среды обеспечивает реализацию международных договоров Республики Казахстан о стойких органических загрязнителях.

Статья 403. Экологические требования к осуществлению генно-инженерной деятельности, производству, применению и распространению продуктов современной биотехнологии

1. Под генетически модифицированным организмом понимается любой организм (в том числе микроорганизм), за исключением организма человека, обладающий новой комбинацией генетического материала, полученной благодаря использованию современной биотехнологии.

2. Под современной биотехнологией понимается применение:

1) методов in vitro с использованием нуклеиновых кислот, включая рекомбинантную дезоксирибонуклеиновую кислоту (ДНК) и прямую инъекцию нуклеиновых кислот в клетки или органеллы; или

2) методов, основанных на слиянии клеток организмов с разным таксономическим статусом, которые позволяют преодолеть естественные физиологические репродуктивные или рекомбинационные барьеры и не являются методами, традиционными для выведения и селекции.

3. Под микроорганизмом понимается любое микробиологическое образование, клеточное или неклеточное, которое способно к репликации или передаче генетического материала, включая вирусы, вироиды, животные и растительные клетки в культуре.

4. Под преднамеренным высвобождением генетически модифицированных организмов в окружающую среду понимается любая намеренная интродукция (выпуск) в окружающую среду генетически модифицированных организмов или комбинации генетически модифицированных организмов, для которой (которого) не используются какие-либо специальные меры изоляции (сдерживания) для ограничения контакта с генетически модифицированными организмами и обеспечения высокой степени безопасности населения в целом и окружающей среды.

При преднамеренном высвобождении генетически модифицированных организмов в окружающую среду должны соблюдаться следующие требования:

1) преднамеренное высвобождение генетически модифицированных организмов в окружающую среду в любом новом месте осуществляется только при наличии положительных заключений санитарно-эпидемиологической экспертизы и после внесения генетически модифицированных организмов в реестр (перечень) генетически модифицированных организмов и продуктов;

2) в процессе принятия решений в отношении преднамеренного высвобождения генетически модифицированных организмов в окружающую среду ни при каких обстоятельствах не может считаться конфиденциальной следующая информация: общее описание генетически модифицированного организма; наименование и адрес субъекта, планирующего осуществить преднамеренное высвобождение генетически модифицированных организмов в окружающую среду; место расположения участка, где планируется осуществить преднамеренное высвобождение генетически модифицированных организмов в окружающую среду; предполагаемые виды использования генетически модифицированных организмов; документация оценки воздействия на окружающую среду; заключения санитарно-эпидемиологической экспертизы; результаты участия общественности; содержание решения, санкционирующего преднамеренное высвобождение генетически модифицированных организмов в окружающую среду, и его обоснование;

3) должны быть обеспечены меры по недопущению неконтролируемого распространения генетически модифицированных организмов.

5. Под реализацией (размещением) генетически модифицированных организмов на рынке понимается предоставление генетически модифицированных организмов третьим сторонам за плату или бесплатно.

При первичной реализации (размещении) генетически модифицированных организмов на рынке должны соблюдаться следующие требования:

1) первичная реализация (размещение) генетически модифицированных организмов на рынке осуществляется только после проведения оценки экологических рисков и рисков для здоровья людей и внесения генетически модифицированных организмов в реестр (перечень) генетически модифицированных организмов и продуктов;

2) в процессе принятия решений в отношении первичной реализации (размещения) генетически модифицированных организмов на рынке ни при каких обстоятельствах не может считаться конфиденциальной следующая информация: общее описание генетически модифицированного организма; наименование и адрес субъекта, планирующего осуществить первичную реализацию (размещение) генетически модифицированных организмов на рынке; предполагаемые виды использования генетически модифицированных организмов; документация оценки экологических рисков и рисков для здоровья людей; описание мер, предусмотренных для предотвращения, снижения воздействия на окружающую среду и (или) здоровье людей, включая предложения по экологическому мониторингу; результаты участия общественности; содержание решения, санкционирующего первичную реализацию (размещение) генетически модифицированных организмов на рынке, и его обоснование;

3) должны быть обеспечены меры по недопущению неконтролируемого распространения генетически модифицированных организмов.

6. Под использованием генетически модифицированных организмов в замкнутых системах понимается любая деятельность, осуществляемая в пределах какого-либо предприятия, установки или иного физического объекта, связанная с генетически модифицированными организмами, в отношении которых используются специальные меры изоляции (сдерживания), эффективно ограничивающие их контакт с внешней средой и воздействие на нее.

При использовании генетически модифицированных организмов в замкнутых системах должны соблюдаться следующие требования:

1) создание новых штаммов микроорганизмов и выведение генетически модифицированных организмов осуществляются при наличии положительного заключения санитарно-эпидемиологической экспертизы, выданного в соответствии с Едиными санитарно-эпидемиологическими и гигиеническими требованиями к товарам, подлежащим санитарно-эпидемиологическому надзору (контролю), утвержденными решением комиссии Таможенного союза от 28 мая 2010 года № 299, о безопасности созданных новых штаммов микроорганизмов, в том числе генетически модифицированных микроорганизмов (отсутствие патогенности, вирулентности, токсичности и аллергенности);

2) в процессе принятия решений в отношении использования генетически модифицированных организмов в замкнутых системах ни при каких обстоятельствах не может считаться конфиденциальной следующая информация: общее описание генетически модифицированного организма; наименование и адрес субъекта, планирующего осуществить использование генетически модифицированных организмов в замкнутых системах; место расположения предприятия, установки или иного физического объекта, где планируется осуществить использование генетически модифицированных организмов в замкнутых системах; документация оценки воздействия на окружающую среду; заключения санитарно-эпидемиологической экспертизы; описание специальных мер изоляции (сдерживания); содержание плана мероприятий на случай непредвиденных (чрезвычайных) обстоятельств, связанных с непреднамеренным высвобождением генетически модифицированных организмов в окружающую среду и возникновением опасности причинения ущерба окружающей среде и (или) здоровью человека; результаты участия общественности; содержание решения, санкционирующего использование генетически модифицированных организмов в замкнутых системах, и его обоснование;

3) должны быть обеспечены меры по недопущению непреднамеренного высвобождения генетически модифицированных организмов в окружающую среду;

4) должен быть разработан план мероприятий на случай непредвиденных (чрезвычайных) обстоятельств, связанных с непреднамеренным высвобождением генетически модифицированных организмов в окружающую среду и возникновением опасности причинения ущерба окружающей среде и (или) здоровью человека.

7. Государственные органы в случае неминуемой угрозы деятельности, связанной с генетически модифицированными организмами, для окружающей среды и (или) здоровья населения в кратчайшие сроки распространяют среди заинтересованной общественности необходимую информацию, которая может предоставить ей возможность принять меры или уменьшить ущерб от такой угрозы.

8. Под генетически модифицированными продуктами понимаются продукты, в том числе сельскохозяйственная продукция, пищевые продукты и корма, технология производства которых предусматривает использование генетически модифицированных организмов на любом этапе.

Использование в Республике Казахстан генетически модифицированных продуктов допускается только в рамках перечня, утвержденного уполномоченным органом в области охраны окружающей среды и государственным органом в области санитарно-эпидемиологического благополучия населения.

9. Генетически модифицированные продукты вносятся в реестр (перечень) генетически модифицированных организмов и продуктов.

10. Маркировке в соответствии с техническими регламентами подлежат все пищевые продукты, корма и кормовые добавки, содержащие или состоящие, или полученные из генетически модифицированных организмов.

Целью маркировки является информирование потребителей о фактических свойствах продукта, корма или кормовой добавки.

Если маркировка невозможна или не требуется в соответствии с техническими регламентами, то информация о фактических свойствах генетически модифицированного продукта указывается в сопроводительных документах.

11. Сельскохозяйственные производители должны посредством маркировки информировать покупателя их урожая о том, что покупатель приобретает генетически модифицированный продукт, и вести реестр покупателей, которым они поставляют свою продукцию.

12. Государственные органы обеспечивают распространение информации о существующих требованиях к маркировке генетически модифицированных пищевых продуктов, кормов и кормовых добавок.

Система маркировки генетически модифицированных продуктов основана на возможности обнаружить генетически модифицированные дезоксирибонуклеиды или белки в конечном пищевом продукте.

13. Лицо, осуществляющее деятельность по производству и использованию генетических модифицированных продуктов и организмов, обязано:

1) пользоваться системами и процедурами определения откуда и куда поступают генетически модифицированные продукты;

2) по генетически модифицированным организмам, предназначенным к намеренному выпуску в окружающую среду, передать в уполномоченный орган в области охраны окружающей среды и государственный орган в сфере санитарно-эпидемиологического благополучия населения подробную информацию об их особенностях;

3) по генетически модифицированным организмам, предназначенным в пищу, корм или для переработки, передавать в уполномоченный орган в области охраны окружающей среды декларацию о том, что продукт должен использоваться только как пища, корм или для переработки, с описанием особенностей генетически модифицированных организмов, которые продукт может содержать;

4) в отношении пищевых продуктов и кормов, получаемых из генетически модифицированных организмов, информировать покупателей путем маркировки о том, что продукт получен из генетически модифицированных организмов;

5) сохранять информацию о производстве и использовании генетически модифицированных продуктов и организмов в течение пяти лет и предоставлять ее в уполномоченный орган в области охраны окружающей среды и государственный орган в области санитарно-эпидемиологического благополучия населения по их требованию.

РАЗДЕЛ 21. ЗОНЫ ЧРЕЗВЫЧАЙНОЙ ЭКОЛОГИЧЕСКОЙ СИТУАЦИИ И ЗОНЫ ЭКОЛОГИЧЕСКОГО БЕДСТВИЯ

Статья 404. Чрезвычайная экологическая ситуация и экологическое бедствие

1. Чрезвычайная экологическая ситуация – экологическая обстановка, возникшая на участке территории или акватории, где в результате антропогенной деятельности или естественных природных процессов происходят устойчивые негативные изменения окружающей среды, угрожающие жизни и (или) здоровью людей, состоянию естественных экологических систем, генетических фондов растений и животных.

Для целей настоящего пункта под угрозой здоровью населения понимается увеличение частоты обратимых нарушений здоровья, связанных с загрязнением окружающей среды.

2. Экологическое бедствие – экологическая обстановка, возникшая на участке территории, где в результате антропогенной деятельности или естественных природных процессов произошли глубокие необратимые изменения окружающей среды, повлекшие за собой существенное ухудшение здоровья населения, разрушение естественных экологических систем и (или) ухудшение состояния растительного и животного мира.

Для целей настоящего пункта под существенным ухудшением здоровья населения понимается увеличение количества необратимых и не совместимых с жизнью нарушений здоровья, изменений структуры причин смерти и появлений специфических заболеваний, вызванных загрязнением окружающей среды, а также существенное увеличение частоты обратимых нарушений здоровья, связанных с загрязнением окружающей среды.

3. Отнесение территории (акватории) к зоне чрезвычайной экологической ситуации или зоне экологического бедствия осуществляется в целях определения причин сложившейся экологической обстановки и разработки обоснованных неотложных мер по стабилизации и снижению степени экологического неблагополучия, снижению уровня воздействия антропогенной деятельности на окружающую среду, проведению оперативных мер по восстановлению окружающей среды и минимизации негативных последствий для жизни и (или) здоровья населения.

Статья 405. Порядок объявления отдельных территорий (акваторий) зоной чрезвычайной экологической ситуации или зоной экологического бедствия

1. В целях изучения территории (акватории), которую предполагается объявить зоной чрезвычайной экологической ситуации или зоной экологического бедствия, создается комиссия.

2. Создание комиссии вправе инициировать местные исполнительные органы и иные государственные органы в пределах своей компетенции на основании обращений:

1) жителей, проживающих на территории с предполагаемой неблагополучной экологической обстановкой;

2) депутатов Парламента Республики Казахстан и местных представительных органов;

3) некоммерческих организаций.

3. В состав комиссии входят депутаты местных представительных органов, представители уполномоченных органов в области охраны окружающей среды, образования и науки, здравоохранения, индустрии, торговли, энергетики и минеральных ресурсов, сельского хозяйства, труда и социальной защиты населения, в сфере гражданской защиты, местных исполнительных органов соответствующей административно-территориальной единицы и другие заинтересованные физические и юридические лица.

4. Комиссия осуществляет сбор и анализ материалов в целях определения:

1) экологического состояния территории;

2) причин возникновения неблагополучной экологической ситуации;

3) границ территории, подвергшейся той или иной степени деградации;

4) ущерба, возможности ухудшения предполагаемой неблагополучной экологической ситуации;

5) необходимых мер по устранению причин предполагаемой неблагополучной экологической ситуации;

6) средств, необходимых для ликвидации последствий неблагополучной экологической ситуации в целях устранения факторов, обусловивших ее возникновение;

7) видов антропогенной деятельности, обусловивших возникновение неблагополучной экологической ситуации.

5. В случае недостаточности имеющихся материалов комиссия вносит предложение в соответствующий государственный орган о необходимости проведения дополнительных исследований.

6. Материалы обследования территории с заключением уполномоченных органов в области здравоохранения, образования и науки передаются в уполномоченный орган в области охраны окружающей среды для проведения государственной экологической экспертизы.

7. В заключении государственной экологической экспертизы должен содержаться вывод о признании или непризнании территории зоной чрезвычайной экологической ситуации или зоной экологического бедствия.

8. На основании положительного заключения государственной экологической экспертизы уполномоченного органа в области охраны окружающей среды, а также заключений уполномоченных государственных органов в области здравоохранения, образования и науки территория объявляется:

1) зоной чрезвычайной экологической ситуации – решением уполномоченного органа в области охраны окружающей среды;

2) зоной экологического бедствия – законом Республики Казахстан.

