On approval of the Rules for conducting state environmental expertise

New Unofficial translation

Order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated August 9, 2021 No. 317. Registered with the Ministry of Justice of the Republic of Kazakhstan on August 9, 2021 No. 23918

      Unofficial translation

      In accordance with Article 89, paragraph 1 of the Environmental Code of the Republic of Kazakhstan dated January 2, 2021, I hereby ORDER:

      1. To approve the Rules for state environmental expertise in accordance with Annex 1 hereto.

      2. To recognize as invalid some orders of the Minister of Energy of the Republic of Kazakhstan in accordance with Annex 2 hereto.

      3. The Environmental Regulation and Control Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan, in accordance with the procedure established by law shall,:

      1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) place this order on the Internet resource of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan after its official publication;

      3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit to the Department of Legal Service of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan of information on the implementation of measures provided for in subparagraphs 1) and 2) of this paragraph.

      4. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan.

      5. This order shall enter into force upon expiry of ten calendar days after the day of its first official publication.

      Acting Minister of Ecology, Geology
and Natural Resources
of the Republic of Kazakhstan
А. Primkulov

      "AGREED"
Ministry of Industry and Infrastructure Development
of the Republic of Kazakhstan

      "AGREED"
Ministry of National Economy
of the Republic of Kazakhstan

  Annex 1 to order
of the Acting Minister of Ecology,
Geology and Natural resources of
the Republic of Kazakhstan
dated August 9, 2021 № 317

Rules for conducting state environmental expertise

Chapter 1. General provisions

      1. These Rules for conducting state environmental expertise (hereinafter referred to as the Rules) have been developed in accordance with Article 89, paragraph 1 of the Environmental Code of the Republic of Kazakhstan (hereinafter referred to as the Code) and with Article 10, subparagraph 1) of the Law of the Republic of Kazakhstan "On state services" (hereinafter referred to as the Law) and shall determine the procedure for conducting the state environmental expertise and rendering the state service "Issuance of the conclusions of state environmental expertise by the authorized body in the field of environmental protection" and the state service "Issuance of the conclusions of state environmental expertise carried out by local executive bodies."

      2. Bodies carrying out state environmental expertise:

      The state environmental expertise shall be organized and conducted by an authorized body in the field of environmental protection in respect of the facilities specified in paragraph 3, subparagraphs 3), - 8) of these Rules.

      In other cases, the state environmental examination shall be organized and carried out by local executive bodies of regions, cities of republican significance, and the capital in accordance with Article 88, paragraph 2 of the Code.

      3. The following facilities shall be subject to mandatory state environmental expertise according to Article 87 of the Code:

      1) design documentation for the construction and (or) operation of facilities of categories I and II and other design documents provided for by the Code for obtaining environmental permits;

      2) design documentation for the construction and/or operation of facilities of category III and other design documents provided for by the Code required in the preparation of an environmental impact declaration;

      3) design of 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 science and feasibility studies on the creation and expansion of specially protected natural areas, including their functional zoning and master plans for infrastructure development, transfer of lands of specially protected natural areas to reserve lands, abolishing or reducing the territories of state nature reserves of republican and local significance and state protected areas of republican significance, environmental management plans developed in accordance with the Law of the Republic of Kazakhstan "On specially protected natural areas";

      5) materials of the territory survey justifying the classification of these territories as zones of ecological disaster or environmental emergency;

      6) projects of economic activities that may have an impact on the environment of neighboring states or for the implementation of which it is necessary to use natural facilities common with neighboring states or which affects the interests of neighboring states, including the "Baikonur " complex, defined by international treaties of the Republic of Kazakhstan;

      7) materials of a comprehensive environmental survey of lands on which nuclear weapons have been tested in the past, as well as those exposed to military training grounds;

      8) forest management projects of state forestry and forest management and (or) special surveys to classify the state forest fund as categories, transfer from one category to another, as well as the allocation of special protective areas on which forest use is prohibited or limited;

      9) design documents for types of activities that do not require environmental permission, for which the Laws of the Republic of Kazakhstan shall provide for the mandatory presence of a positive conclusion of the state environmental expertise.

      According to the objects of the state environmental expertise specified in subparagraph 1) of this paragraph, the state environmental expertise shall be carried out within the framework of the procedure for issuing environmental permits and a separate conclusion of the state environmental expertise shall not be issued.

      4. The documentation submitted to the bodies carrying out the state environmental expertise shall reflect, depending on the characteristics of the planned activity, the decision on:

      1) introduction or use of efficient materials, energy-saving, low and waste-free technological processes;

      2) rational use and reproduction of natural resources, integrated processing and disposal of production and consumption waste;

      3) ensuring effective treatment of wastewater, its use for technical needs, priority areas of treatment, such as refusal to discharge untreated water into natural streams and water bodies, to the terrain;

      4) the effectiveness and guarantee of substantiating measures related to the protection of atmospheric air from pollution;

      5) preservation and restoration of soil, vegetation and wildlife, observance of the status of objects of the natural reserve fund;

      6) ensuring the protection of the population and the environment from the harmful effects of anthropogenic physical, chemical and biological factors.

