ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2018 No. 537

About modification and amendments in the order of the Minister of Energy of the Republic of Kazakhstan of April 23, 2015 No. 301 "About approval of standards of the state services in the field of environmental protection"

I ORDER:

1. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of April 23, 2015 No. 301 "About approval of standards of the state services in the field of environmental protection" (it is registered in the Register of state registration of regulatory legal acts for No. 11229, it is published on August 3, 2015 in information system of law of Ad_let) the following changes and amendments:

be reworded as follows Item 1:

"1. Approve:

1) the standard of the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection" according to appendix 1 to this order;

2) the standard of the state service "Licensing for Import to the Territory of the Republic of Kazakhstan from the Countries Which Are Not Entering into the Customs Union, and Export from the Territory of the Republic of Kazakhstan to These Countries of Ozone-depleting Substances and Products Containing Them" according to appendix 2 to this order;

3) the standard of the state service "Issue of the Permission to Works with Use of Ozone-depleting Substances, Repair, Installation, Equipment Maintenance Containing Ozone-depleting Substances" according to appendix 3 to this order";

4) the standard of the state service "Issue of Ecological Permissions for Category Objects I" according to appendix 4 to this order;

5) the standard of the state service "Issue of the Conclusions of the State Environmental Assessment for Category Objects I" according to appendix 5 to this order;

6) the standard of the state service "Issue of Permissions to Issues to the Environment for Objects II, III and IV of Categories" according to appendix 6 to this order;

7) the standard of the state service "Issue of the Conclusions of the State Environmental Assessment for Objects II, III and IV of Categories" according to appendix 7 to this order;

8) the standard of the state service "Issue of Complex Ecological Permission" according to appendix 8 to this order;

9) the standard of the state service "Licensing for Export and Import of Dangerous Wastes" according to appendix 9 to this order;

10) the standard of the state service "Provision of Ecological Information" according to appendix 10 to this order.";

in the standard of the state service "Issue of the Permission to Works with Use of Ozone-depleting Substances, Repair, Installation, Equipment Maintenance Containing Ozone-depleting Substances" approved by the specified order:

be reworded as follows item 4:

"4. The term of rendering the state service from the moment of the address on the portal:

within 8 (eight) working days, for small business entities - within 5 (five) working days.

The service provider within 2 (two) working days from the moment of receipt of documents of uslugopoluchatel checks for completeness of the submitted documents.

In case of establishment of incompleteness of the submitted documents and (or) documents with the expired effective period the service provider in the specified terms gives motivated refusal in further review of the statement.";

the fourth Item 9 to be reworded as follows the paragraph:

"form of data with the documents confirming availability in staff of the applicant at least 2 (two) employees - the executives in charge having the corresponding higher education and length of service as at least 3 (three) years or the corresponding technical and professional education and length of service as at least 5 (five) years in form according to appendix 2 to this standard of the state service in electronic form, the uslugopoluchatel certified by the EDS;";

in Data on the applicant's compliance to requirements for receipt of the permission to works with use of ozone-depleting substances, repair, installation, equipment maintenance containing ozone-depleting substances according to appendix 2 to the specified standard of the state service:

be reworded as follows Item 5:

"5. Personnel:

1) surname, name, middle name (in the presence) employees;

2) name of specialization and qualification;

3) number and date of issue of the diploma;

4) the name of the educational institution which issued the diploma;

5) number and date of the certificate of recognition and nostrification of the education documents (if necessary) issued by the foreign organizations of education;

6) length of service in the specialty according to the documents confirming labor activity;

7) number and date of issue of the certificate/certificate;

8) the name of the organization which issued the certificate/certificate.";

in the standard of the state service "Issue of Ecological Permissions for Category Objects I" approved by the specified order:

3, of 4, 5 and 6 to be reworded as follows Items:

"3. The state service appears Committee of ecological regulation and control of the Ministry and its territorial subdivisions (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed through the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the portal).

4. The term of rendering the state service from the moment of the address on the portal:

issue of permission - no more than 15 (fifteen) working days;

renewal of permission - within 15 (fifteen) calendar days.