9. В нормативных правовых актах, перечисленных в пункте 8 настоящей статьи, указываются:

1) границы зоны чрезвычайной экологической ситуации или зоны экологического бедствия;

2) сроки объявления зоны чрезвычайной экологической ситуации или зоны экологического бедствия;

3) правовой режим зоны чрезвычайной экологической ситуации или зоны экологического бедствия;

4) меры по стабилизации и снижению уровня неблагополучной экологической ситуации на соответствующей территории либо указание на необходимость их разработки;

5) порядок отнесения граждан к категории пострадавших вследствие чрезвычайной экологической ситуации или экологического бедствия и меры их социальной защиты.

10. Мероприятия по восстановлению (воспроизводству) природных ресурсов, улучшению качества окружающей среды, медицинской помощи населению разрабатываются и осуществляются дифференцированно.

Сноска. Статья 405 с изменениями, внесенными законами РК от 27.12.2021 № 87-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 406. Оценка экологической обстановки территорий

1. Оценка экологической обстановки территорий производится на основании основных видов критериев с использованием дополнительных или вспомогательных видов критериев.

2. Критерии оценки экологической обстановки территорий – совокупность показателей, характеризующих ухудшение состояния здоровья населения и качества окружающей среды.

3. Определение зоны чрезвычайной экологической ситуации или зоны экологического бедствия осуществляется по одному или нескольким основным и дополнительным показателям, отражающим более высокую степень неблагополучной экологической обстановки.

4. Критерии оценки экологической обстановки территорий устанавливаются уполномоченным органом в области охраны окружающей среды.

5. При разработке критериев оценки экологической обстановки территорий учитываются результаты общественного экологического контроля при их наличии.

Сноска. Статья 406 с изменением, внесенным Законом РК от 02.10.2023 № 31-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 407. Правовой режим зоны чрезвычайной экологической ситуации или зоны экологического бедствия

1. В случае установления на определенной территории правового режима зоны чрезвычайной экологической ситуации или зоны экологического бедствия могут вводиться следующие меры:

1) прекращение либо ограничение деятельности объектов, послужившей причиной возникновения неблагополучной экологической обстановки;

2) принятие оперативных мер по восстановлению (воспроизводству) компонентов природной среды, улучшению качества окружающей среды;

3) отселение населения из мест, опасных для проживания людей, с обязательным предоставлением им помещений для постоянного или временного проживания;

4) установление карантина и осуществление других обязательных санитарно-противоэпидемических мероприятий;

5) совершение необходимых действий по оказанию помощи животным в случае их заболевания, угрозы их гибели;

6) установление особого режима въезда и выезда, ограничение движения транспортных средств;

7) установление временного запрета строительства новых и расширения действующих предприятий и других объектов, деятельность которых не связана с ликвидацией чрезвычайной экологической ситуации или обеспечением жизнедеятельности населения;

8) ввод особого порядка распределения продуктов питания для пострадавших лиц вследствие неблагоприятной экологической обстановки;

9) запрет строительства и функционирования объектов, которые признаны представляющими повышенную экологическую опасность;

10) установление временного запрета на применение в деятельности особо опасных веществ (химических, радиоактивных, токсичных, взрывоопасных, горючих, биологических), средств защиты растений, совокупность свойств и (или) особенности состояния которых могут ухудшить экологическую ситуацию в такой зоне;

11) запрет на функционирование объектов оздоровительного, курортного назначения;

12) запрет или ограничение осуществления любой другой деятельности, которая представляет повышенную экологическую опасность для людей, растительного, животного мира и других природных объектов.

2. Государственные органы и местные исполнительные органы в пределах своей компетенции обеспечивают правовой режим в зоне чрезвычайной экологической ситуации или зоне экологического бедствия и выполнение мероприятий, предусмотренных соответствующим нормативным правовым актом, которым территория (акватория) была объявлена зоной чрезвычайной экологической ситуации или зоной экологического бедствия, и принятыми в соответствии с ним документами Системы государственного планирования в Республике Казахстан.

Статья 408. Возмещение вреда лицам, пострадавшим вследствие чрезвычайной экологической ситуации или экологического бедствия

Лица, пострадавшие вследствие чрезвычайной экологической ситуации или экологического бедствия, имеют право на возмещение причиненного им вреда, а также на социальную защиту в соответствии с законодательными актами Республики Казахстан.

Статья 409. Мониторинг экологической обстановки в зоне чрезвычайной экологической ситуации и зоне экологического бедствия

1. Мониторинг экологической обстановки включает в себя специальные наблюдения за состоянием окружающей среды и здоровья населения и соответствующие исследования.

2. Объектами мониторинга экологической обстановки в зоне чрезвычайной экологической ситуации и зоне экологического бедствия являются:

1) факторы, приведшие к возникновению чрезвычайной экологической ситуации или экологического бедствия;

2) негативные изменения состояния окружающей среды и здоровья населения на территории зоны чрезвычайной экологической ситуации или зоны экологического бедствия, а также на прилегающих к ним территориях, включая качество атмосферного воздуха, поверхностных и подземных вод, почв, радиологические показатели, а также биоразнообразие.

Статья 410. Прекращение действия правового режима зоны чрезвычайной экологической ситуации или зоны экологического бедствия

На основании положительного заключения государственной экологической экспертизы и материалов обследования, свидетельствующих о нормализации экологической обстановки, действие правового режима зоны чрезвычайной экологической ситуации может быть прекращено решением уполномоченного органа в области охраны окружающей среды, а действие правового режима зоны экологического бедствия – законом Республики Казахстан.

Сноска. Статья 410 - в редакции Закона РК от 19.04.2023 № 223-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 411. Ответственность за нарушение правового режима зоны чрезвычайной экологической ситуации или зоны экологического бедствия

Физические и юридические лица, государственные органы и должностные лица, виновные в нарушении правового режима зоны чрезвычайной экологической ситуации или зоны экологического бедствия, несут ответственность в соответствии с законами Республики Казахстан.

СПЕЦИАЛЬНАЯ ЧАСТЬ

РАЗДЕЛ 22. МЕЖДУНАРОДНОЕ СОТРУДНИЧЕСТВО РЕСПУБЛИКИ КАЗАХСТАН В ОБЛАСТИ ОХРАНЫ ОКРУЖАЮЩЕЙ СРЕДЫ

Статья 412. Принципы международного сотрудничества Республики Казахстан в области охраны окружающей среды

Республика Казахстан осуществляет международное сотрудничество в области охраны окружающей среды в соответствии с общепризнанными принципами и нормами международного права и международными договорами Республики Казахстан в области охраны окружающей среды.

Статья 413. Международные договоры Республики Казахстан в области охраны окружающей среды

1. Порядок заключения, выполнения, изменения и прекращения международных договоров в области охраны окружающей среды регулируется законодательством Республики Казахстан о международных договорах.

2. Реализация международных договоров в области охраны окружающей среды может включать:

1) разработку и утверждение плана необходимых действий по обеспечению их выполнения;

2) определение государственного органа, ответственного за обеспечение выполнения международного договора в области охраны окружающей среды;

3) проведение постоянного анализа эффективности участия Республики Казахстан в международных договорах в области охраны окружающей среды;

4) осуществление трансграничных процедур.

РАЗДЕЛ 23. ОТВЕТСТВЕННОСТЬ ЗА ЭКОЛОГИЧЕСКИЕ ПРАВОНАРУШЕНИЯ И РАЗРЕШЕНИЕ ЭКОЛОГИЧЕСКИХ СПОРОВ

Статья 414. Ответственность за экологические правонарушения

1. Нарушение требований экологического законодательства Республики Казахстан влечет ответственность, установленную законами Республики Казахстан.

2. Привлечение к административной или уголовной ответственности не освобождает виновных лиц от обязанности устранить допущенные ими нарушения требований экологического законодательства Республики Казахстан.

Статья 415. Разрешение экологических споров

1. Под экологическими спорами понимаются споры, возникающие в связи с нарушением или риском нарушения требований экологического законодательства Республики Казахстан.

2. Экологические споры подлежат урегулированию в порядке, установленном законодательными актами Республики Казахстан.

РАЗДЕЛ 24. ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ

Статья 416. Порядок введения в действие настоящего Кодекса

1. Настоящий Кодекс вводится в действие с 1 июля 2021 года, за исключением случаев, предусмотренных статьей 418 настоящего Кодекса.

2. Признать утратившим силу Экологический кодекс Республики Казахстан от 9 января 2007 года (Ведомости Парламента Республики Казахстан, 2007 г., № 1, ст.1; № 20, ст.152; 2008 г., № 21, ст.97; № 23, ст.114; 2009 г., № 11-12, ст.55; № 18, ст.84; № 23, ст.100; 2010 г., № 1-2, ст.5; № 5, ст.23; № 24, ст.146; 2011 г., № 1, ст.2, 3, 7; № 5, ст.43; № 11, ст.102; № 12, ст.111; № 16, ст.129; № 21, ст.161; 2012 г., № 3, ст.27; № 8, ст.64; № 14, ст.92, 95; № 15, ст.97; № 21-22, ст.124; 2013 г., № 9, ст.51; № 12, ст.57; № 14, ст.72, 75; 2014 г., № 1, ст.4; № 2, ст.10; № 7, ст.37; № 10, ст.52; № 12, ст.82; № 14, ст.84; № 19-I, 19-II, ст.96; № 21, ст.122; № 23, ст.143; № 24, ст.145; 2015 г., № 8, ст.42; № 11, ст.57; № 20-IV, ст.113; № 20-VII, ст.115; № 22-I, ст.141; № 22-II, ст.144; № 22-V, ст.156; 2016 г., № 1, ст.2; № 6, ст.45; № 7-II, ст.56, 57; № 8-II, ст.71, 72; № 24, ст.124; 2017 г., № 4, ст.7; № 7, ст.14; № 9, ст.17; № 12, ст.34; № 23-III, ст.111; № 23-V, ст.113; 2018 г., № 10, ст.32; № 19, ст.62; № 24, ст.93; 2019 г., № 7, ст.37; № 19-20, ст.86; № 21-22, ст.91; № 23, ст.103; 2020 г., № 10, ст.46; № 12, ст.61; Закон Республики Казахстан от 9 ноября 2020 года "О внесении изменений и дополнений в некоторые законодательные акты Республики Казахстан по вопросам энергетики, транспорта и государственных наград", опубликованный в газетах "Егемен Қазақстан" и "Казахстанская правда" 10 ноября 2020 г.).

Статья 417. Порядок применения настоящего Кодекса

Настоящий Кодекс применяется к правоотношениям, возникшим после введения его в действие.

Статья 418. Переходные положения

1. Уполномоченный орган в области охраны окружающей среды обеспечивает разработку и утверждение экологических нормативов качества не позднее 1 января 2024 года.

До утверждения экологических нормативов качества при регулировании соответствующих отношений вместо экологических нормативов качества применяются гигиенические нормативы, утвержденные государственным органом в сфере санитарно-эпидемиологического благополучия населения в соответствии с законодательством Республики Казахстан в области здравоохранения, а также нормативы состояния природных ресурсов, если такие нормативы установлены в соответствии с законодательством Республики Казахстан по соответствующему виду природных ресурсов (водным, лесным, земельным законодательством Республики Казахстан, законодательством Республики Казахстан об охране, воспроизводстве и использовании животного мира).

2. Положительные заключения государственной экологической экспертизы или комплексной вневедомственной экспертизы, выданные до 1 июля 2021 года, сохраняют свою силу в течение срока их действия. В отношении проектов намечаемой деятельности, по которым имеются действующие положительные заключения государственной экологической экспертизы или комплексной вневедомственной экспертизы, выданные до 1 июля 2021 года, проведение оценки воздействия на окружающую среду или скрининга воздействий намечаемой деятельности в соответствии с положениями настоящего Кодекса не требуется.

Оператор объекта I категории, который эксплуатируется на основании комплексного экологического разрешения, выданного до 1 июля 2021 года, вправе осуществлять корректировку нормативов предельно допустимых выбросов и сбросов загрязняющих веществ, нормативов размещения отходов, установленных в заключении государственной экологической экспертизы, на основании которого было выдано такое комплексное экологическое разрешение, путем разработки проекта нормативов эмиссий, проекта программы управления отходами в соответствии с настоящим Кодексом. Такие проекты нормативов эмиссий, проекты программы управления отходами являются объектами государственной экологической экспертизы для целей статьи 87 настоящего Кодекса. По таким проектам выдается заключение государственной экологической экспертизы.

Общие годовые лимиты выбросов, сбросов и захоронения отходов, которые обосновываются в проектных документах, указанных в части второй настоящего пункта, не должны превышать соответствующие общие годовые нормативы (лимиты), установленные в заключении государственной экологической экспертизы, на основании которого до 1 июля 2021 года было выдано комплексное экологическое разрешение.

3. Операторы объектов, введенных в эксплуатацию до 1 июля 2021 года, или объектов, не введенных в эксплуатацию, в отношении которых до 1 июля 2021 года выданы положительные заключения государственной экологической экспертизы или комплексной вневедомственной экспертизы, которые признавались субъектами специального природопользования в соответствии с Экологическим кодексом Республики Казахстан от 9 января 2007 года, обязаны не позднее 1 августа 2021 года подать в уполномоченный орган в области охраны окружающей среды заявление в целях отнесения соответствующих объектов к I, II, III и IV категориям в соответствии с положениями настоящего Кодекса.

Форма заявления, порядок его рассмотрения и определения категории объекта в соответствии с требованиями настоящего Кодекса утверждаются уполномоченным органом в области охраны окружающей среды.

4. Требования настоящего Кодекса об обязательном наличии комплексного экологического разрешения вводятся в действие с 1 января 2025 года и не распространяются на объекты I категории, введенные в эксплуатацию до 1 июля 2021 года, и на не введенные в эксплуатацию объекты I категории, по проектам которых до 1 июля 2021 года выдано положительное заключение государственной экологической экспертизы или комплексной вневедомственной экспертизы, за исключением случаев, предусмотренных частью третьей настоящего пункта.