      5. Documentation for the state environmental expertise shall be submitted by:

      1) customer/initiator of the planned activity;

      2) the head of the state body, which is developing project of regulatory legal acts subject to state environmental examination.

      6. In the course of the state environmental expertise, the bodies carrying out the state environmental expertise:

      1) in accordance with Article 91, paragraph 1, subparagraph 4) of the Code, they shall request and receive from project customers or state bodies the necessary additional materials that shall be important for a comprehensive and objective assessment of the facility of state environmental expertise;

      2) in accordance with Article 93, paragraph 1 of the Code, if in the process of conducting a state environmental expertise special knowledge is required that experts of the state environmental expertise do not have the right to apply for expert conclusions to external experts in other state bodies and organizations, as well as to individual national and international experts with relevant knowledge and experience;

      The conclusion of external experts shall be advisory in nature.

      The involvement of external experts shall be carried out in accordance with the Law of the Republic of Kazakhstan "On public procurement."

      3) in accordance with Article 94, paragraph 4 of the Code, in order to discuss problems of ensuring environmental safety, issues of environmental protection, the use and reproduction of natural resources during the state environmental examination, they shall be considered at the Expert Councils of the state environmental examination in accordance with their provisions;

      4) issue motivated comments in order to eliminate them.

      7. Public hearings shall be held in accordance with the Rules for holding public hearings approved by the authorized body in the field of environmental protection in accordance with Article 73, paragraph 1 of the Code.

      8. The state environmental expertise carried out by the authorized body shall be carried out taking into account comments and proposals or with the participation of specialists of its territorial subdivisions (at the site location), and shall be implemented as follows:

      1) the design materials shall be evaluated and analyzed in terms of the need, feasibility and possibility of implementing the planned economic activities, as well as the assessment of the project as a whole, with the development of proposals for coordination;

      2) representatives of territorial subdivisions, if necessary, shall participate in the state environmental review process with the submission of a preliminary analysis of the situation. In this case, the period for consideration of materials by territorial subdivisions with the issuance of comments and proposals shall be five working days.

      3) proposals or comments shall be formed and submitted in writing;

      9. The result of the state environmental expertise shall be the issuance of the conclusion of the state environmental expertise, in form in accordance with Annex 3 to these Rules, the conclusion of the state environmental expertise for facilities of category III, in form in accordance with Annex 4 to these Rules. The conclusion shall indicate one of the following conclusions:

      1) "not agreed";

      2) "to be agreed."

      10. 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 subdivisions of the authorized body in the relevant territory or the expert division of the local executive bodies of the regions, the city of republican significance, the capital within its competence.

Chapter 2. Procedure for rendering the state service "Issuance of state environmental expertise conclusions carried out by the authorized body in the field of environmental protection"

      11. The state service shall be provided by the Environmental Regulation and Control Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan and its territorial subdivisions (hereinafter referred to as the service provider 1).

      12. The service shall be provided to individuals and/or legal entities (hereinafter referred to as the service recipient).

      13. In order to receive the state service, the service recipient shall send to the service provider 1 through the web portal of the "e-government" www.egov.kz (hereinafter referred to as the portal) an application for the state environmental expertise in the form specified in Annex 1 to these Rules with the attachment of the necessary documents specified in paragraph 8 of the state service standard "Issuance of state environmental expertise conclusions carried out by the authorized body in the field of environmental protection."

      The list of the main requirements for the provision of public service, including the description of the process, the form, content and result of the provision, the grounds for refusing to provide public service, as well as other information taking into account the peculiarities of the provision of public service, are set out in the State Service Standard "Issuance of conclusions of the state environmental expertise carried out by the authorized body in the field of environmental protection" in accordance with Annex 5 to these Rules.

      14. The employee of the office of the service provider 1shall register the application with the attached documents on the day of its receipt and shall send it to the service provider 1.

      The contractor of the service provider 1 shall receive information on identity documents, state registration (re-registration) of a legal entity, an individual entrepreneur, and permits, conclusions of the state environmental expertise for projects of the planned activities with a section on assessing the environmental impact and emission standards from the relevant state information systems through the "e-government " gateway.

