JOINT ORDER OF THE MINISTER OF ENERGY, INDUSTRY AND TRADE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF KAZAKHSTAN

of July 9, 1999 No. 187, of July 9, 1999 No. 182-II

About approval of the Instruction for observance of regulations of ecological safety when designing and carrying out oil operations in the water area and coastal zones of the seas and internal reservoirs of the Republic of Kazakhstan

For the purpose of implementation of the order of the Government of the Republic of Kazakhstan No. 693 from 5.06.1996g. "About approval of the Regulations on procedure for carrying out the sea scientific research connected with oil operations at the sea and internal reservoirs of the Republic of Kazakhstan" we order:

Approve the Instruction for observance of regulations of ecological safety when designing and carrying out oil operations in the water area and coastal zones of the seas and internal reservoirs of the Republic of Kazakhstan.

The instruction for observance of regulations of ecological safety when designing oil operations in the water area and coastal zones of the seas and internal reservoirs of the Republic of Kazakhstan

1. Main terms and determinations

In this Instruction for observance of regulations of ecological safety when designing and carrying out oil operations in the water area and coastal zones of the seas and internal reservoirs of the Republic of Kazakhstan (further the Instruction...) the applied terms and determinations mean:

The water area - reservoir surface, the aquatic area (113). (In bracket the sequence number of the regulatory legal acts given in Section 7 of This Instruction is specified).

Architectural and town-planning activities - Purposeful forming of the favorable habitat of the person by the space organization of systems of resettlement, placement of productive forces, development of the cities, settlements, rural and other settlements and the territories, production, social, engineering and transport infrastructures, designings, constructions, reconstruction, upgrades, restorations, capital repairs of buildings, constructions and their complexes, subjects to improvement and gardening (13).

Internal reservoirs - lakes, artificial water storage basins and other superficial water resources (2).

The job description - the document approved by management of the company in which official functions and responsibility of the specialist (worker) are established.

The earth of water fund - the lands occupied with waterways and reservoirs (the rivers, lakes, water storage basins, channels, enclosed seas, territorial waters), glaciers, swamps, hydraulic engineering and other water management constructions and also the lands allocated under the water protection zones; the earth of water fund are one of seven categories of lands (17).

Competent authority of the Government of the Republic of Kazakhstan according to the conclusion and execution of contracts with subsoil users in the Republic of Kazakhstan (further Competent authority) - state body to which the Government of the Republic of Kazakhstan delegates the rights which are directly connected with the conclusion and execution of contracts for carrying out oil operations according to established procedure (1).

The contract area - the territory allocated for carrying out oil operations and determined by geographical coordinates (2).

Licensed body (licensor) - executive body which competence includes issue of licenses (5).

The license - the permission issued to the subsoil user by the Government of the Republic of Kazakhstan on carrying out exploration and production for the fixed term within the contract area (2).

The sea - surface and thickness of water, surface of bottom of the Caspian and Aral seas (lakes) from the initial coastline on all its extent within the Republic of Kazakhstan to its external sea borders established on the basis of agreements between the Republic of Kazakhstan and the coastal states (2).

Oil operations - all works relating to investigation, production both related single production cycle of oil storage and its transfer by pipeline transport (2).

The environment - set of natural objects, including natural resources, both live, and lifeless, including atmospheric air, water, the soil, subsoil, animal and flora, and also climate in their interaction (10).

The operator - the Legal entity created by the Contractor (Contractors) for the organization and conducting works in the contract area.

Especially ecologically sensitive area - the area which during certain periods is used under habitats of fauna, for nesting of birds, spawning and nagul of young growth of fishes.

The contractor - the subsoil user who signed the contract with Competent authority according to the Presidential decree of the Republic of Kazakhstan "About oil" (2).

Search works - the oil operations performed in the contract area before detection of deposits of oil and gas.

The land use right - the right of person to own and use the parcel of land which is in state-owned property is termless (permanent land use) or during certain term (temporary land use). The land user has the right to dispose of the land use right belonging to him in cases and limits set by the Presidential decree of the Republic of Kazakhstan "About the earth" (17).

Almost acceptable - the Preferable or well proved technology, experience of the organization and works.

Coastal zone - the Territory which is geographically located between the normal median coastline of the sea or internal reservoir during seasonal fluctuations and historically documentary rise in sea level on coastal lands, and also the territory which can be flooded in case of the floods taking place for the ten-year period and which drainage waters are reported with the sea or internal reservoir and where there are bases to believe that pollutants from the oil and gas objects which are near the coastline can get to the sea or internal reservoir.

Oil and gas objects on which there are proofs that they are protected from the possible penetration of water caused by the tidal phenomena taking place for the ten-year period and the subsequent drain of the water which got on object to the sea or internal reservoir do not enter framework of this determination.

Environmental management - use of natural resources in economic and other activity of the person (10).

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