В отношении объектов I категории, указанных в части первой настоящего пункта, обязательным является наличие экологического разрешения на воздействия, за исключением случаев добровольного получения комплексного экологического разрешения в соответствии с настоящим Кодексом, а также случаев, предусмотренных частью третьей настоящего пункта, пунктами 5 и 8 настоящей статьи. Выдача экологических разрешений на воздействия для таких объектов I категории осуществляется уполномоченным органом в области охраны окружающей среды.

Получение комплексного экологического разрешения является обязательным для объектов, указанных в части первой настоящего пункта, в случае их намечаемой реконструкции, проекты которой не имеют действующего положительного заключения государственной экологической экспертизы или комплексной вневедомственной экспертизы, выданного до 1 июля 2021 года. Под реконструкцией объекта I категории понимается существенное изменение назначения, технических и технологических характеристик или условий эксплуатации объекта путем его расширения, технического перевооружения, модернизации, переоборудования, перепрофилирования.

5. Комплексные экологические разрешения, выданные до 1 июля 2021 года в соответствии с Экологическим кодексом Республики Казахстан от 9 января 2007 года, в том числе указанные в них технологические удельные нормативы, сохраняют свою силу до 1 января 2031 года при условии их соответствия заключениям по наилучшим доступным техникам по соответствующим областям их применения.

Уполномоченный орган в области охраны окружающей среды с привлечением внутренних и внешних экспертов, обладающих необходимыми знаниями и опытом по существующим областям применения наилучших доступных техник, осуществляет оценку соответствия достигнутых результатов по итогам полной реализации программы внедрения наилучших доступных технологий по условиям комплексных экологических разрешений, выданных до 1 июля 2021 года, заключениям по наилучшим доступным техникам в порядке и сроки, которые установлены правилами выдачи экологических разрешений. По результатам такой оценки уполномоченный орган в области охраны окружающей среды выносит заключение о соответствии или несоответствии комплексного экологического разрешения заключениям по наилучшим доступным техникам по соответствующим областям их применения. Такое заключение в течение пяти рабочих дней после его вынесения подлежит опубликованию на официальном интернет-ресурсе уполномоченного органа в области охраны окружающей среды.

В течение шести месяцев с даты вынесения уполномоченным органом в области охраны окружающей среды заключения о несоответствии комплексного экологического разрешения заключениям по наилучшим доступным техникам по соответствующим областям их применения оператор объекта I категории согласовывает с уполномоченным органом в области охраны окружающей среды изменения в программе к такому комплексному экологическому разрешению, срок которой не может превышать шесть лет.

6. Подведомственная организация уполномоченного органа в области охраны окружающей среды, осуществляющая функции Бюро по наилучшим доступным техникам, обеспечивает разработку справочников по наилучшим доступным техникам по всем областям применения наилучших доступных техник до 1 июля 2023 года.

При разработке справочников по наилучшим доступным техникам в отношении действующих объектов I категории, предназначенных для очистки сточных вод с использованием централизованных систем водоотведения населенных пунктов или производства тепловой и (или) электрической энергии преимущественно в целях энергоснабжения населенных пунктов, должны дополнительно учитываться технические и технологические особенности таких объектов, а также экономические и социальные условия Республики Казахстан, обуславливающие техническую и экономическую доступность наилучших доступных техник для внедрения на указанных объектах I категории.

7. Уполномоченный орган в области охраны окружающей среды обеспечивает утверждение заключений по наилучшим доступным техникам по всем областям их применения не позднее 31 декабря 2023 года.

До утверждения Правительством Республики Казахстан заключений по наилучшим доступным техникам операторы объектов вправе при получении комплексного экологического разрешения и обосновании технологических нормативов ссылаться на справочники по наилучшим доступным техникам по соответствующим областям их применения, разработанные в рамках Европейского бюро по комплексному контролю и предотвращению загрязнений окружающей среды, а также на решения Европейской комиссии об утверждении заключений по наилучшим доступным техникам по соответствующим областям их применения.

Комплексные экологические разрешения, выданные в соответствии с частью второй настоящего пункта, действительны и сохраняют свою силу в течение срока их действия при условии соответствия заложенных в них технологических нормативов технологическим показателям, связанным с применением наилучших доступных техник, установленных в утвержденных заключениях по наилучшим доступным техникам по соответствующим областям их применения.

8. Разрешения на эмиссии в окружающую среду, нормативы эмиссий (далее – разрешения и документы), полученные до 1 июля 2021 года операторами, осуществляющими деятельность на объектах, отнесенных с 1 июля 2021 года к объектам I или II категории, действуют до истечения срока действия таких разрешений и документов либо до дня получения экологического разрешения в соответствии с настоящим Кодексом.

9. Операторы объектов, введенных в эксплуатацию до 1 июля 2021 года и отнесенных в соответствии с пунктом 3 настоящей статьи с даты введения в действие настоящего Кодекса к объектам III категории, обязаны представить декларацию о воздействии на окружающую среду в соответствии с настоящим Кодексом не позднее 31 декабря 2021 года.

10. Действие разрешений на эмиссии в окружающую среду, нормативов эмиссий, полученных операторами объектов, отнесенных в соответствии с пунктом 3 настоящей статьи к:

объектам III категории, – прекращается с даты подачи декларации о воздействии на окружающую среду в соответствии с настоящим Кодексом;

объектам IV категории, – прекращается с 1 июля 2021 года.

11. При невозможности соблюдения стационарным источником и (или) совокупностью стационарных источников, расположенных на действующем объекте I категории, нормативов эмиссий (при введении государством более строгих нормативов качества окружающей среды или целевых показателей качества окружающей среды) и (или) технологических нормативов, установленных в комплексном экологическом разрешении в соответствии с настоящим Кодексом, в качестве приложения к комплексному экологическому разрешению согласовывается программа повышения экологической эффективности на срок не более десяти лет. В отношении такого объекта I категории на период выполнения программы повышения экологической эффективности применяются нормативы эмиссий согласно экологическому разрешению и заключению государственной экологической экспертизы (при его наличии), действующим на дату подачи заявления на получение комплексного экологического разрешения. Такие нормативы эмиссий в случае, предусмотренном подпунктом 4) части первой пункта 2 статьи 119 настоящего Кодекса, применяются с учетом предусмотренных в программе повышения экологической эффективности показателей поэтапного снижения негативного воздействия на окружающую среду. По достижении каждого соответствующего показателя поэтапного снижения негативного воздействия на окружающую среду такой показатель становится обязательным нормативом для оператора.

При невозможности соблюдения стационарным источником и (или) совокупностью стационарных источников, расположенных на действующем объекте I или II категории, нормативов эмиссий (при введении государством более строгих нормативов качества окружающей среды или целевых показателей качества окружающей среды), установленных в экологическом разрешении на воздействие в соответствии с настоящим Кодексом, в качестве приложения к экологическому разрешению на воздействие согласовывается план мероприятий по охране окружающей среды. В отношении такого объекта на период выполнения плана мероприятий по охране окружающей среды применяются нормативы эмиссий согласно экологическому разрешению и заключению государственной экологической экспертизы (при его наличии), действующим на дату подачи заявления на получение экологического разрешения на воздействие. План мероприятий по охране окружающей среды должен содержать показатели снижения негативного воздействия на окружающую среду, которые должны быть достигнуты оператором объекта в период действия плана мероприятий по охране окружающей среды, и график поэтапного достижения таких показателей. По достижении каждого соответствующего показателя поэтапного снижения негативного воздействия на окружающую среду такой показатель становится обязательным нормативом для оператора.

Срок выполнения плана мероприятий по охране окружающей среды должен соответствовать сроку выдачи экологического разрешения на воздействие и не подлежит продлению.

Соблюдение установленных в комплексном экологическом разрешении в соответствии с настоящим Кодексом нормативов эмиссий и (или) технологических нормативов становится обязательным для оператора действующего объекта I категории с даты, следующей за датой завершения срока достижения соответствующих нормативов эмиссий, технологических нормативов.

Соблюдение установленных в экологическом разрешении на воздействие в соответствии с настоящим Кодексом нормативов эмиссий становится обязательным для оператора с даты, следующей за датой завершения срока достижения соответствующих нормативов эмиссий.

Под действующими объектами в настоящей статье понимаются объекты, введенные в эксплуатацию до введения в действие настоящего Кодекса.

12. В отношении объектов I или II категории, подлежащих окончательному выводу из эксплуатации в течение десяти лет для объектов I категории или трех лет для объектов II категории с даты введения в действие настоящего Кодекса в соответствии с утвержденным графиком, являющимся приложением к соответствующему экологическому разрешению, применяются нормативы эмиссий согласно действующему на 1 июля 2021 года разрешению на эмиссии в окружающую среду.

На период осуществления мероприятий по выводу объектов I или II категории из эксплуатации в соответствии с частью первой настоящего пункта включение мероприятий по достижению нормативов эмиссий в планы мероприятий по охране окружающей среды и разработка программ повышения экологической эффективности не требуются.

13. Для целей подпункта 3) пункта 5 статьи 22 настоящего Кодекса уполномоченный орган в области охраны окружающей среды утверждает соответствующие инструктивно-методические документы, в том числе методику расчета эмиссий тяжелых металлов и стойких органических загрязнителей, в срок не позднее 1 июля 2024 года.

14. Положения настоящего Кодекса в отношении проведения обязательной стратегической экологической оценки вводятся в действие с 1 января 2024 года.

15. В отношении действующих объектов I категории течение сроков, установленных пунктами 5 и 6 статьи 147 настоящего Кодекса, начинается с 1 июля 2021 года.

16. В отношении объектов, введенных в эксплуатацию до 1 июля 2021 года, требование настоящего Кодекса об обязательном наличии системы автоматизированного мониторинга эмиссий применяется с 1 января 2023 года.

17. В отношении действующих полигонов захоронения отходов металлургического передела, по которым до 1 июля 2021 года выданы положительные заключения государственной экологической экспертизы, применение требований подпунктов 1) и 2) пункта 1 статьи 353 настоящего Кодекса в части учета расстояния от границы полигона до жилых и рекреационных зон, водных объектов, земель сельскохозяйственного назначения и населенных пунктов, наличия подземных, поверхностных вод и их водоохранных зон и полос приостанавливается до 1 января 2036 года.

В отношении действующих объектов складирования отходов горнодобывающей промышленности, мест накопления и полигонов захоронения отходов металлургического передела, по которым до 1 июля 2021 года выданы положительные заключения государственной экологической экспертизы, применение требований подпунктов 1), 2), 3) и 5) пункта 5 статьи 238 настоящего Кодекса в части запрета размещения в населенных пунктах, расположения относительно водных объектов и их водоохранных зон, уровня стояния грунтовых вод, наличия слабофильтрующих грунтов, уклона на местности и инженерной противофильтрационной защиты приостанавливается до 1 января 2036 года.

Реконструкция (расширение) полигонов и объектов складирования отходов, указанных в частях первой и второй настоящего пункта, допускается после проведения оценки воздействия на окружающую среду, получения экологического разрешения (при наличии комплексного экологического разрешения – его пересмотра) и с учетом обязательства оператора по проведению мониторинга воздействия на окружающую среду, при выявлении негативного воздействия на окружающую среду – после согласования с уполномоченным органом в области охраны окружающей среды дополнительных мер по охране окружающей среды в целях исключения такого воздействия.

18. Углеродный бюджет на период с 2021 по 2025 годы разрабатывается и утверждается до 31 декабря 2021 года.

Периодом первого Национального плана углеродных квот, утверждаемого после 1 июля 2021 года, является период с 2022 по 2025 годы.

19. Субъекты предпринимательства, осуществляющие деятельность по переработке, обезвреживанию, утилизации и (или) уничтожению опасных отходов, обязаны получить лицензию в соответствии с пунктом 1 статьи 336 настоящего Кодекса до 31 декабря 2021 года.

Примечание ИЗПИ!
Статью 418 предусмотрено дополнить пунктом 20 в соответствии с Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 418 с изменениями, внесенными Законом РК от 05.07.2023 № 17-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Президент Республики Казахстан

К. ТОКАЕВ

Примечание ИЗПИ!
В приложение 1 предусмотрены изменения Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Приложение 1 к Экологическому кодексу Республики Казахстан от 2 января 2021 года № 400-VI ЗРК

Раздел 1. Перечень видов намечаемой деятельности и объектов, для которых проведение оценки воздействия на окружающую среду является обязательным

1. Энергетика:

1.1. нефтеперерабатывающие заводы (за исключением предприятий по производству исключительно смазочных материалов из сырой нефти);

1.2. газоперерабатывающие заводы;

1.3. установки для газификации и сжижения угля и битуминозных сланцев с производительностью 500 тонн в сутки и более;

1.4. установки по термической или химической переработке каменного угля или битуминозных сланцев, включая производство углерода путем высокотемпературной карбонизации (сухой перегонки) угля или электрографита путем обжига или графитизации;

1.5. тепловые электростанции и другие установки для сжигания топлива с тепловой мощностью 300 мегаватт (МВт) и более;

1.6. атомные электростанции и другие атомные реакторы, включая демонтаж или вывод из эксплуатации таких электростанций или реакторов (за исключением исследовательских установок для производства и конверсии делящихся и воспроизводящих материалов, максимальная мощность которых не превышает 1 киловатта (кВт) постоянной тепловой нагрузки);

1.7. установки для переработки облученного ядерного топлива;

1.8. установки, предназначенные:

1.8.1. для производства или обогащения ядерного топлива;

1.8.2. для обработки облученного ядерного топлива или высокорадиоактивных отходов;

1.8.3. для окончательного удаления облученного ядерного топлива;

1.8.4. исключительно для окончательного удаления радиоактивных отходов;

1.8.5. исключительно для долгосрочного хранения (запланированного на период более чем 10 лет) облученного ядерного топлива или радиоактивных отходов в других местах за пределами территории производственного объекта.