      The contractor shall verify for completeness of the submitted documents within 5 (five) working days from the date of registration of the application;

      in the event that the submitted documents and/or expired documents is incomplete, the service provider's executor 1 shall prepare a reasoned refusal to further consider the application, which is sent in the form of an electronic document signed by an electronic digital signature (hereinafter referred to as the EDS) of the service provider's head 1 to the service recipient's "personal account" on the portal;

      if the completeness of the submitted documents is established, the contractor of the service provider 1, if necessary, sends a request to the territorial department (at the site location) to provide proposals and comments on the project documents;

      an employee of the regional subdivision of the service provider 1 shall submit his/her proposals and comments on the project documents within 5 (five) working days;

      after the receipt of proposals and comments by the service provider's executor 1shall:

      1) consider the submitted documents for compliance with the requirements of environmental legislation;

      2) evaluate and analyze the materials, identify the degree of environmental hazard of the planned or carried out activities, the sufficiency and reliability of the justifications for the implementation of the objects of expertise;

      3) summarize individual expert assessments and the results of the state environmental expertise;

      preparation and issuance of the conclusion of the state environmental expertise with the conclusion "agreed" shall be carried out within 45 (forty-five) working days from the date of registration of the application;

      the service recipient shall receive the conclusion of the state environmental expertise with the conclusion "agreed," signed by the EDS of the head of the service provider 1, on the portal in his personal account in the form of an electronic document;

      if there are motivated comments on the content of the submitted documents, the service provider 1 sends them through the portal to the service recipient for revision within 25 (twenty-five) working days from the date of registration of the application;

      the service recipient shall submit the revised documents to the service provider 1 within ten (10) working days from the date of receipt of the motivated comments;

      if the service recipient eliminates the service provider 1 within ten (10) working days, prepares the conclusion of the state environmental expertise with the conclusion "agreed";

      The result of the provision of the state service shall be sent to the service recipient to the "personal account" in the form of an electronic document, EDS of the head of the service provider 1.

      In case of non-elimination of motivated comments by the service recipient, the service provider's executor 1 shall within 7 (seven) working days in accordance with Article 73 of the Administrative Procedural Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the APPC of the Republic of Kazakhstan) send the service recipient a notice of a preliminary decision on refusal to provide a state service, as well as the time and place of hearing for the opportunity to express a position to the service recipient by a preliminary decision.

      The objections of the service provider by a preliminary decision shall be accepted by the service provider 1 within 2 working days from the date of its receipt.

      Based on the results of the hearing, the service provider 1 shall make a decision on the preparation of the conclusion of the state environmental expertise with the conclusion "agreed" or forms a motivated refusal to provide public service;

      preparation and issuance of the result of the provision of public service shall be carried out within 3 (three) working days;

      the result of the provision of the state service shall be sent to the "personal account" of the service recipient on the portal in the form of an electronic document signed by the EDS of the head of the service provider 1.

      15. The service provider 1 shall ensure that data have been entered into the information system for monitoring the provision of public services on the stage of state service provision in accordance with the procedure established by the authorized body in the field of informatization in accordance with Article 5, paragraph 2, subparagraph 11) of the Law.

Chapter 3. Procedure for rendering the public service "Issuance of state environmental expertise conclusions carried out by local executive bodies"

      16. The public service shall be provided by local executive bodies of the regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter referred to as service provider 2).

      17. The service shall be provided to individuals and/or legal entities.

      18. In order to receive a public service, the service recipient shall send to the service provider 2, through the portal, an application for a state environmental expertise in accordance with Annex 2 to these Rules with the necessary documents specified in paragraph 8 of the state service standard "Issuance of state environmental expertise conclusions carried out by local executive bodies."

      The list of the main requirements for the provision of public service, including the description of the process, the form, content and result of the provision, the grounds for refusing to provide public service, as well as other information, taking into account the specifics of the provision of public service, shall be set out in the state service standard "Issuance of state environmental expertise conclusions carried out by local executive bodies" in accordance with Annex 6 to these Rules.

      19. To obtain the conclusion of the state environmental expertise for the design documentation for the construction and (or) operation of facilities of category III and other design documents required for the preparation of the environmental impact declaration:

      The employee of the office of the service provider 2 shall register the application with the attached documents on the day of its receipt and send it to the service provider 2.

      The contractor of the service provider 2 shall receive information on identity documents, state registration (re-registration) of a legal entity, an individual entrepreneur, and permits, conclusions of the state environmental expertise for projects of the planned activities with a section on assessing the impact on the environment and emission standards from the relevant state information systems through the " e-government" gateway.