The service provider in time of no more than 5 (five) working days from the date of registration of document package of uslugopoluchatel checks for completeness of the submitted documents.

In case of establishment of incompleteness of the submitted documents and (or) documents with the expired effective period the service provider in the specified terms gives motivated refusal in further review.

5. Form of rendering the state service: electronic.

6. Result of rendering the state service - permission, renewal of permission to issues to the environment or the motivated answer about refusal in rendering the state service in cases and on the bases, stipulated in Item 10 these standards of the state service.

Form of representation of result of rendering the state service: electronic.

On the portal the result of rendering the state service goes to "personal account" of the uslugopoluchatel in electronic form signed by the digital signature (further - the EDS) the authorized person of the service provider.";

8, 9 and 10 to be reworded as follows Items:

"8. The working schedule of the portal - round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).

9. The list of the documents necessary for rendering the state service in case of the address on the portal:

for receipt of permission:

1) the request for receipt of the permission in form according to appendix 1 to this standard of the state service in electronic form certified by the EDS of uslugopoluchatel;

2) the conclusion of the state environmental assessment or the conclusion of complex non-departmental examination of construction projects containing the approved standard rates of issues (in case of lack of data in information system);

3) the actions plan on environmental protection;

for renewal of permission:

1) the request for renewal of permission according to appendix 2 to this standard of the state service;

2) the copy of the document confirming transition of the property right to object (objects) of environmental management concerning which, (which) the renewed permission to issues is issued.

And standard rates of issues the service provider receives data of identity documents, state registration (re-registration) of the legal entity, state registration of the individual entrepreneur, on permissions, the conclusions of the state environmental assessment to projects of the planned activities with the Section for environmental impact assessment from the corresponding state information systems through lock of "the electronic government".

Uslugopoluchatel agrees to use of the data which are the secret protected by the law, the state services containing in information systems when rendering if other is not provided by the laws of the Republic of Kazakhstan.

When giving by uslugopoluchatel of all necessary documents for the portal the status about adoption of the request for rendering the state service goes to "personal account".

10. The refusal bases in rendering the state service are:

1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by regulatory legal acts of the Republic of Kazakhstan in the field of environmental protection;

3) discrepancy of required conditions of environmental management to the requirements specified in article 73 of the Ecological code of the Republic of Kazakhstan;

4) discrepancy of the actions plan on environmental protection to the ecological requirements and regulations established by the ecological legislation of the Republic of Kazakhstan providing achievement of standard rates of issues to the environment;

5) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect;

6) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.";

exclude Item 15;

to be reworded as follows the standard of the state service "Issue of the Conclusions of the State Environmental Assessment of Objects I of Category" according to appendix 1 to this order;

to be reworded as follows the standard of the state service "Issue of Permissions to Issues to the Environment for Objects II, III and IV of Categories" according to appendix 2 to this order;

to be reworded as follows the standard of the state service "Issue of the Conclusions of the State Environmental Assessment for Objects II, III and IV of Categories" according to appendix 3 to this order;

add with appendices 8, 9 according to appendices 4, 5 to this order.

2. To provide to committee of ecological regulation and control of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

2) within ten calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on the Internet - resource of the Department of Energy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

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

4. This order becomes effective after twenty one calendar days after day of its first official publication.

It is approved Ministry of information and communications of the Republic of Kazakhstan

It is approved Ministry for Investments and Development of the Republic of Kazakhstan

 

Appendix 1

to the Order of the Minister of Energy of the Republic of Kazakhstan of December 27, 2018 No. 537

Appendix 5

to the Order of the Minister of Energy of the Republic of Kazakhstan of April 23, 2015 No. 301

Standard of the state service "Issue of the Conclusions of the State Environmental Assessment of Objects I of Category"

Chapter 1. General provisions

1. The state service "Issue of the Conclusions of the State Environmental Assessment of Objects I of Category" (further - the state service).

2. The standard of the state service is developed by the Department of Energy of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears Committee of ecological regulation and control of the Ministry and its territorial subdivisions (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed through the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

4. The term of rendering the state service from the moment of the address on the portal:

issue of the conclusion of the state environmental assessment - within 45 (forty five) working days;

verification of the submitted documents on completeness - no more than 5 (five) working days.