2. Недропользование:

2.1. добыча нефти и природного газа в коммерческих целях, при которой извлекаемое количество превышает 500 тонн в сутки в отношении нефти и 500 тыс. м³ в сутки в отношении газа;

2.2. карьеры и открытая добыча твердых полезных ископаемых на территории, превышающей 25 га, или добыча торфа, при которой территория превышает 150 га;

2.3. первичная переработка (обогащение) извлеченных из недр твердых полезных ископаемых;

2.4. объекты по добыче асбеста;

2.5. проведение работ по рекультивации нарушенных земель и других объектов недропользования.

3. Производство и обработка металлов:

3.1. установки для обжига или агломерации металлических руд (включая сульфидную руду);

3.2. интегрированные предприятия (комбинаты) по первичной выплавке чугуна и стали;

3.3. установки по производству нераскисленных цветных металлов из руды, концентратов или вторичных сырьевых материалов посредством металлургических, химических или электролитических процессов.

4. Переработка нерудных минеральных веществ:

4.1. объекты для обработки и преобразования асбеста и изделий, содержащих асбест:

4.1.1. для асбестоцементных изделий – с годовым производством более 20 тыс. тонн готовой продукции;

4.1.2. для фрикционных материалов – с годовым производством более 50 тонн готовой продукции;

4.1.3. для иного использования асбеста – потребление более 200 тонн в год.

5. Химическая промышленность:

5.1. интегрированные химические предприятия (заводы) – совокупность технологических установок, в которых несколько технологических этапов соединены и функционально связаны друг с другом для производства в промышленных масштабах следующих веществ с применением процессов химического преобразования:

5.1.1. основных органических химических веществ:

простых углеводородов (линейных или циклических, насыщенных или ненасыщенных, алифатических или ароматических);

кислородсодержащих углеводородов: спиртов, альдегидов, кетонов, карбоновых кислот, сложных эфиров, ацетатов, простых эфиров, перекисей, эпоксидных смол;

сернистых углеводородов;

азотных углеводородов: аминов, амидов, соединений азота, нитросоединений или нитратных соединений, нитрилов, цианатов, изоцианатов;

фосфорсодержащих углеводородов;

галогенизированных углеводородов;

органометаллических соединений;

основных пластических материалов (полимеров, синтетических волокон и волокон на базе целлюлозы);

синтетического каучука;

красок и пигментов;

поверхностно-активных веществ;

5.1.2. основных неорганических химических веществ:

газов: аммиака, хлора или хлористого водорода, фтора или фтористого водорода, оксидов углерода, соединений серы, оксидов азота, водорода, диоксида серы, хлорокиси углерода;

кислот: хромовой кислоты, фтористоводородной кислоты, фосфорной кислоты, азотной кислоты, хлористоводородной кислоты, серной кислоты, олеума, сернистой кислоты;

щелочей: гидроокиси аммония, гидроокиси калия, гидроокиси натрия;

солей: хлористого аммония, хлорноватокислого калия, углекислого калия, углекислого натрия, пербората, азотнокислого серебра;

неметаллов, оксидов металлов или других неорганических соединений: карбида кальция, кремния, карбида кремния;

5.1.3. фосфорных, азотных или калийных минеральных удобрений (простых или сложных удобрений);

5.1.4. пестицидов и биоцидов;

5.1.5. основных фармацевтических продуктов с применением биологических или химических процессов;

5.1.6. взрывчатых веществ.

6. Управление отходами:

6.1. объекты по удалению опасных отходов путем сжигания (инсинерации), химической обработки или захоронения на полигоне;

6.2. объекты по удалению неопасных отходов путем сжигания (инсинерации) или химической обработки с производительностью, превышающей 100 тонн в сутки.

7. Целлюлозно-бумажное производство:

7.1. промышленные установки для:

7.1.1. производства целлюлозы из древесины или аналогичных волокнистых материалов;

7.1.2. производства бумаги и картона с производственной мощностью 200 тонн в сутки и более.

8. Автомобильный, железнодорожный и воздушный транспорт:

8.1. строительство железнодорожных линий дальнего сообщения;

8.2. строительство аэропортов с длиной основной взлетно-посадочной полосы 2100 м и более;

8.3. строительство новых и (или) реконструкция существующих автомобильных дорог общего пользования I технической категории с непрерывной протяженностью 10 км и более.

9. Водный транспорт:

9.1. внутренние водные пути и порты для внутреннего судоходства, допускающие проход судов водоизмещением более 1350 тонн;

9.2. торговые порты, причалы для погрузки и разгрузки, связанные с береговыми и выносными портами (за исключением причалов паромных переправ), которые могут принимать суда водоизмещением более 1350 тонн.

10. Управление водными ресурсами:

10.1. работы по переброске водных ресурсов между речными бассейнами, при которых объем перебрасываемой воды превышает 100 млн м³ в год (за исключением переброски водопроводной питьевой воды);

10.2. плотины и другие объекты, предназначенные для удерживания или постоянного хранения воды, для которых новое или дополнительное количество задерживаемой или хранимой воды превышает 10 млн м³;

10.3. забор поверхностных и подземных вод или использование системы искусственного пополнения подземных вод с ежегодным объемом забираемой или пополняемой воды, эквивалентным или превышающим 10 млн м³;

10.4. установки для очистки сточных вод населенных пунктов с производительностью 30 тыс. м³ в сутки и более.

11. Интенсивное выращивание птицы или свиней:

11.1. более чем 50 тыс. голов для сельскохозяйственной птицы;

11.2. более чем 2 тыс. голов для свиней (весом более 30 кг);

11.3. более 750 голов для свиноматок.

12. Прочие виды деятельности:

12.1. трубопроводы для транспортировки газа, нефти или химических веществ диаметром более 800 мм и (или) протяженностью более 40 км;

12.2. установки для дубления кож и шкур, на которых объем переработки превышает 12 тонн обработанных продуктов в сутки;

12.3. строительство воздушных линий электропередачи с напряжением 220 киловольт и более и протяженностью более 15 км;

12.4. обработка и переработка с целью производства пищевых продуктов из:

12.4.1. животного сырья (помимо молока) с мощностью по производству готовой продукции, превышающей 75 тонн в сутки;

12.4.2. молока, количество которого превышает 200 тонн в сутки (средний показатель на ежегодной основе);

12.5. установки для удаления и (или) утилизации трупов животных или отходов животноводства с мощностью по переработке, превышающей 1 тонну в сутки;

12.6. установки для хранения нефти, нефтехимических или химических продуктов вместимостью в 200 тыс. тонн и более, а также подземное хранение природного газа с объемом активного хранения более 150 млн м³;

12.7. установки для поверхностной обработки веществ, предметов или продуктов с использованием органических растворителей, в частности для отделки, печати, покрытия, обезжиривания, гидроизолирования, калибровки, окраски, очистки или пропитки, с производственной мощностью более 150 кг в час или более 200 тонн в год.

Раздел 2. Перечень видов намечаемой деятельности и объектов, для которых проведение процедуры скрининга воздействий намечаемой деятельности является обязательным

1. Энергетика:

1.1. установки для газификации и сжижения угля, битуминозных сланцев, иных видов топлива с производительностью 50 тонн в сутки и более;

1.2. установки по переработке угля (каменного и бурого), за исключением термической и химической переработки каменного угля, с производительностью 1 млн тонн в год и более;

1.3. тепловые электростанции и другие установки для сжигания топлива с тепловой мощностью 50 мегаватт (МВт) и более;

1.4. промышленные установки для производства электрической энергии, пара и горячей воды с мощностью 50 мегаватт (МВт) и более;

1.5. гидроэлектростанции с общей установленной мощностью 50 мегаватт (МВт) и более или с установленной мощностью отдельной энергетической установки 10 мегаватт (МВт) и более;

1.6. сооружения для использования ветровой энергии для производства электроэнергии с высотой мачты, превышающей 50 метров (ветровые мельницы);

1.7. промышленное брикетирование каменного и бурого угля;

1.8. сооружения для обработки и хранения радиоактивных отходов.

2. Недропользование:

2.1. разведка и добыча углеводородов;

2.2. карьеры и открытая добыча твердых полезных ископаемых; открытая добыча угля более 100 тыс. тонн в год, добыча лигнита более 200 тыс. тонн в год;

2.3. разведка твердых полезных ископаемых с извлечением горной массы и перемещением почвы для целей оценки ресурсов твердых полезных ископаемых;

2.4. любые работы по старательству, производимые в руслах рек или на землях водного фонда с применением средств механизации;

2.5. добыча и переработка общераспространенных полезных ископаемых свыше 10 тыс. тонн в год;

2.6. подземная добыча твердых полезных ископаемых;

2.7. морская или речная добыча полезных ископаемых с выемкой грунта;

2.8. наземные промышленные сооружения для добычи каменного угля, нефти, природного газа и руд, а также горючих сланцев;

2.9. глубокое бурение (за исключением бурения для исследования устойчивости почвы), в частности:

2.9.1. бурение геотермальных скважин на глубину 200 м и более;

2.9.2. бурение для хранения ядерных отходов;

2.9.3. бурение для водоснабжения на глубину 200 м и более;

2.10. проведение работ по рекультивации нарушенных земель и других объектов недропользования.

3. Производство и обработка металлов:

3.1. установки для производства передельного чугуна или стали (первичная или вторичная плавка), включая непрерывную разливку с производительностью 2,5 тонны в час и более;

3.2. установки для обработки черных металлов:

3.2.1. станы горячей прокатки с мощностью, превышающей 20 тонн сырой стали в час;

3.2.2. кузнечные молоты, энергия которых превышает 50 килоджоулей (кДж) на молот, а потребляемая тепловая мощность превышает 20 мегаватт (МВт);

3.2.3. нанесение защитных распыленных металлических покрытий с подачей сырой стали, превышающей 2 тонны в час;

3.2.4. литье черных металлов с производственной мощностью, превышающей 20 тонн в сутки;

3.3. установки для:

3.3.1. выплавки, включая легирование, цветных металлов (за исключением драгоценных металлов), в том числе рекуперированных продуктов (рафинирование, литейное производство и т.д.), с плавильной мощностью, превышающей:

4 тонны в сутки – для свинца и кадмия;

20 тонн в сутки – для всех других цветных металлов;

3.3.2. поверхностной обработки металлов и пластических материалов с использованием электролитических или химических процессов, при которых объем используемых для обработки чанов превышает 30 м³;

3.4. предприятия по производству и промышленной сборке автомобилей;

3.5. предприятия по производству автомобильных двигателей;

3.6. верфи (судостроительные и судоремонтные производства);

3.7. предприятия по производству и ремонту самолетов, вертолетов;

3.8. предприятия по производству железнодорожных транспортных средств, цистерн;

3.9. производство железнодорожного оборудования;

3.10. цеха, в которых применяется формовка взрывом, с производственной площадью более 100 м².

4. Переработка нерудных минеральных веществ:

4.1. цементные заводы с производственной мощностью 15 тыс. тонн в год и более;

4.2. установки для производства цементного клинкера во вращающихся обжиговых печах с производственной мощностью, превышающей 500 тонн в сутки, или извести во вращающихся обжиговых печах с производственной мощностью, превышающей 50 тонн в сутки, или в других печах с производственной мощностью, превышающей 50 тонн в сутки;

4.3. предприятия по производству асбеста и изготовлению изделий из асбеста;

4.4. установки для производства стекла и стекловолокна с плавильной мощностью 20 тонн в сутки и более;

4.5. установки по плавлению минеральных веществ, включая производство минеральных волокон, с плавильной мощностью 20 тонн в сутки и более;

4.6. установки для производства керамических продуктов путем обжига, в частности кровельной черепицы, кирпича, огнеупорного кирпича, керамической плитки, каменной керамики или фарфоровых изделий, с производственной мощностью, превышающей 75 тонн в сутки и более, и (или) с использованием обжиговых печей с плотностью садки на одну печь, превышающей 300 кг/м³.

5. Химическая промышленность:

5.1. переработка химических полуфабрикатов, производство химических продуктов (химикатов), фармацевтических продуктов, за исключением производства фармацевтических солей калия (хлористого, сернокислого, поташа), лаков, эластомеров и пероксидов, с производственной мощностью 200 тонн в год и более;

5.2. установки для уничтожения взрывчатых веществ, боеприпасов, оружия и пиротехнических изделий с применением химических процессов;

5.3. химические установки, в которых химические или биологические процессы используются для производства белковых кормовых добавок, ферментов и других белковых веществ.

6. Управление отходами:

6.1. объекты, на которых осуществляются операции по удалению или восстановлению опасных отходов, с производительностью 500 тонн в год и более;

6.2. установки для сжигания коммунальных отходов с производительностью, превышающей 3 тонны в час;

6.3. полигоны, на которые поступает более 10 тонн неопасных отходов в сутки, или с общей емкостью, превышающей 25 тыс. тонн, исключая полигоны инертных отходов;

6.4. объекты, на которых осуществляются операции по удалению неопасных отходов, с производительностью, превышающей 50 тонн в сутки;

6.5. объекты, на которых осуществляются операции по удалению или восстановлению неопасных отходов, с производительностью, превышающей 2500 тонн в год;

6.6. хвостохранилища;

6.7. производство строительных материалов из отходов, образующихся на тепловых электростанциях;

6.8. площадки для хранения железного лома и (или) подлежащих утилизации транспортных средств на территории, превышающей 1 тыс. м², или в количестве свыше 1 тыс. тонн в год;

6.9. мусоросортировочные предприятия с производственной мощностью свыше 10 тыс. тонн в год;

6.10. открытые и закрытые склады опасных отходов, содержащих стойкие органические загрязнители, сильнодействующие ядовитые вещества, с площадью хранилищ более 100 м².