      The contractor shall verify for completeness of the submitted documents within 3 (three) working days from the date of registration of the application;

      in the event of an incompleteness of the submitted documents and (or) expired documents, the contractor of the service provider 2 shall prepare a reasoned refusal to further consideration of the application;

      after signing by the service provider 2, the service recipient receives a motivated refusal to further consideration of the application, signed by the EDS of the head of the service provider 2, on the portal in his personal account in the form of an electronic document;

      if the completeness of the submitted documents is established, the contractor of the service provider 2 shall:

      1) consider the submitted documents for compliance with the requirements of environmental legislation;

      2) evaluate and analyze the materials, identify the degree of environmental hazard of the planned or carried out activities, the sufficiency and reliability of the justifications for the implementation of the objects of expertise;

      3) summarizes individual expert assessments and the results of the state environmental expertise;

      in the absence of reasoned comments on the content of the submitted documents, the contractor of the service provider 2 shall prepare the conclusion of the state environmental expertise with the conclusion "agreed" within 15 (fifteen) working days from the date of registration of the application;

      after signing by the service provider 2, the service recipient shall receive the conclusion of the state environmental expertise with the conclusion "agreed," signed by the EDS of the head of the service provider 2, on the portal in his personal account in the form of an electronic document;

      if there are motivated comments on the content of the submitted documents, the contractor of the service provider 2 sends them through the portal to the service recipient for revision within 7 (seven) working days from the date of registration of the application;

      the service recipient shall submit the revised documents to the service provider 2 within 3 (three) working days from the date of receipt of the reasoned comments;

      if the service recipient eliminates the service provider 2 within 5 (five) working days, prepares the conclusion of the state environmental expertise with the conclusion "agreed";

      The result of the provision of the public service shall be sent to the service recipient to the "personal account" in the form of an electronic document, EDS of the head of the service provider.

      In case of non-elimination of motivated comments by the service recipient, the service provider's executor 2 within 2 (two) working days in accordance with Article 73 of the APPC of the RK shall send the service recipient a notice of a preliminary decision on refusal to provide a public service, as well as the time and place of hearing, in order to be able to express a position to the service recipient by a preliminary decision.

      The objections of the service provider by a preliminary decision shall be accepted by the service providers 2 within 2 (two) working days from the date of its receipt.

      Based on the results of the hearing, the service provider 2 shall make a decision on the preparation of the conclusion of the state environmental expertise with the conclusion "agreed" or forms a motivated refusal to provide public service;

      preparation of the result of the provision of public service shall be carried out within 3 (three) working days;

      the result of the provision of the public service shall be sent to the "personal account" of the service recipient on the portal in the form of an electronic document signed by the EDS of the head of the service provider 2.

      20. To obtain the conclusion of the state environmental expertise for design documents, for activities that do not require environmental permission, for which the Laws of the Republic of Kazakhstan shall provide for the mandatory presence of a positive conclusion of the state environmental expertise:

      The employee of the office of the service provider 2 shall register the application with the attached documents on the day of its receipt and send it to the service provider 2.

      The contractor of the service provider 2 shall receive information on identity documents, state registration (re-registration) of a legal entity, an individual entrepreneur, and permits, conclusions of the state environmental expertise for projects of the planned activities with a section on assessing the impact on the environment and emission standards from the relevant state information systems through the "e-government" gateway.

      the contractor shall verify the completeness of the submitted documents within 3 (three) working days from the date of registration of the application;

      in the event of an incompleteness of the submitted documents and (or) expired documents, the contractor of the service provider 2 shall prepare a reasoned refusal to further consider the application;

      after signing, the service provider 2 shall send a reasoned refusal in further consideration of the application to the "personal account" in the form of an " electronic document" signed by the EDS of the head of the service provider 2;

      if the completeness of the submitted documents is established, the contractor of the service provider 2 shall:

      1) consider the submitted documents for compliance with the requirements of environmental legislation;

      2) evaluate and analyze the materials, identify the degree of environmental hazard of the planned or carried out activities, the sufficiency and reliability of the justifications for the implementation of the objects of expertise;

      3) summarize individual expert assessments and the results of the state environmental expertise;

      in the absence of reasoned comments on the content of the submitted documents, the contractor of the service provider 2 shall prepare the conclusion of the state environmental expertise with the conclusion "agreed" within 30 (thirty) working days from the date of registration of the application;

      after signing, the service provider 2 shall send to the "personal account" of the service recipient the conclusion of the state environmental expertise with the conclusion "agreed" in the form of an electronic document signed by the EDS of the head of the service provider 2;

      if there are motivated comments on the content of the submitted documents, the contractor of the service provider 2 sends them through the portal to the service recipient for revision within 15 (fifteen) working days from the date of registration of the application;

      the service recipient shall submit the revised documents to the service provider 2 within 5 (five) working days from the date of receipt of the motivated comments;

      if the service recipient eliminates the service provider 2 within ten (10) working days, forms the conclusion of the state environmental expertise with the conclusion "agreed";

      The result of the provision of the public service shall be sent to the service recipient to the "personal account" in the form of an electronic document, EDS of the head of the service provider 2.

      In case of non-elimination of motivated comments by the service recipient, the service provider's executor 2 shall send a notice to the service recipient within 7 (seven) working days in accordance with Article 73 of the APPC of the Republic of Kazakhstan on a preliminary decision on refusal to provide a public service, as well as the time and place of hearing, in order to be able to express a position to the service recipient by a preliminary decision.

