I.O.'S ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of August 9, 2021 No. 317

About approval of Rules of conducting the state environmental assessment

According to Item 1 of article 89 of the Ecological code of the Republic of Kazakhstan of January 2, 2021, I ORDER:

1. Approve Rules of conducting the state environmental assessment according to appendix 1 to this order.

2. Recognize invalid some orders of the Minister of Energy of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to committee of ecological regulation and control of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) placement of this order on 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 state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of ecology, geology and natural resources of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of August 9, 2021 No. 317

Rules of conducting the state environmental assessment

Chapter 1. General provisions

1. These rules of conducting the state environmental assessment (further – Rules) are developed according to Item 1 of article 89 of the Ecological Code of the Republic of Kazakhstan (further - the Code) and with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and determine procedure for conducting the state environmental assessment and rendering the state service "Issue of the Conclusions of the State Environmental Assessment Performed by Authorized Body in the field of Environmental Protection" and the state service "Issue of the Conclusions of the State Environmental Assessment Performed by Local Executive Bodies".

2. The bodies performing the state environmental assessment:

The state environmental assessment will be organized and carried out by authorized body in the field of environmental protection concerning the objects specified in subitems 3) - 8) Item 3 of these rules.

In other cases the state environmental assessment will be organized and carried out by local executive bodies of areas, cities of republican value, the capital according to Item 2 of article 88 of the Code.

3. The following objects, according to Article 87 and Item 2 of article 418 of the Code are subject to obligatory state environmental assessment:

1) the project documentation on construction and (or) operation of objects I and II of categories and other project documents provided by the Code for receipt of ecological permissions;

2) the project documentation on construction and (or) operation of objects III of category and other project documents provided by the Code, declarations on impact, necessary by preparation, on the environment;

3) the projects of regulatory legal acts of the Republic of Kazakhstan developed by the central state bodies and bodies of local public administration which implementation can result in negative impacts on the environment;

3-1) drafts of standard rates of issues, drafts of the management program waste of object I of category which is operated based on the complex ecological permission issued till July 1, 2021;

4) projects natural-science and feasibility statements on creation and expansion of especially protected natural territories, including their functional zoning and master plans of development of infrastructure, to transfer of lands of especially protected natural territories to the lands of inventory, to abolition or reduction of the territories of the state natural wildlife areas of republican and local value and the state reserved zones of republican value, management plans by the nature protection organization developed according to the Law of the Republic of Kazakhstan "About especially protected natural territories";

5) the materials of inspection of the territories proving reference of these territories to zones of ecological catastrophe or emergency ecological situation;

6) 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.

The procedure and the mechanism of evaluating impact on the environment in areas of fall of the separated parts of carrier rockets are determined by the Technique of environmental impact assessment in areas of fall of the separated parts of carrier rockets, the Minister of Ecology and Natural Resources of the Republic of Kazakhstan approved by the order of November 15, 2023 No. 321 "About approval of the Technique of environmental impact assessment in areas of fall of the separated parts of carrier rockets" (it is registered in the Register of state registration of regulatory legal acts No. 33645);

7) materials of comprehensive ecological examination of lands on which in the past testing of nuclear weapon and also which were affected by proving grounds were carried out;

8) forest management projects of the state land ownnerships and forest management and (or) special inspections for reference of the state forest fund to categories, transfer from one category in another, and also allocation of especially protective sites on which forest utilization is forbidden or limited;

9) project documents for the types of activity which are not requiring ecological permission for which the laws of the Republic of Kazakhstan provide obligatory availability of the positive conclusion of the state environmental assessment.

On the objects of the state environmental assessment specified in the subitem 1) of this Item, the state environmental assessment is carried out within the procedure of issue of ecological permissions and the separate conclusion of the state environmental assessment is not issued.

4. In documentation submited in bodies, performing the state environmental assessment, are reflected, depending on the characteristic of the planned activities, the decision on:

1) to implementation or use of effective materials, energy saving, small and wasteless engineering procedures;

2) to rational use and reproduction of natural resources, complex conversion and waste recycling of production and consumption;

3) to ensuring effective sewage treatment, their use for technical needs, the priority directions of cleaning, such as refusal of dumping of the crude waters into natural waterways and reservoirs, on land relief;

4) effectiveness and security of the proving measures concerning protection of atmospheric air from pollution;

5) to safety and recovery of soil, vegetable cover and fauna, observance of the status of objects of natural and reserved fund;

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

5. Documentation on the state environmental assessment is submitted:

1) the customer/initiator of the planned activities;

2) the head of state body which conducts project development of the regulatory legal acts which are subject to the state environmental assessment.

6. During conducting the state environmental assessment the bodies performing the state environmental assessment:

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