7. Транспорт:

7.1. строительство аэропортов и аэродромов;

7.2. строительство автомобильных дорог протяженностью 1 км и более и (или) с пропускной способностью 1 тыс. автомобилей в час и более;

7.3. трамвайные и надземные линии, метрополитены, подвесные линии или другие подобные линии, используемые исключительно или преимущественно для перевозки пассажиров;

7.4. строительство внутренних водных путей, прокладка каналов и работы по предотвращению наводнений;

7.5. строительство водных портов и портовых сооружений, включая рыбацкие гавани.

8. Управление водными ресурсами:

8.1. работы по переброске водных ресурсов между бассейнами и речными системами, при которых объем перебрасываемой воды превышает 5 млн м³ в год (за исключением переброски водопроводной питьевой воды);

8.2. плотины и другие сооружения, предназначенные для задерживания или постоянного хранения воды, где новый или дополнительный объем задерживаемой или хранимой воды превышает 100 тыс. м³;

8.3. забор поверхностных и подземных вод или системы искусственного пополнения подземных вод с ежегодным объемом забираемой или пополняемой воды, эквивалентным или превышающим 250 тыс. м³;

8.4. работы в прибрежной зоне водных объектов, направленные на борьбу с эрозией, строительство дамб, молов, пристаней и других охранных сооружений, исключая обслуживание и реконструкцию таких сооружений;

8.5. сооружения для очистки сточных вод с мощностью свыше 5 тыс. м³ в сутки.

9. Целлюлозно-бумажная и деревообрабатывающая промышленность:

9.1. промышленные предприятия по производству бумаги и картона с производительностью 20 тонн в сутки и более;

9.2. производство древесно-стружечных и древесноволокнистых плит с использованием синтетических смол в качестве связующих материалов с производительностью 200 м³ в сутки.

10. Прочие виды деятельности:

10.1. трубопроводы и промышленные сооружения для транспортировки нефти, химических веществ, газа, пара и горячей воды длиной более 5 км;

10.2. передача электроэнергии воздушными линиями электропередачи от 110 киловольт (кВт);

10.3. животноводческие хозяйства:

10.3.1. объекты по разведению сельскохозяйственной птицы (5 тыс. голов и более);

10.3.2. по выращиванию и разведению свиней (500 голов и более), свиноматок (100 голов и более);

10.3.3. по разведению крупного рогатого скота (1500 голов и более);

10.3.4. по разведению овец (15 тыс. голов и более);

10.4. наземные хранилища видов органического топлива вместимостью свыше 10 тыс. тонн;

10.5. хранилища природного газа вместимостью свыше 10 тыс. м³;

10.6. установки для предварительной обработки (промывки, отбеливания, мерсеризации), окрашивания волокна или текстиля, на которых объем обрабатываемых материалов превышает 10 тонн в сутки;

10.7. предприятия по дублению шкур и кож;

10.8. бойни с мощностями по переработке туш от 10 тонн в сутки;

10.9. мясоперерабатывающие предприятия (мясокомбинаты), включая базы для предубойного содержания скота в пределах до трехсуточного запаса скотосырья, с производительностью свыше 5 тыс. тонн продукции в год;

10.10. упаковка и консервирование мяса животных и растительных продуктов с производительностью свыше 100 тыс. тонн в год;

10.11. предприятия по производству рыбной муки и рыбьего жира (свыше 5 тыс. тонн продукции в год);

10.12. производство растительных и животных масел и жиров от 20 тыс. тонн в год;

10.13. пивоварение и соложение свыше 1500 л в сутки;

10.14. производство пищевого спирта свыше 5 тыс. л в сутки;

10.15. предприятия по промышленному производству крахмала (свыше 50 тыс. тонн продукции в сутки);

10.16. сахарные заводы с производительностью свыше 150 тыс. тонн продукции в год;

10.17. производство кондитерских изделий и сиропов с производительностью свыше 10 тыс. тонн продукции в год;

10.18. производство молочных продуктов свыше 5 тыс. л в сутки;

10.19. установки для ликвидации трупов животных; скотомогильники с захоронением трупов животных в ямах;

10.20. клееварочные предприятия, изготавливающие клей из остатков кожи, полевой и свалочной кости и других животных отходов и отбросов;

10.21. производство технического желатина из кости, мездры, остатков кожи и других животных отходов и отбросов с хранением их на складе;

10.22. утильзаводы по переработке трупов павших животных, рыбы, их частей и других животных отходов и отбросов (превращение в жиры, корм для животных, удобрения);

10.23. заводы костеобжигательные и костемольные;

10.24. первоначальное лесонасаждение и сведение леса с целью преобразования земельных участков для другого типа землепользования;

10.25. хранилища навоза и помета от 1 тонны в сутки;

10.26. производство фенолформальдегидных прессованных материалов, прессованных и намоточных изделий из бумаги, ткани на основе фенолформальдегидных смол;

10.27. производство или обработка полимеров, эластомеров, синтетических каучуков, изделий на основе эластомеров с производительностью свыше 1 тыс. тонн в год;

10.28. места разгрузки апатитного концентрата, фосфоритной муки, цемента и других пылящих грузов при грузообороте более 150 тыс. тонн в год;

10.29. места перегрузки и хранения жидких химических грузов и сжиженных газов (метана, пропана, аммиака и других), производственных соединений галогенов, серы, азота, углеводородов (метанола, бензола, толуола и других), спиртов, альдегидов и других химических соединений;

10.30. зачистные и промывочно-пропарочные станции, дезинфекционно-промывочные объекты, пункты зачистки судов, цистерн, приемно-очистные сооружения, предназначенные для приема балластных и промывочно-нефтесодержащих вод со специализированных плавсборщиков;

10.31. размещение объектов и осуществление любых видов деятельности на особо охраняемых природных территориях, в их охранных и буферных зонах.

11. Туризм и досуг:

11.1. лодочные станции, рассчитанные на более чем 25 судов водоизмещением свыше 1 тонны;

11.2. тематические парки на площади более 2 га;

11.3. горнолыжные курорты, рекреационные комплексы, отельные комплексы (и связанные с ними объекты) на площади более 1 га.

12. Деятельность по преднамеренному высвобождению генетически модифицированных организмов в окружающую среду в любом новом месте, использованию генетически модифицированных организмов в замкнутых системах.

13. Виды намечаемой деятельности, указанные в разделе 1 настоящего приложения, которые предназначены исключительно или преимущественно для развития и испытания новых методов или изделий.

Примечание. При совпадении видов или объектов деятельности в разделах 1 и 2 настоящего приложения к разделу 2 относятся виды и объекты деятельности, имеющие характеризующие их количественные показатели ниже пороговых значений, указанных в разделе 1 настоящего приложения.

Примечание ИЗПИ!
В приложение 2 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Приложение 2 к Экологическому кодексу Республики Казахстан от 2 января 2021 года № 400-VI ЗРК

Виды намечаемой деятельности и иные критерии, на основании которых осуществляется отнесение объектов, оказывающих негативное воздействие на окружающую среду, к объектам I, II или III категорий

Раздел 1. Виды намечаемой деятельности и иные критерии, на основании которых осуществляется отнесение объектов, оказывающих негативное воздействие на окружающую среду, к объектам I категории

1. Энергетика:

1.1. сжигание топлива, за исключением газа, на станциях с общей номинальной тепловой мощностью 50 мегаватт (МВт) и более;

1.2. энергопроизводящие станции, работающие на газе, с мощностью более 500 мегаватт (МВт);

1.3. разведка и добыча углеводородов, переработка углеводородов;

1.4. производство кокса;

1.5. газификация или сжижение:

1.5.1. угля;

1.5.2. других видов топлива в установках с общей номинальной тепловой мощностью 20 мегаватт (МВт) и более.

2. Производство и обработка металлов:

2.1. обжиг или спекание металлической руды (включая сульфидную руду);

2.2. производство чугуна или стали (первичное или вторичное плавление), включая непрерывное литье, с производительностью, превышающей 2,5 тонны в час;

2.3. обработка черных металлов:

2.3.1. эксплуатация станов горячей прокатки с производительностью, превышающей 20 тонн сырой стали в час;

2.3.2. эксплуатация кузнечных молотов с мощностью энергии, превышающей 50 килоджоулей (кДж) на молот, где потребляемая тепловая мощность превышает 20 мегаватт (МВт);

2.3.3. нанесение защитных распыленных металлических покрытий с подачей сырой стали, превышающей 2 тонны в час;

2.4. литье черных металлов с производственной мощностью, превышающей 20 тонн в сутки;

2.5. производство и переработка цветных металлов:

2.5.1. производство нераскисленных цветных металлов из руды, концентратов или вторичных сырьевых материалов посредством металлургических, химических или электролитических процессов;

2.5.2. выплавка, включая легирование, цветных металлов, в том числе рекуперированных продуктов, и эксплуатация литейных предприятий цветных металлов с плавильной мощностью, превышающей:

4 тонны в сутки – для свинца и кадмия;

20 тонн в сутки – для всех других цветных металлов;

2.6. поверхностная обработка металлов и пластических материалов с использованием электролитических или химических процессов в технологических ваннах суммарным объемом 30 м³ и более.

3. Минеральная промышленность:

3.1. добыча и обогащение твердых полезных ископаемых, за исключением общераспространенных полезных ископаемых;

3.2. производство цемента, извести и оксида магния:

3.2.1. производство цементного клинкера во вращающихся печах с производственной мощностью, превышающей 500 тонн в сутки, или в других печах с производительностью, превышающей 50 тонн в сутки;

3.2.2. производство извести в печах с производственной мощностью, превышающей 50 тонн в сутки;

3.2.3. производство оксида магния в печах с производственной мощностью, превышающей 50 тонн в сутки;

3.3. производство асбеста или производство продуктов на основе асбеста;

3.4. производство стекла, включая стекловолокно, с плавильной мощностью более 20 тонн в сутки;

3.5. плавление минеральных веществ, включая производство минеральных волокон, с плавильной мощностью, превышающей 20 тонн в сутки;

3.6. производство керамических изделий путем обжига, в частности кровельной черепицы, кирпича, огнеупорного кирпича, керамической плитки, каменной керамики или фарфора, с производственной мощностью, превышающей 75 тонн в сутки, и (или) с мощностью обжиговых печей, превышающей 4 м³, и плотностью садки на обжиговую печь, превышающей 300 кг/м³.

4. Химическая промышленность:

4.1. промышленное производство органических химических веществ:

простых углеводородов (линейных или циклических, насыщенных или ненасыщенных, алифатических или ароматических);

кислородсодержащих углеводородов: спиртов, альдегидов, кетонов, карбоновых кислот, сложных эфиров, ацетатов, простых эфиров, перекисей, эпоксидных смол;

сернистых углеводородов;

азотных углеводородов: аминов, амидов, соединений азота, нитросоединений или нитратных соединений, нитрилов, цианатов, изоцианатов;

фосфорсодержащих углеводородов;

галогенизированных углеводородов;

органометаллических соединений;

основных пластических материалов (полимеров, синтетических волокон и волокон на базе целлюлозы);

синтетического каучука;

красок и пигментов;

поверхностно-активных веществ;

4.2. промышленное производство неорганических веществ:

газов: аммиака, хлора или хлористого водорода, фтора или фтористого водорода, оксидов углерода, соединений серы, оксидов азота, водорода, диоксида серы, хлорокиси углерода;

кислот: хромовой кислоты, фтористоводородной кислоты, фосфорной кислоты, азотной кислоты, хлористоводородной кислоты, серной кислоты, олеума, сернистой кислоты;

щелочей: гидроокиси аммония, гидроокиси калия, гидроокиси натрия;

солей: хлористого аммония, хлорноватокислого калия, углекислого калия, углекислого натрия, пербората, азотнокислого серебра;

неметаллов, оксидов металлов или других неорганических соединений: карбида кальция, кремния, карбида кремния;

4.3. промышленное производство фосфорных, азотных или калийных минеральных удобрений (простых или сложных удобрений);

4.4. промышленное производство пестицидов и биоцидов;

4.5. промышленное производство фармацевтических продуктов, за исключением производства фармацевтических солей калия (хлористого, сернокислого, поташа);

4.6. промышленное производство взрывчатых веществ.

5. Пищевая промышленность:

5.1. эксплуатация скотобоен с производительностью более 50 тонн в сутки;

5.2. обработка и переработка, кроме исключительно упаковки, следующего сырья, ранее обработанного или необработанного, предназначенного для производства пищевых продуктов или кормов из:

5.2.1. только животного сырья (кроме исключительно молока) с производственной мощностью более 75 тонн в сутки;

5.2.2. только растительного сырья с производственной мощностью более 300 тонн в сутки или 600 тонн в сутки, когда установка работает не более 90 суток подряд в любом году;

5.2.3. сырья животного и растительного происхождения, как в виде комбинированных, так и раздельных продуктов, с мощностью производства готовой продукции в тоннах в сутки, превышающей 75, если "A" равно 10 и более, либо определяемой по формуле: 300 – (22,5 × "A"), если "А" менее 10,

где "А" – доля животного материала (в процентах от веса) в производстве готового продукта.

Упаковка не должна быть включена в окончательный вес продукта.

Подпункт 5.2.3 пункта 5.2 не применяется, если в качестве сырья используется только молоко;

5.3. только обработка и переработка молока, когда количество получаемого молока превышает 200 тонн в сутки (среднее значение за год).