      The objections of the service provider by a preliminary decision shall be accepted by the service providers within 2 working days from the date of its receipt.

      Based on the results of the hearing, the service provider 2 shall make a decision on the preparation of the conclusion of the state environmental expertise with the conclusion "agreed" or forms a motivated refusal to provide public service;

      preparation of the result of the provision of public service shall be carried out within 3 (three) working days;

      the result of the provision of the public service shall be sent to the "personal account" of the service recipient on the portal in the form of an electronic document signed by the EDS of the head of the service provider 2.

      21. The service provider 2 shall provide data entry into the information system for monitoring the provision of public services on the stage of provision of public services in the procedure established by the authorized body in the field of informatization in accordance with Article 5, paragraph 2, subparagraph 11) of the Law.

Chapter 4. Procedure for appeal against decisions, actions (inaction) of service providers and (or) their officials on the provision of public services

      22. To appeal against decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services, a complaint shall be filed no later than 3 (three) months from the date when the service recipient became aware of the adoption of an administrative act or the commission of actions (inaction) by the service provider:

      to the body considering the complaint (higher administrative body and/or official);

      to the authorized body for the assessment and control of the quality of the provision of public services;

      to the management of the service provider directly rendering the public service at the address specified in paragraph 7 of Annexes 5 and 6 hereto of the Rules.

      The complaint of the service recipient in accordance with Article 25, paragraph 2 of the Law shall be subject to consideration:

      a service provider directly providing a public service within 5 (five) working days from the date of its registration;

      the authorized body for evaluation and quality control of the provision of public services within 15 (fifteen) working days from the date of its registration.

      The period of consideration of the complaint by the service provider, the authorized body for the assessment and control of the quality of the provision of public services in accordance with Article 25, paragraph 4 of the Law shall be extended for no more than ten (10) working days if necessary:

      1) conducting an additional study or verification on the complaint or verification with departure to the place;

      2) obtaining additional information.

      In case of extension of the period of consideration of the complaint, the official authorized to consider the complaints shall, within 3 (three) working days from the date of extension of the period of consideration of the complaint, inform in writing (when submitting the complaint in hard copy) or in electronic form (when submitting the complaint in electronic form) the applicant who filed the complaint about extension of the period of consideration of the complaint with indication of the reasons for extension.

      If a complaint is received in accordance with Article 91, paragraph 4 of the APPC of the Republic of Kazakhstan, the service provider shall be sent to the body considering the complaint within 3 (three) working days from the date of its receipt. The complaint by the service provider shall not be sent to the body considering the complaint in the event of a favorable act, an administrative action that fully satisfies the requirements specified in the complaint.

      The period of consideration of the complaint by the body considering the complaint shall be 20 (twenty) working days from the date of receipt of the complaint.

      23. In case of disagreement with the decision of the body considering the complaint, the service recipient applies to another body considering the complaint or to the court in accordance with Article 100, paragraph 6 of the APPC of the Republic of Kazakhstan.

  Annex 1
to Rules for conducting state
environmental expertise
  Form

Application for state environmental expertise

      To: __________________
(full name of the state body)
From: _____________________
(full name of the applicant)
Address ______________________
(index, city, district, region,
street, № house, phone number, e-mail)
Bank details _________
(№ certificate of state registration LA/IP, BIN, IIN)

      I hereby ask you to conduct a state environmental examination for the project

      (specify the full name of the project)

      List of attached documents:

      ______________________________________________________________

      ______________________________________________________________

      Materials do not contain confidential information.

      ______________________

      (signature)

      ______________________________________________________________

      (position, surname, first name, patronymic (if any)

      "___" ____________ ___ 20

  Annex 2
to Rules for conducting state
environmental expertise
  Form

Application for state environmental expertise for facilities of category III

      To: __________________
(full name of the state body)
From: _____________________
(full name of the applicant)
Address ______________________
(index, city, district, region,
street, № house, phone number, e-mail)
Bank details _________
(№ certificate of state registration LA/IP, BIN, IIN)

      I hereby ask you to conduct a state environmental examination for the project

      __________________________________________________________________

      (specify the full name of the project)

      List of attached documents:

      __________________________________________________________________

      Materials shall not contain confidential information.