In case of establishment of incompleteness of the submitted documents and (or) documents with the expired effective period the service provider in the specified terms gives motivated refusal in further review of the statement.

In case of availability of notes on contents of the submitted documents, the service provider through the portal sends to uslugopoluchatel motivated notes within 25 (twenty five) working days for category objects I which is eliminated with uslugopoluchatel within 10 (ten) working days from the date of issue of notes on the portal. At the same time after 10 (ten) working days the processed documents according to the issued notes are not accepted by the service provider.

In case of their elimination at the scheduled time, the positive conclusion of the state environmental assessment is issued.

In case of their not elimination at the scheduled time, the negative conclusion of the state environmental assessment is issued.

5. Form of rendering the state service: electronic.

6. Result of rendering the state service - issue of the conclusion of the state environmental assessment of objects I of category in form according to appendix 1 to this standard of the state service or the motivated answer about refusal in rendering the state service in cases and on the bases, stipulated in Item 10 these standards of the state service.

Form of representation of result of rendering the state service: electronic.

The result of rendering the state service goes to "personal account" of the uslugopoluchatel in electronic form signed by the digital signature (further - the EDS) the authorized person of the service provider.

7. The state service is rendered free of charge to physical persons and legal entities (further - uslugopoluchatel).

8. Working schedule:

the portal - round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).

9. The list of the documents necessary for rendering the state service in case of the address on the portal:

1) the request for conducting the state environmental assessment, in forms according to appendices 2, 3 to this standard of the state service in electronic form, the uslugopoluchatel certified by the EDS;

2) in case of the preproject and project documentation of the planned activities making impact on the environment in the following structure:

the preproject or project documentation with the materials of environmental impact assessment accompanying it (further - EIA), drawn up in the form of the electronic document which level of development corresponds to blueprint stages;

results of accounting of public opinion for types of economic activity according to Item 1 of article 57-2 of the Code;

the actions plan on environmental protection;

3) in case of drafts of standard rates of issues:

drafts of standard rates of issues;

the actions plan on environmental protection;

4) in case of projects of regulatory legal acts of the Republic of Kazakhstan, normative and technical and instructive-methodological documents which implementation can result in negative impacts on the environment in the following structure:

projects of regulatory legal acts of the Republic of Kazakhstan, normative and technical and instructive-methodological documents;

5) in case of projects of natural-science reasons and feasibility statements on creation and expansion of especially protected natural territories, natural-science reasons on abolition of the state natural wildlife areas and the state reserved zones of republican value and reduction of their territory in the following structure:

projects of natural-science reasons or feasibility statements;

6) in case of feasibility statements on transfer of lands on especially protected natural territories to lands of inventory, changes of borders and (or) the areas of the territory of special economic zones in the following structure:

feasibility statements with accompanying them materials EIA which are drawn up in document type which level of development corresponds to blueprint stages;

results of accounting of public opinion;

7) in case of biological reasons on production and use of resources of plant and animal life in the following structure:

project of biological reasons;

8) in case of materials of inspection of the territories proving reference of these territories to zones of ecological catastrophe or emergency ecological situation in the following structure:

materials of inspection of the territories with accompanying them materials EIA which are drawn up in document type which level of development corresponds to blueprint stages;

results of accounting of public opinion;

the conclusions of authorized state bodies in the field of health care, science and scientific and technical activities and education;

9) in case of materials of comprehensive ecological examination of the parcels of land on which testing of nuclear weapon (assessment of effects of the carried-out testing) for further transfer of lands to economic circulation in the following structure were carried out:

materials of comprehensive ecological examination with accompanying them materials EIA which are drawn up in document type which level of development corresponds to blueprint stages;

results of accounting of public opinion;

positive conclusion of sanitary and epidemiologic examination;

10) in case of projects of economic activity which can make impact on the environment of the adjacent states or implementation of which requires use of general with the adjacent states of natural objects or which infringes on interests of the adjacent states, including on the Baikonur complex, defined by international treaties of the Republic of Kazakhstan in the following structure:

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