6. Управление отходами:

6.1. удаление и (или) восстановление опасных отходов с производительностью, превышающей 10 тонн в сутки, включающие в себя одну или несколько из следующих операций:

6.1.1. биологическую обработку отходов;

6.1.2. физико-химическую обработку отходов;

6.1.3. смешивание отходов до передачи на другой вид деятельности из указанных в пунктах 6.1 и 6.2;

6.1.4. переупаковку перед передачей на виды деятельности, указанные в пунктах 6.1 и 6.2;

6.1.5. регенерацию растворителей;

6.1.6. рециркуляцию (регенерацию) неорганических материалов, кроме металлов или их соединений;

6.1.7. регенерацию кислот или оснований;

6.1.8. восстановление компонентов, используемых для борьбы с загрязнением;

6.1.9. извлечение компонентов из катализаторов;

6.1.10. переработку масел или другие виды повторного использования масел;

6.1.11. размещение в поверхностных прудах;

6.2. удаление или восстановление отходов на мусоросжигательных заводах или на установках совместного сжигания отходов:

6.2.1. для неопасных отходов – с производительностью, превышающей 3 тонны в час;

6.2.2. для опасных отходов – с производительностью, превышающей 10 тонн в сутки;

6.3. удаление неопасных отходов с производительностью, превышающей 50 тонн в сутки, включающее в себя одну или несколько из следующих операций:

6.3.1. биологическую обработку отходов;

6.3.2. физико-химическую обработку отходов;

6.3.3. предварительную обработку отходов для последующего сжигания;

6.3.4. обработку шлаков и золы;

6.3.5. обработку в измельчителях металлических отходов, в том числе отходов электрического и электронного оборудования, а также транспортных средств с истекшим сроком эксплуатации и их компонентов;

6.4. восстановление и (или) удаление неопасных отходов с производительностью, превышающей 75 тонн в сутки, включающие в себя одну или несколько из следующих операций:

6.4.1. биологическую обработку отходов;

6.4.2. предварительную обработку отходов для последующего сжигания;

6.4.3. обработку шлаков и золы;

6.4.4. обработку в измельчителях металлических отходов, в том числе отходов электрического и электронного оборудования, а также транспортных средств с истекшим сроком эксплуатации и их компонентов.

Если единственным видом осуществляемой деятельности по обработке отходов из указанных в пунктах 6.3 и 6.4 является анаэробное разложение, то пороговое значение для этой деятельности составляет 100 тонн в сутки;

6.5. полигоны, на которые поступает более 10 тонн отходов в сутки, или с общей мощностью, превышающей 25 тыс. тонн, исключая полигоны инертных отходов;

6.6. накопление опасных отходов, не включенных в пункт 6.5, в ожидании какого-либо вида деятельности из перечисленных в пунктах 6.1, 6.2, 6.5 и 6.7 в количестве, превышающем 50 тонн на площадке, где образуются отходы, за исключением накопления в ожидании сбора;

6.7. подземное хранение опасных отходов с общей вместимостью более 50 тонн.

7. Прочие виды деятельности:

7.1. производство в промышленных установках:

7.1.1. целлюлозы из древесины или других волокнистых материалов;

7.1.2. бумаги или картона с производительностью, превышающей 20 тонн в сутки;

7.1.3. одного или несколько из следующих видов древесных плит: ориентированная стружечная плита, древесно-стружечная или древесноволокнистая плита (с производственной мощностью, превышающей 600 м³ в сутки);

7.2. предварительная обработка (стирка, отбеливание, мерсеризация) или крашение текстильных волокон или текстиля, когда мощность обработки превышает 10 тонн в сутки;

7.3. дубление шкур и кож, при котором мощность обработки превышает 12 тонн готовой продукции в сутки;

7.4. удаление или переработка туш животных или отходов животноводства с мощностью обработки более 10 тонн в сутки;

7.5. интенсивное выращивание птицы или свиней:

7.5.1. более 50 тыс. голов – для сельскохозяйственной птицы;

7.5.2. более 2 тыс. голов – для свиней (весом более 30 кг);

7.5.3. более 750 голов – для свиноматок;

7.6. поверхностная обработка веществ, предметов или продуктов, в частности для отделки, печати, нанесения покрытия, обезжиривания, гидроизоляции, проклейки, окраски, очистки или пропитки, с использованием органических растворителей, расход которых составляет более 150 кг в час или более 200 тонн в год;

7.7. производство углерода или электрографита путем сжигания или графитизации;

7.8. улавливание выбросов диоксида углерода с объектов I категории для целей его геологического хранения в недрах;

7.9. консервирование древесины и изделий из древесины химическими веществами с производительностью, превышающей 75 м³ в сутки, кроме обработки в целях исключения древесной синевы;

7.10. комплексы очистных сооружений сточных вод, сбрасываемых объектами I категории, кроме очистки коммунальных стоков;

7.11. сооружения для очистки сточных вод централизованных систем водоотведения (канализации) производительностью 20 тыс. м³ в сутки и более;

7.12. эксплуатация ядерных установок, в том числе атомных станций (за исключением исследовательских ядерных установок нулевой мощности);

7.13. добыча урановой и ториевой руд, обогащение урановых и ториевых руд, производство ядерного топлива;

7.14. эксплуатация:

7.14.1. радиационных источников (за исключением радиационных источников, содержащих в своем составе только радионуклидные источники четвертой и пятой категорий радиационной опасности) при условии наличия на объекте источников выбросов и сбросов радиоактивных веществ в окружающую среду;

7.14.2. пунктов хранения ядерных материалов и радиоактивных веществ, пунктов хранения, хранилищ радиоактивных отходов, пунктов захоронения радиоактивных отходов.

Раздел 2. Виды намечаемой деятельности и иные критерии, на основании которых осуществляется отнесение объектов, оказывающих негативное воздействие на окружающую среду, к объектам II категории

1. Энергетика:

1.1. обеспечение электрической энергией, газом и паром с использованием оборудования с установленной электрической мощностью менее 50 мегаватт (МВт);

1.2. производство газа путем газификации и (или) сжижения видов твердого топлива, за исключением угля, в установках с общей номинальной тепловой мощностью менее 20 мегаватт (МВт);

1.3. энергопроизводящие станции, работающие на газе, с мощностью 10 мегаватт (МВт) и более.

2. Производство и обработка металлов:

2.1. металлургическое производство с использованием оборудования:

2.1.1. для производства чугуна или стали (первичной или вторичной плавки), включая установки непрерывной разливки (с производительностью менее 2,5 тонны в час);

2.1.2. для обработки черных металлов с использованием станов горячей прокатки (с проектной производительностью менее 20 тонн сырой стали в час);

2.1.3. для нанесения защитных распыленных металлических покрытий с подачей сырой стали менее 2 тонн в час;

2.1.4. для литейного производства черных металлов с производительностью менее 20 тонн в сутки;

2.1.5. для плавки, включая легирование, рафинирование и разливку цветных металлов (с проектной производительностью плавки менее 4 тонн в сутки для свинца и кадмия или менее 20 тонн в сутки для других металлов);

2.2. поверхностная обработка металлов и пластических материалов с использованием электролитических или химических процессов в технологических ваннах суммарным объемом менее 30 м³.

3. Минеральная промышленность:

3.1. производство:

3.1.1. цементного клинкера во вращающихся печах с производственной мощностью, не превышающей 500 тонн в сутки, или в других печах с производительностью, не превышающей 50 тонн в сутки;

3.1.2. извести (негашеной, гашеной) в печах с производственной мощностью менее 50 тонн в сутки;

3.1.3. оксида магния в печах с производственной мощностью менее 50 тонн в сутки;

3.1.4. стекла и изделий из стекла, включая стекловолокно, с плавильной мощностью менее 20 тонн в сутки;

3.1.5. неметаллической минеральной продукции с использованием оборудования для расплава минеральных веществ, включая производство минеральных волокон с плавильной мощностью не более 20 тонн в сутки;

3.1.6. огнеупорных керамических изделий и строительных керамических материалов с проектной мощностью менее 1 млн штук в год;

3.1.7. керамических или фарфоровых изделий, кроме огнеупорных керамических изделий и строительных керамических материалов, с производственной мощностью, не превышающей 75 тонн в сутки, и (или) с использованием обжиговых печей с плотностью садки на одну печь, не превышающей 300 кг/м³.

4. Пищевая промышленность:

4.1. производство:

4.1.1. мяса и мясопродуктов с производственной мощностью не более 75 тонн готовой продукции в сутки;

4.1.2. растительных и животных масел и жиров (с проектной производительностью менее установленных подпунктами 5.2.2 и 5.2.3 пункта 5.2 раздела 1 настоящего приложения);

4.1.3. продукции из картофеля, фруктов и овощей (с проектной производительностью не менее 300 тонн готовой продукции в сутки (среднеквартальный показатель);

4.1.4. молочной продукции (с проектной мощностью менее 200 тонн перерабатываемого молока в сутки (среднегодовой показатель).

5. Объекты транспорта и инфраструктуры:

5.1. порты, расположенные на внутренних водных путях (допускающие проход судов водоизмещением 1350 тонн и более);

5.2. морские порты;

5.3. объекты, предназначенные для приема, отправки воздушных судов и обслуживания воздушных перевозок (при наличии взлетно-посадочной полосы длиной 2100 м и более);

5.4. объекты инфраструктуры железнодорожного транспорта.

6. Управление отходами:

6.1. объекты по захоронению опасных отходов;

6.2. объекты, на которых осуществляются операции по удалению или восстановлению опасных отходов, с производительностью 250 тонн в год и более;

6.3. объекты, на которых осуществляются операции по обезвреживанию опасных отходов;

6.4. объекты, на которых осуществляются операции по обеззараживанию, обезвреживанию и (или) уничтожению биологических и медицинских отходов;

6.5. установки для сжигания коммунальных отходов с производительностью, не превышающей 3 тонн в час;

6.6. объекты, на которых осуществляются операции по удалению неопасных отходов, с производительностью, не превышающей 50 тонн в сутки;

6.7. объекты, на которых осуществляются операции по удалению или восстановлению неопасных отходов, с производительностью, превышающей 2500 тонн в год;

6.8. производство строительных материалов из отходов тепловых электростанций;

6.9. мусоросортировочные предприятия с производственной мощностью свыше 10 тыс. тонн в год;

6.10. площадки хранения железного лома и (или) подлежащих утилизации транспортных средств на территории, превышающей 1 тыс. м², или в количестве свыше 1 тыс. тонн;

6.11. отвалы, образующиеся при добыче твердых полезных ископаемых (кроме общераспространенных полезных ископаемых) или при добыче торфа, старательстве;

6.12. накопление опасных отходов массой, превышающей 5 тонн, за исключением накопления в ожидании сбора, на площадке, где образуются отходы;

6.13. открытые и закрытые склады опасных отходов, содержащих стойкие органические загрязнители, сильнодействующие ядовитые вещества, с площадью хранилищ более 100 м².

7. Прочие виды деятельности:

7.1. производство бумаги и картона (с производительностью, не превышающей 20 тонн в сутки);

7.2. производство текстильных изделий с использованием оборудования для промывки, отбеливания, мерсеризации, окрашивания текстильных волокон и (или) отбеливания, окрашивания текстильной продукции (с производительностью, не превышающей 10 тонн обработанного сырья в сутки);

7.3. производство кожи и изделий из кожи с использованием оборудования для дубления, крашения, выделки шкур и кож (с проектной мощностью обработки не более 12 тонн готовой продукции в сутки);

7.4. разведение сельскохозяйственной птицы (5 тыс. голов и более);

7.5. выращивание и разведение свиней (500 голов и более), свиноматок (100 голов и более);

7.6. разведение крупного рогатого скота (1500 голов и более);

7.7. разведение овец (15 тыс. голов и более);

7.8. обработка поверхностей предметов или продукции с использованием органических растворителей, проектное потребление которых составляет не более 200 тонн в год;

7.9. производство искусственного графита способами, исключающими сжигание и графитизацию;

7.10. очистка сточных вод централизованных систем водоотведения (канализации) с объемом сточных вод менее 20 тыс. м³ сутки;

7.11. добыча и переработка общераспространенных полезных ископаемых свыше 10 тыс. тонн в год;

7.12. разведка твердых полезных ископаемых с извлечением горной массы и перемещением почвы для целей оценки ресурсов твердых полезных ископаемых;

7.13. транспортировка по магистральным трубопроводам газа, продуктов переработки газа, нефти и нефтепродуктов;

7.14. производство сырой нефти из горючих (битуминозных) сланцев и песка;

7.15. складирование и хранение (наземное или подземное):

7.15.1. нефти и продуктов ее переработки (с проектной вместимостью 200 тыс. тонн и более);

7.15.2. пестицидов и агрохимикатов (с проектной вместимостью 50 тонн и более);

7.16. производство изделий из бетона для использования в строительстве, включая производство силикатного кирпича с использованием автоклавов (с проектной мощностью 1 млн штук в год и более);

7.17. производство строительных, дноуглубительных и взрывных работ, добыча полезных ископаемых, прокладка кабелей, трубопроводов и других коммуникаций, выполнение буровых, сельскохозяйственных и иных работ в пределах зоны влияния сгонно-нагонных колебаний уровня Каспийского моря;

7.18. любые виды деятельности с осуществлением сброса загрязняющих веществ в окружающую среду.

8. Деятельность объекта, который является:

8.1. портом, расположенным на внутренних водных путях (допускающим проход судов водоизмещением 1350 тонн и более);

8.2. морским портом;

8.3. объектом, предназначенным для приема, отправки воздушных судов и обслуживания воздушных перевозок (при наличии взлетно-посадочной полосы длиной 2100 м и более);

8.4. объектом инфраструктуры железнодорожного транспорта.

Примечание. При совпадении видов или объектов деятельности в разделах 1 и 2 настоящего приложения к разделу 2 относятся виды и объекты деятельности, имеющие характеризующие их количественные показатели ниже пороговых значений, указанных в разделе 1 настоящего приложения.