      Data on the location of industrial sites where the sources of environmental pollution of the production facility shall be located:

      Table 1. Location Data of industrial sites

Industrial site number

Name of the industrial site

Region

District, settlement

Coordinates, degree, minutes, seconds

Occupied area, hectare

width

longitude


1

2

3

4

5

6

7

      Declared limits of pollutant and waste emissions by year:

      Table 2. Declared amount of pollutant emissions into the air as per (g/s, t/year)

Declared year

pollution source number

name of the pollutant

h/sec

t/year





      Table 3. Declared amount of hazardous waste (t/year)

Declared year

waste name

amount of waste generation, t/year

amount of waste accumulation, t/year




      Table 4. Declared amount of non-hazardous waste

Declared year

waste name

amount of waste generation, t/year

amount of waste accumulation, t/year




      ______________________

      (signature)

      ___________________________________________________________

      (position, surname, first name, patronymic (if any)

      ____________ "___",___ 20

  Annex 3
to Rules for conducting state
environmental expertise
  Form

Conclusion of the state ecological examination

      To: ______________________
(full name of the applicant)

Conclusion of the state ecological examination

      on the _______________________________________________________________

      (name of design documentation)

      The materials have been developed ____________________________________________

      (full name of the design organization-developer)

      Owner of the project material ________________________________________

      (full name of the ordering organization)

      The following have been submitted for consideration by the state environmental expertise:

      _________________________________________________________________

      (name of project documentation, listing of completeness

      submitted materials, other documents)

      Materials received for review _______________________ __ 20

      (Date, incoming registration number)

      General information:

      Brief description of physical and geographical conditions of the area where the object of expertise is located, background state of the environment, basic technical and technological solutions, including description of the technological process that has a negative impact on the environment, consideration of alternative options in comparison with the best analogues of modern technologies.

      Conclusion

      The result of the state environmental expertise shall be a conclusion with the conclusion "agreed/not agreed."

      _______________________

      (signature)

      _____________________________________________________________

      (position, surname, first name, patronymic (if any)

  Annex 4
to Rules for conducting state
environmental expertise
  Form

Conclusion of the state ecological examination for facilities of category III

      To: ______________________
full name of the applicant)

Conclusion of the state ecological examination

      on the _______________________________________________________________

      (name of project documentation)

      The materials have been developed ____________________________________________

      (full name of the project organization-developer)

      Owner of the project material ________________________________________________

      (full name of the ordering organization)

      The following shall be submitted for consideration by the state environmental expertise:

      __________________________________________________________________

      (name of project documentation, listing of completeness

      submitted materials, other documents)

      Materials received for review _______________________ __ 20

      (Date, incoming registration number)

      General information:

      Brief description of physical and geographical conditions of the area where the object of expertise shall be located, background state of the environment, basic technical and technological solutions, including description of the technological process that has a negative impact on the environment, consideration of alternative options in comparison with the best analogues of modern technologies.

      Declared limits of pollutant and waste emissions by year: Table 1. Declared amount of pollutant emissions into the air as per (g/s, t/year)

Declared year

pollution source number

name of the pollutant

h/sec

t/year

      Table 2. Declared amount of hazardous waste

Declared year

waste name

amount of waste generation, t/year

amount of waste accumulation, t/year




      Table 3. Declared amount of non-hazardous waste

Declared year

waste name

amount of waste generation, t/year

amount of waste accumulation, t/year




      Conclusion

      The result of the state environmental expertise shall be a conclusion with the conclusion "agreed/not agreed."

      _______________________

      (signature)

      _____________________________________________________________

      (position, surname, first name, patronymic (if any)

  Annex 5
to Rules for conducting state
environmental expertise

Public service standard "Issuance of state environmental expertise conclusion by an authorized body in the field of environmental protection"

1

Name of the service provider

Environmental regulation and control committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan and its territorial subdivisions.

2

Methods of public service delivery

Through the web portal "e-government" www.egov.kz.
 

3

Term of provision of public service

From the moment of registration of the application by the service provider:
consideration for completeness of submitted documents within 5 (five) working days from the date of registration of the application; issuance of the conclusion of the state environmental expertise/reasoned refusal to provide the state service within 45 (forty-five) working days:
including sending motivated comments within 25 (twenty-five) working days; submission of revised materials by the service recipient within ten (10) working days from the date of receipt of motivated comments.

4

Form of public service provision

Electronic (fully automated).

5

Result of public service provision

Conclusion of the state environmental expertise carried out by the authorized body in the field of environmental protection or a reasoned refusal to provide public service in cases and on the grounds provided for by paragraph 9 of this state service standard.
The form of the result of the provision of public service shall be electronic.

6

The amount of payment charged to the service recipient during the provision of the state service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

The state service shall be provided to the recipient free of charge.

7

Work schedule

Portal - around the clock, with the exception of technical breaks related to the repair work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan dated (hereinafter referred to as the Labor Code), the acceptance of an application and the issuance of the results of the provision of public service shall be carried out the next working day).
The service provider - from Monday to Friday inclusive, from 9.00 to 18.30 hours, with a break for lunch from 13.00 to 14.30 hours, except for weekends and holidays in accordance with the Labor Code.
Addresses of places of provision of public service shall be placed on:
1) the Internet resource of the service provider;
2) portal www.egov.kz.

8

List of documents required for rendering the state service when the service recipient applies

1) an application for a state environmental expertise, in electronic form, signed by the EDS of the service recipient, in form in accordance with Annex 1 to these Rules;
2) in the case of project regulatory legal acts of the Republic of Kazakhstan, the implementation of which may lead to negative impacts on the environment, developed by central state bodies and local government bodies, in the following composition:
in the form of an electronic document, project of regulatory legal acts of the Republic of Kazakhstan prepared in accordance with the requirements of the Law of the Republic of Kazakhstan "On legal acts";
3) in the case of projects of natural science and feasibility studies on the creation and expansion of specially protected natural areas, including their functional zoning and master plans for infrastructure development in the following composition:
in the form of an electronic document, project of natural science or feasibility studies, in the form of an electronic document, including materials prepared in accordance with the Rules for the development of projects of natural science and feasibility studies on the creation or expansion of specially protected natural areas, as well as adjustments to the feasibility study approved by the order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated September 1, 2010 No. 558 (registered in the Register of State Registration of Regulatory Legal Acts No. 6518);
an electronic copy of the approval of the owners of land plots and land users;
an electronic copy of the cover letter of the approval of the local executive bodies of the regions, cities of republican significance, the capital;
an electronic copy of the letter with the approval of the authorized body for land relations of the region (city of republican significance, capital);
an electronic copy of the letter with the approval of the authorized body in the field of specially protected natural areas, of local importance - the territorial body of the authorized body in the field of specially protected natural areas;
4) in the case of projects of feasibility studies for the transfer of lands of specially protected natural territories (with the exception of specially protected natural territories without the status of a legal entity) to reserve lands in the following composition:
in the form of an electronic document, project feasibility studies, including materials prepared and approved by the interested body in accordance with paragraph 9 of the Rules for the transfer of lands of specially protected natural areas to reserve lands approved by the resolution of the Government of the Republic of Kazakhstan dated February 17, 2009 No. 172 (hereinafter referred to as the Rules for the transfer of lands of specially protected natural areas to reserve lands);
an electronic copy of the minutes of public hearings;
an electronic copy of the letter with the approval of the authorized body in the field of specially protected natural areas, of local importance - the territorial body of the authorized body in the field of specially protected natural areas;
an electronic copy of the letter with the approval of the local executive body of the region, the city of republican significance, the capital;
an electronic copy of the positive conclusion of the commission approved by the authorized body in accordance with paragraph 5 of the transfer of lands of specially protected natural areas to reserve lands;
in the case of transfer of land for the extraction of solid minerals (with the exception of common minerals), an additional electronic copy of the report on the assessment of resources and reserves of solid minerals in accordance with Article 23 of the Law of the Republic of Kazakhstan "On specially protected natural areas";
5) in the case of projects of natural science justifications for the abolition or reduction of the territories of state natural reserves of republican and local significance and state protected areas of republican significance as follows:
in the form of an electronic document, project natural science justifications, including materials prepared in accordance with the Rules for the abolition of state nature reserves of republican and local significance and state protected areas of republican significance and the reduction of their territory approved by the Resolution of the Government of the Republic of Kazakhstan dated May 11, 2010 No. 399;
an electronic copy of the letter with the approval of the authorized body in the field of specially protected natural areas, of local significance - the territorial body of the authorized body in the field of specially protected natural areas;
6) in the case of project environmental management plans, as follows:
in the form of an electronic document, a draft Environmental Management Plan, including materials prepared in accordance with Article 26 of the Law of the Republic of Kazakhstan "On specially protected natural areas";
7) in the case of materials from the survey of territories justifying the classification of these territories as zones of ecological disaster or environmental emergency as follows:
in the form of an electronic document, materials of the territory survey, including materials prepared in accordance with the procedure specified by Article 405 of the Code;
an electronic copy of the conclusion of the commission created in order to study the territory (water area), which shall be supposed to be declared an environmental emergency zone or an environmental disaster zone for materials confirming the current ecological state of the territories;
an electronic copy of the conclusion of authorized state bodies in the field of health, education and science;
8) in the case of materials of a comprehensive environmental survey of lands on which nuclear weapons were tested in the past, as well as which were exposed to military training grounds justifying the seizure and transfer of these lands to the reserve lands as follows:
in the form of an electronic document, materials of a comprehensive environmental survey, including materials prepared in accordance with Article 236 of the Code;
an electronic copy of the positive conclusion of the state body in the field of sanitary and epidemiological well-being of the population;
9) in the case of 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 which affects the interests of neighboring states, including the Baikonur complex defined by international treaties of the Republic of Kazakhstan, as follows:
in the form of an electronic document, projects of planned economic activities;
10) in the case of forest management projects of state forestry and forest management and (or) special surveys to classify the state forest fund as categories, transfer from one category to another, as well as the allocation of special protective areas on which forest use shall be prohibited or limited, as follows:
in the form of an electronic document, materials on the implementation of forest management, forest management or forest protection measures, including materials prepared in accordance with the specific Instructions for forest management approved by Order of the Minister of Agriculture of the Republic of Kazakhstan dated November 9, 2012 No. 17-02/566 (registered in the Register of State Registration of Regulatory Legal Acts No. 8181);