Раздел 3. Виды намечаемой деятельности и иные критерии, на основании которых осуществляется отнесение объектов, оказывающих негативное воздействие на окружающую среду, к объектам III категории

1. Виды деятельности и объекты:

1) производство тукосмесей;

2) производство по переработке фторопластов;

3) производство бумаги из готовой целлюлозы и тряпья;

4) производство глицерина;

5) производство галалита и других белковых пластиков (аминопластов и других);

6) производство эмалей на конденсационных смолах;

7) производство мыла;

8) производство солеваренное и солеразмольное;

9) производство фармацевтических солей калия (хлористого, сернокислого, поташа);

10) производство естественных минеральных красок (мела, охры и других);

11) производство дубильного экстракта;

12) производство полиграфических красок;

13) производство фотохимическое (фотобумаги, фотопластинок, фото- и кинопленки);

14) производство товаров бытовой химии из готовых исходных продуктов и склады для их хранения;

15) производство олифы;

16) производство медицинского стекла (без применения ртути);

17) производство по переработке пластмасс (литье, экструзия, прессование, вакуум-формование);

18) производство полиуретанов;

19) производство готовых лекарственных форм (без изготовления составляющих);

20) производство бумаги из макулатуры;

21) фабрики химической чистки одежды с мощностью свыше 160 кг в сутки;

22) производство изделий из пластмасс и синтетических смол (механическая обработка);

23) производство углекислоты и сухого льда;

24) производство искусственного жемчуга;

25) производство спичек;

26) производство кабеля освинцованного или с резиновой изоляцией;

27) цехи по ремонту дорожных машин, автомобилей, кузовов, подвижного состава железнодорожного транспорта и метрополитена;

28) производство металлических электродов;

29) шрифтолитейное производство (без выбросов свинца);

30) полиграфическое производство;

31) фабрики офсетной печати;

32) типографии с применением свинца в производстве;

33) производство по сборке локомотивов и электровозов;

34) производство глиняных изделий;

35) стеклодувное производство, производство зеркал, шлифовка и травка стекол;

36) механическая обработка мрамора;

37) производство бетона и бетонных изделий;

38) производство бондарных изделий из готовой клепки;

39) производство рогожно-ткацкое;

40) производство по консервированию древесины солевыми и водными растворами (без солей мышьяка), суперобмазкой;

41) судостроительные верфи для изготовления деревянных судов (катеров, лодок);

42) объекты столярно-плотничные, мебельные, паркетные, ящичные;

43) котонинное производство;

44) коконоразварочное и шелкоразмоточное производства;

45) меланжевое производство;

46) предприятия пенько-джутокрутильные, канатные, шпагатные, веревочные и по обработке концов;

47) производство искусственного каракуля;

48) производство обуви;

49) производство пряжи и тканей из хлопка, льна, шерсти при отсутствии красильных и отбельных цехов;

50) производство трикотажа и кружев;

51) производство ковров;

52) производство обувного картона на кожевенном и кожевенно-целлюлозном волокне без применения растворителей;

53) шпульно-катушечное производство;

54) производство обоев;

55) производство изделий из выделанной кожи;

56) производство щеток из щетины и волоса;

57) производство валяльное;

58) производство кондитерское с производительностью более 3 тонн в сутки;

59) производство сахарорафинадное;

60) производство макаронных изделий (с производительностью более 1 тонны в сутки);

61) хлебозаводы и хлебопекарное производство (с производительностью более 3 тонн в сутки);

62) промышленные установки для низкотемпературного хранения пищевых продуктов емкостью более 600 тонн;

63) заводы виноградного сока;

64) заводы фруктовых и овощных соков и безалкогольных напитков;

65) мельницы с производительностью от 0,5 до 2 тонн в час;

66) объекты малой мощности (мини-производство): по переработке мяса, молока – до 3 тонн в сутки, рыбы – до 3 тонн в сутки;

67) мелиоративные объекты с использованием животноводческих стоков;

68) животноводческие хозяйства:

по выращиванию и разведению свиней от 100 голов и более (свиноматок от 10 голов и более);

по разведению крупного рогатого скота от 150 голов и более;

по разведению сельскохозяйственной птицы от 500 голов и более;

по разведению лошадей от 150 голов и более;

по разведению верблюдов от 150 голов и более;

по разведению овец и коз от 600 голов и более;

зверофермы – от 100 голов и более;

69) объекты по обслуживанию автомобилей (легковых автомобилей, кроме принадлежащих гражданам; автобусов, кроме автобусов городского транспорта);

70) троллейбусные и трамвайные парки;

71) ветлечебницы с содержанием животных, виварии, питомники, кинологические центры, пункты передержки животных;

72) автозаправочные станции по заправке транспортных средств жидким и газовым моторным топливом;

73) объекты по отведению сточных вод на поля фильтрации, рельеф местности, в подземные горизонты с объемом отводимой воды более 5 тыс. м³ в сутки;

74) сооружения по очистке ливневых стоков;

75) склады и открытые места разгрузки зерна;

76) склады и открытые места разгрузки поваренной соли;

77) транспортно-технические схемы перегрузки и хранения апатитового концентрата фосфоритной муки, цемента и других пылящих грузов, перевозимых навалом, с применением складских элеваторов и пневмотранспортных или других установок и хранилищ, исключающих вынос пыли во внешнюю среду;

78) открытые склады и места для перегрузки увлажненных минерально-строительных материалов (песка, гравия, щебня, камня и других);

79) участки хранения и места для перегрузки прессованного жмыха, сена, соломы, табачно-махорочных изделий и других.

2. Иные критерии.

Осуществление любого вида деятельности, соответствующего одному или нескольким из следующих критериев:

1) наличие на объекте стационарных источников эмиссий, масса загрязняющих веществ в выбросах в атмосферный воздух которых составляет 10 тонн в год и более;

2) использование на объекте установок по обеспечению электрической энергией, газом и паром с применением оборудования с проектной тепловой мощностью 2 Гкал/час и более;

3) накопление на объекте 10 тонн и более неопасных отходов и (или) 1 тонны и более опасных отходов.

Примечания.

1. Под производством в настоящем разделе понимается предпринимательская деятельность по серийному производству товаров, работ и (или) оказанию услуг. Положения настоящего раздела не распространяются на производство товаров, работ и (или) оказание услуг физическими лицами для личных бытовых целей и на субъектов малого предпринимательства, в том числе субъектов микропредпринимательства, осуществляющих производство товаров, работ и (или) оказание услуг разово или в малом объеме по индивидуальным заказам с превалирующей долей ручного труда.

2. При совпадении видов или объектов деятельности в разделах 2 и 3 настоящего приложения к разделу 3 относятся виды и объекты деятельности, имеющие характеризующие их количественные показатели ниже пороговых значений, указанных в разделе 2 настоящего приложения.

	Приложение 3 к Экологическому кодексу Республики Казахстан от 2 января 2021 года № 400-VI ЗРК

Перечень областей применения наилучших доступных техник

1. Виды деятельности:

1) добыча и обогащение железных руд, производство чугуна, стали и ферросплавов, производство изделий дальнейшего передела черных металлов;

2) добыча и обогащение руд цветных металлов, производство цветных металлов;

3) добыча нефти и природного газа;

4) производство кокса и нефтепродуктов, переработка природного газа;

5) добыча и обогащение угля и антрацита;

6) производство электрической и тепловой энергии через сжигание топлива;

7) обезвреживание отходов, в том числе термическими способами;

8) захоронение отходов;

9) производство целлюлозы, древесной массы, бумаги, картона;

10) производство основных органических химических веществ;

11) производство продукции тонкого органического синтеза;

12) производство полимеров;

13) производство основных неорганических химических веществ (аммиака);

14) производство неорганических кислот, минеральных удобрений;

15) производство твердых и других неорганических химических веществ (оксидов, гидроксидов, солей);

16) производство специальных неорганических химикатов;

17) производство прочих основных неорганических химических веществ;

18) обработка поверхностей, предметов или продукции с использованием органических растворителей;

19) нанесение покрытий на металлы и пластмассы с использованием электролитических или химических процессов;

20) производство стекла, керамических изделий;

21) производство цемента, извести, оксида магния;

22) производство текстильных изделий (промывка, отбеливание, мерсеризация);

23) крашение текстильных волокон, отбеливание, крашение текстильной продукции;

24) дубление, крашение, выделка шкур и кож;

25) интенсивное разведение свиней, сельскохозяйственной птицы;

26) убой животных на мясокомбинатах, мясохладобойнях;

27) производство пищевых продуктов, напитков, молока и молочной продукции;

28) очистка сточных вод централизованных систем водоотведения населенных пунктов.

2. Технологические процессы, оборудование, технические способы и методы, применяемые при осуществлении различных видов деятельности:

1) сокращение объемов выбросов загрязняющих веществ, сбросов загрязняющих веществ при хранении и складировании товаров (грузов);

2) системы обработки (обращения) сточных вод и отходящих газов в химической промышленности;

3) промышленные системы охлаждения;

4) обращение с вскрышными и вмещающими горными породами;

5) очистка сточных вод и выбросов загрязняющих веществ при производстве продукции (товаров), проведении работ и оказании услуг на предприятиях.

	Приложение 4 к Экологическому кодексу Республики Казахстан от 2 января 2021 года № 400-VI ЗРК

Типовой перечень мероприятий по охране окружающей среды

1. Охрана атмосферного воздуха:

1) ввод в эксплуатацию, ремонт и реконструкция пылегазоочистных установок, предназначенных для улавливания, обезвреживания (утилизации) вредных веществ, выделяющихся в атмосферу от технологического оборудования и аспирационных систем;

2) монтажные работы, связанные с рационализацией тепловых систем, в том числе с рекуперацией тепловой энергии, рециркуляцией дымовых газов со сбросом в горелку, отечественным производством энергетического оборудования с высоким коэффициентом полезного действия и использованием альтернативных, экологически чистых источников энергии;

3) выполнение мероприятий по предотвращению и снижению выбросов загрязняющих веществ от стационарных и передвижных источников;

4) внедрение наилучших доступных техник на коммунальных теплоэлектростанциях и теплоэлектроцентралях;

5) внедрение оборудования, установок и устройств очистки, по утилизации попутных газов, нейтрализации отработанных газов, подавлению и обезвреживанию выбросов загрязняющих веществ и их соединений в атмосферу от стационарных и передвижных источников загрязнения;

6) установка катализаторных конверторов для очистки выхлопных газов в автомашинах, использующих в качестве топлива неэтилированный бензин с внедрением присадок к топливу, снижающих токсичность и дымность отработанных газов, оснащение транспортных средств, работающих на дизельном топливе, нейтрализаторами выхлопных газов, перевод автотранспорта, расширение использования электрической тяги;

7) принятие мер, направленных на предотвращение загрязнения окружающей среды при транспортировании, хранении и использовании химических средств защиты растений, минеральных удобрений и других препаратов;

8) оптимизация технологического процесса, обеспечивающая снижение выбросов загрязняющих веществ при добыче полезных ископаемых, производстве взрывных работ, размещении и эксплуатации терриконов, отвалов и свалок;

9) проведение работ по пылеподавлению на горнорудных и теплоэнергетических предприятиях, объектах недропользования и строительных площадках, в том числе хвостохранилищах, шламонакопителях, карьерах и внутрипромысловых дорогах;

10) внедрение и совершенствование технических и технологических решений (включая переход на другие (альтернативные) виды топлива, сырья, материалов), позволяющих снижение негативного воздействия на окружающую среду;

11) приобретение современного оборудования, замена и реконструкция основного оборудования, обеспечивающих эффективную очистку, утилизацию, нейтрализацию, подавление и обезвреживание загрязняющих веществ в газах, отводимых от источников выбросов, демонтаж устаревших котлов с высокой концентрацией вредных веществ в дымовых газах;

12) внедрение технологических решений, обеспечивающих оптимизацию режимов сгорания топлива (изменение качества используемого топлива, структуры топливного баланса), снижение токсичных веществ (включая соединения свинца, окислы азота) в выбросах загрязняющих веществ в атмосферу, в том числе для передвижных источников;

13) внедрение мероприятий, направленных на сокращение объемов выбросов парниковых газов и (или) увеличение поглощений парниковых газов;

14) снижение использования озоноразрушающих веществ путем применения озонобезопасных веществ;

15) внедрение систем автоматического мониторинга выбросов вредных веществ на источниках и качества атмосферного воздуха на границе жилой санитарно-защитной зоны;

16) повышение эффективности работы существующих пылегазоулавливающих установок (включая их модернизацию, реконструкцию) и их оснащение контрольно-измерительными приборами с внедрением систем автоматического управления;

17) строительство, модернизация постов наблюдений за состоянием атмосферного воздуха с расширением перечня контролируемых загрязняющих веществ за счет приобретения современного оборудования и внедрения локальной сети передачи информации в уполномоченный орган в области охраны окружающей среды и его территориальные подразделения.

2. Охрана водных объектов:

1) организация мероприятий и строительство очистных устройств, обеспечивающих улучшение качественного состава отводимых вод, реализация программ по увеличению эффективности работы малых резервных емкостей в составе локальных очистных сооружений (аккумулирующих емкостей, отстойников, сооружений и устройств для аэрации воды, экранов для задержания пестицидов);

2) внедрение наилучших доступных техник на очистных сооружениях;

3) регулирование стока малых рек, расчистка их русел или ложа водоема, осуществление регулярных попусков воды для обеспечения оптимальной жизнедеятельности экосистем в бассейнах малых рек и озер, а также иные мероприятия по предотвращению заиливания, поддержанию оптимального гидрологического режима и санитарного состояния малых рек и озер;

4) модернизация производственных процессов с целью уменьшения объемов сбросов сточных вод в природные водные объекты, направленная на предотвращение загрязнения и снижение негативного воздействия;

5) осуществление комплекса технологических, гидротехнических, санитарных и иных мероприятий, направленных на предотвращение засорения, загрязнения и истощения водных ресурсов;

6) строительство, реконструкция, модернизация:

установок по очистке и доочистке сточных вод, переработке жидких отходов и кубовых остатков;

очистных установок и систем канализации для предприятий, расположенных на водосборной площади водоемов, а также на территориях, имеющих статус национальных парков, курортов;

систем водоснабжения с замкнутыми циклами, включая системы гидрозолоудаления и гидроудаления шламов, оборотных систем производственного назначения и повторного использования воды, в том числе поступающей от других предприятий;

специальных регулирующих водохранилищ, за исключением водохранилищ для гидротехнических и иных производственных целей;

установок по очистке грунтовых и подземных вод, подвергшихся техногенному загрязнению;

установок по очистке хозяйственно-бытовых и промышленных сточных вод с системой их транспортировки и очистки до установленных нормативов допустимого сброса для действующих предприятий;

очистных сооружений, основанных на использовании механических, биологических и физико-химических методов очистки, сооружений доочистки сточных вод, приемников и выпусков сточных вод;

сетей для транспортировки дренажных, шахтных и ливневых вод, хозяйственно-бытовых, производственных и сельскохозяйственных сточных вод и гидрошламовых отходов, хвостов флотации (шламонакопителей, отстойников, золоотвалов, прудов-испарителей);

7) ликвидация заброшенных и бездействующих скважин, тампонаж или перевод на крановый регулируемый режим самоизливающихся артезианских скважин;

8) восстановление и реконструкция аварийных водохозяйственных сооружений и гидромелиоративных систем, очистка до нормативного качества и повторное использование для технологических целей дренажных и ливневых вод, хозяйственно-бытовых и производственных сточных вод путем строительства оборотных систем водоснабжения и локальных очистных сооружений, осуществление мероприятий по сокращению использования вод питьевого назначения на технические нужды;

9) ликвидация накопителей сточных вод, очагов загрязнения подземных вод, исторического загрязнения и источников негативного влияния на водные ресурсы, демеркуризация области загрязнения для снижения негативных последствий их воздействия на водные объекты;

10) расширение сети мониторинга количественно-качественных характеристик в бассейнах трансграничных рек;

11) внедрение систем автоматического мониторинга качества потребляемой и сбрасываемой воды;

12) выполнение мероприятий по предотвращению загрязнения поверхностных и подземных вод от хвостохранилищ, шахт и штолен;

13) строительство, модернизация постов наблюдений за состоянием поверхностных вод с расширением перечня контролируемых загрязняющих веществ за счет приобретения современного оборудования и внедрения локальной сети передачи информации в уполномоченный орган в области охраны окружающей среды и его территориальные подразделения;

14) проведение мероприятий, направленных на предотвращение загрязнения подземных вод вследствие межпластовых перетоков нефти, воды и газа, при освоении и последующей эксплуатации скважин, а также утилизации отходов производства и сточных вод.

3. Охрана от воздействия на прибрежные и водные экосистемы:

1) внедрение мероприятий по охране водной среды от последствий природного характера, обусловленных колебанием уровня моря, или аварий, возникающих в результате антропогенной деятельности, выполнение охранных мероприятий по консервации затопленных скважин в прибрежной зоне Каспийского моря;

2) строительство, реконструкция, модернизация установок и оборудования:

по сбору нефти, мазута, мусора и других жидких и твердых отходов с акваторий рек, водоемов, портов;

береговых сооружений для приема с судов хозяйственно-бытовых и других сточных вод, а также мусора для утилизации, складирования и очистки;

3) консервация или полная ликвидация находящихся на суше источников загрязнения, продолжающих оказывать негативное воздействие на водные объекты;

4) выполнение мероприятий по проведению берегоукрепительных работ рек и водоемов.

4. Охрана земель:

1) инвентаризация и ликвидация бесхозяйных производственных объектов, загрязняющих окружающую среду;

2) мероприятия по рациональному использованию земельных ресурсов, зонированию земель, а также проведение работ по оценке их состояния;

3) рекультивация деградированных территорий, нарушенных и загрязненных в результате антропогенной деятельности земель: восстановление, воспроизводство и повышение плодородия почв и других полезных свойств земли, своевременное вовлечение ее в хозяйственный оборот, снятие, сохранение и использование плодородного слоя почвы при проведении работ, связанных с нарушением земель;

4) защита земель от истощения, деградации и опустынивания, негативного воздействия водной и ветровой эрозии, селей, оползней, подтопления, затопления, заболачивания, вторичного засоления, иссушения и уплотнения, загрязнения отходами, химическими, биологическими, радиоактивными и другими вредными веществами;

5) строительство, реконструкция, модернизация противоэрозионных гидротехнических сооружений, создание защитных лесных полос, закрепление оврагов, террасирование крутых склонов;

6) ликвидация исторического загрязнения, локализация и демеркуризация источников загрязнения земельных ресурсов;

7) выполнение мероприятий, направленных на восстановление естественного природного плодородия или увеличение гумуса почв.

5. Охрана недр:

1) внедрение мероприятий по предотвращению загрязнения недр при проведении работ по недропользованию, подземном хранении нефти, газа, захоронении вредных веществ и отходов производства, сбросе сточных вод в недра;

2) инвентаризация, консервация и ликвидация источников негативного воздействия на недра.

6. Охрана животного и растительного мира:

1) охрана лесных экосистем, проведение мероприятий по увеличению лесистости, лесоохотоустройство, учет и биологическое обоснование продуктивности лесов и животного мира, поддержание оптимального биоразнообразия лесных экосистем;

2) сохранение и поддержание биологического и ландшафтного разнообразия на территориях, находящихся под охраной (ландшафтных парков, парковых комплексов и объектов историко-культурного наследия), имеющих национальное и международное значение;

3) проведение мероприятий по сохранению естественных условий функционирования природных ландшафтов и естественной среды обитания, принятие мер по предотвращению гибели находящихся под угрозой исчезновения или на грани вымирания видов (подвидов, популяций) растений и животных;

4) строительство национального хранилища генетических ресурсов растений и животных, сохранение биоразнообразия, всего многообразия микроорганизмов, растительного и животного мира, а также естественных экосистем, предотвращение и недопущение вредного влияния антропогенной деятельности на условия их функционирования;

5) воспроизводство диких животных (проведение биотехнических мероприятий, в том числе расселение диких зверей и птиц, создание питомников и ферм по разведению диких животных и птиц, а также заготовка кормов для их жизнедеятельности);

6) озеленение территорий административно-территориальных единиц, увеличение площадей зеленых насаждений, посадок на территориях предприятий, вокруг больниц, школ, детских учреждений и освобождаемых территориях, землях, подверженных опустыниванию и другим неблагоприятным экологическим факторам;

7) сохранение экологического баланса при развитии курортных зон отдыха и туристических центров на охраняемых природных территориях (разработка планов развития площадей рекреационных территорий, строительство современных полигонов, канализационных коллекторов и очистных сооружений, перевод котельных на экологически чистые альтернативные виды топлива);

8) проведение работ по охране и воспроизводству лесного фонда, реабилитация территорий после лесных пожаров и лесовосстановление;

9) охрана, сохранение и восстановление биологических ресурсов.

7. Обращение с отходами:

1) переработка хвостов обогащения, вскрышных и вмещающих пород, использование их в целях проведения технического этапа рекультивации отработанных, нарушенных и загрязненных земель, закладки во внутренние отвалы карьеров и отработанные пустоты шахт, для отсыпки карьерных дорог, защитных дамб и сооружений;

2) внедрение технологий по сбору, транспортировке, обезвреживанию, использованию и переработке любых видов отходов, в том числе бесхозяйных;

3) строительство, реконструкция заводов, цехов и производств, приобретение и эксплуатация установок:

полигонов для складирования любых видов отходов;

по сбору, транспортировке, переработке, сортировке, утилизации и захоронению отходов;

по сбору и переработке вторичных материальных ресурсов;

по сбору, транспортировке, переработке и ликвидации жидких производственных отходов, загрязняющих водоемы или подземные воды;

по получению сырья или готовой продукции, связанных с извлечением полезных компонентов из отходов (переработкой хвостов обогащения, вскрышных и вмещающих пород, золошлаков, металлургических шлаков, техногенных минеральных образований);

4) нейтрализация и ликвидация запрещенных и пришедших в негодность пестицидов и тары из-под них;

5) реконструкция, модернизация оборудования и технологических процессов, направленных на минимизацию объемов образования и размещения отходов;

6) проведение мероприятий по ликвидации бесхозяйных отходов и исторических загрязнений, недопущению в дальнейшем их возникновения, своевременному проведению рекультивации земель, нарушенных в результате загрязнения производственными, твердыми бытовыми и другими отходами;

7) выполнение мероприятий по захоронению пришедших в негодность пестицидов, не содержащих стойкие органические загрязнители, и тары из-под них.

8. Радиационная, биологическая и химическая безопасность:

1) захоронение, перезахоронение ампульных источников ионизирующего излучения, окончательное захоронение радиоактивных отходов предприятий-банкротов, бывших военных объектов, государственных предприятий, предприятий коммунальной собственности;

2) проведение радиоэкологических обследований территорий областей, городов республиканского значения, столицы с целью выявления радиоактивного загрязнения объектов окружающей среды;

3) дезактивация очагов радиоактивного загрязнения (почвогрунта, горнорудных отвалов, металлолома), захоронение источников ионизирующего излучения и радиоактивных отходов;

4) строительство пунктов временного хранения и пунктов захоронения радиоактивных отходов;

5) выполнение организациями, осуществляющими деятельность с использованием атомной энергии и с источниками ионизирующего излучения, требований по обеспечению радиационной безопасности;

6) реабилитация территорий захоронения радиоактивных, токсичных промышленных отходов, вывод из пользования стойких органических загрязнителей, предотвращение биологического загрязнения природной среды;

7) ликвидация и вторичная переработка накопленных объемов серы;

8) ликвидация учтенных и неучтенных источников радиации, включая отходы, исторических загрязнений с целью снижения радиационной опасности для жизни и (или) здоровья населения и окружающей среды.

9. Внедрение систем управления и наилучших безопасных технологий:

1) внедрение экологически чистых водосберегающих, почвозащитных технологий и мелиоративных мероприятий при использовании природных ресурсов, применение малоотходных технологий, совершенствование передовых технических и технологических решений, обеспечивающих снижение эмиссий загрязняющих веществ в окружающую среду;

2) внедрение экологически чистых ресурсосберегающих технологий обогащения, хранения и транспортировки минерального сырья, очистки и ликвидации отходов производств;

3) внедрение прогрессивных, современных и эффективных технологических решений, основанных на результатах научных исследований, использование современного оборудования и технологий в производственных процессах (включая предприятия, базирующиеся на возобновляемых и ресурсосберегающих технологиях, изменении источников и видов сырья теплоэнергоресурсов), переход на альтернативные источники энергоснабжения, характеризующиеся как экологически чистые (биоэтанол и другие);

4) развитие новых систем наблюдения, базирующихся на Земле и в космосе, обмен данными спутниковых наблюдательных систем;

5) внедрение знаков и сертификации в области выполнения природоохранных требований за счет более эффективного управления, сертификации продукции, систем качества и производства, работ и услуг, обеспечивающих безопасность продукции, внедрение системы управления охраной окружающей среды в соответствии с действующими национальными стандартами системы экологического менеджмента.

10. Научно-исследовательские, изыскательские и другие разработки:

1) разработка государственных программ в области охраны окружающей среды;

2) проведение исследований и разработка целевых показателей качества окружающей среды;

3) проведение экологических исследований для определения фонового состояния окружающей среды, выявление возможного негативного воздействия промышленной деятельности на экосистемы и разработка программ и планов мероприятий по снижению загрязнения окружающей среды;

4) проведение изыскательских и опытно-конструкторских работ по созданию природоохранного оборудования, установок, сооружений, предприятий и объектов, разработке прогрессивных природоохранных технологий (ноу-хау), методов и средств защиты природных объектов от негативного воздействия, обусловленного хозяйственной деятельностью;

5) проведение научных, изыскательских работ по сохранению генофонда и биоразнообразия;

6) проведение изыскательских работ по обоснованию состава природоохранных мероприятий, обеспечивающих охрану природных вод, почв и ландшафта;

7) изучение и мониторинг радиоэкологической обстановки на территориях, подвергшихся негативному воздействию ядерных испытаний, и территориях базирования войсковых частей, проведение комплексных гидрогеологических и геоэкологических исследований территорий военно-испытательных полигонов;

8) разработка экспресс-методов определения вредных примесей в воздухе, воде и почве;

9) разработка нетрадиционных подходов к охране окружающей среды и создание высокоэффективных систем и установок для очистки отходящих газов и сточных вод промышленных предприятий, утилизации отходов;

10) разработка технологических процессов, оборудования, приборов и реагентов, обеспечивающих глубокую переработку сырья с утилизацией образующихся отходов;

11) совершенствование методов обезвреживания твердых бытовых и промышленных отходов с целью предотвращения попадания в природную среду тяжелых металлов и ксенобиотиков – чужеродных для живых организмов химических веществ и соединений (промышленных загрязнений, пестицидов, препаратов бытовой химии, лекарственных средств);

12) разработка схем, водохозяйственных балансов, режимов судоходства на морских судах, задействованных в хозяйственно-производственной деятельности, и нормативов в области охраны водных ресурсов;

13) проведение экологических научно-исследовательских работ, разработка качественных и количественных показателей (экологических нормативов и требований), нормативно-методических документов по охране окружающей среды;

14) проведение научно-исследовательских работ по радиоэкологической оценке уранодобывающих предприятий;

15) проведение комплексных исследований по оценке влияния атомных электростанций на окружающую природную среду;

16) разработка модели управления трансграничными водными объектами;

17) разработка комплексных научно обоснованных гидротехнических, химических, биологических и ихтиологических методов очистки водных объектов.