9

Grounds for refusal to provide public services

1) establishing the inaccuracy of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained in them;
2) non-compliance of the service recipient and (or) submitted materials, facilities, data and information required to provide the state service with the requirements established by regulatory legal acts of the Republic of Kazakhstan in the field of environmental protection;

  Annex 6
to Rules for conducting state
environmental expertise

Public service standard "Issuance of state environmental expertise reports by local executive bodies"

1

Name of the service provider

Local executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent

2

Public service delivery methods

Through the web portal "e-government" www.egov.kz.
 

3

Term of provision of public service

From the moment of registration of the application by the service provider: issuance of the conclusion of the state environmental expertise - within 30 (thirty) working days: including sending motivated comments within 15 (fifteen) working days; submission of revised materials by the service recipient within 5 (five) working days from the date of receipt of motivated comments.
From the moment of registration of the application by the service provider:
issuance of the conclusion of the state environmental expertise - within 15 (fifteen) working days: including sending motivated comments within 7 (seven) working days; submission of revised materials by the service recipient within 3 (three) working days from the date of receipt of motivated comments

4

Form of public service provision

Electronic (fully automated).

5

Result of public service provision

Conclusion of the state environmental expertise carried out by the local executive bodies of the regions, cities of national significance, the capital, or a reasoned refusal to provide public service in cases and on the grounds provided for by paragraph 9 of this state service standard.
The form of the result of the provision of public service is electronic.

6

The amount of payment charged to the service recipient during the provision of the state service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

The state service shall be provided to the recipient free of charge.

7

Work schedule

Portal - around the clock, with the exception of technical breaks related to repair work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the Labor Code, the acceptance of an application and the issuance of the results of the provision of public service is carried out the next working day).
The service provider - from Monday to Friday inclusive, from 9.00 to 18.30 hours, with a break for lunch from 13.00 to 14.30 hours, except for weekends and holidays in accordance with the Labor Code.
Addresses of places of provision of public service shall be placed on:
1) the Internet resource of the service provider;
2) portal www.egov.kz.

8

List of documents required for rendering the public service when the service recipient applies

1) an application for a state environmental expertise for category III facilities, in electronic form, signed by the EDS of the service recipient, in form in accordance with Annex 2 to these Rules;
in the case of design documentation for the construction and/or operation of facilities of category III and other design documents required for the preparation of an environmental impact declaration:
in the form of an electronic document, project documentation;
2) an application for a state environmental expertise, in electronic form, signed by the EDS of the service recipient, in form in accordance with Annex 1 to these Rules;
in the case of design documents, for activities that do not require environmental permission, for which the Laws of the Republic of Kazakhstan provide for the mandatory presence of a positive conclusion of the state environmental expertise:
in the form of an electronic document project documents.

9

Grounds for refusal to provide public services

1) establishing the inaccuracy of the documents submitted by the service recipient for receiving the public service, and (or) the data (information) contained in them;
2) non-compliance of the service recipient and (or) submitted materials, facilities, data and information required to provide the state service with the requirements established by regulatory legal acts of the Republic of Kazakhstan in the field of environmental protection.

  Annex 2 to order
of the Acting Minister of Ecology,
Geology and Natural resources of
the Republic of Kazakhstan
dated August 9, 2021 № 317

List of some orders recognized as invalid of the Minister of Energy of the Republic of Kazakhstan

      1. Order of the Minister of Energy of the Republic of Kazakhstan dated February 16, 2015 No. 100 "On Approval of the Rules for Conducting State Environmental Expertise" (registered in the Register of State Registration of Regulatory Legal Acts No. 11021);

      2. Order of the Minister of Energy of the Republic of Kazakhstan dated April 28, 2017 No. 145 "On introduction of amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated February 16, 2015 No. 100" On approval of the Rules for conducting state environmental expertise "(registered in the Register of State Registration of Regulatory Legal Acts No. 151891);

      3. Order of the Minister of Energy of the Republic of Kazakhstan dated July 13, 2018 No. 270 " On introduction of amendments and addition to the order of the Minister of Energy of the Republic of Kazakhstan dated February 16, 2015 No. 100" On approval of the Rules for conducting state environmental expertise "(registered in the Register of State Registration of Regulatory Legal Acts No. 17285).

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