of February 23, 2015 No. 131
About approval of Rules of creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations
According to the subitem 9) of article 18 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" I ORDER:
1. Approve the enclosed Rules of creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations.
2. To provide to committee of ecological regulation, control and state inspection in oil and gas complex of the Department of Energy of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) the direction on official publication of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in information system of law of Ad_let, and also in periodic printing editions;
3) publication of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and the intranet portal of state bodies;
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 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.
Minister of Energy of the Republic of Kazakhstan
B. School student
Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 23, 2015 No. 131
1. These rules of creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations (further - Rules) are developed according to the Laws of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use", of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan", of January 17, 2002 "About merchant shipping", of July 9, 2004 "About protection, reproduction and use of fauna", of November 9, 2004 "About technical regulation", of January 16, 2013 "About Frontier of the Republic of Kazakhstan" of April 11, 2014 "About civil protection", Ecological and Water codes of the Republic of Kazakhstan.
2. Rules determine procedure for creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with the oil operations performed at the sea.
3. The basic concepts used in Rules:
1) authorized state body in the field of protection, reproduction and use of fauna - the central executive body performing management in the field of protection, reproduction and use of fauna and also within the powers cross-industry coordination;
2) permission to creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations at the sea - the permission of competent authority granting the right to the applicant on realization of his intention on creation, operation or use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations at the sea within certain site;
3) the customer of the floating equipment (the floating drilling rig) - the physical, legal entity or the consortium which signed the works agreement on performance of works on construction of the floating equipment (the floating drilling rig), the investor, the owner of the vessel under construction;
4) authorized body in the field of defense - the central executive body enabling the realization of state policy in the field of defense;
5) authorized body in the field of environmental protection - the central executive body performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities;
6) competent authority - authorized body in the field of oil and gas;
7) authorized body in the field of ensuring protection of frontier - the state body performing protection and protection of Frontier of the Republic of Kazakhstan according to the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan";
8) the contractor - the physical person or legal entity involved by the subsoil user and/or the customer according to the works agreement on performance of works on creation and technical maintenance of sea constructions in the course of their use;
9) authorized body in the field of industrial safety - the central executive body performing management and cross-industry coordination, development and realization of state policy in the field of industrial safety;
10) the applicant - person addressing to competent authority for receipt of the construction license or placement of sea constructions;
11) operation of sea constructions - complex of technical measures for use of sea constructions to destination;
12) authorized body in the field of use and protection of water fund, water supply, water disposal - the state body performing management function and control in the field of use and protection of water fund, water supply, water disposal outside settlements;
13) sea constructions - artificially created constructions which are in the sea including artificial islands, dams, installations, the motionless and floating equipment for carrying out oil operations at the sea;
14) construction (creation) of sea constructions - activities for designing (construction) new and (or) to change (expansion and change of designs) of the existing sea constructions.
Other concepts applied in Rules correspond to the concepts used in the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use".
4. The applicant for receipt of permission to creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations at the sea (further - permission), issued in form according to appendix 1 to these rules sends to competent authority:
1) the statement for receipt of permission (further - the statement), in form according to appendix 2 to these rules, signed by the subsoil user or the customer of the floating equipment (the floating drilling rig);
2) form of data according to appendix 3 to these rules.
5. The competent authority returns the application without consideration in case of submission by the applicant not of complete data, stipulated in Item 4 these rules, within three working days. The term of consideration of the application with appendix of missing data is estimated from the date of receipt of the repeated address of the applicant by competent authority.
6. The competent authority after receipt of the statement, with the enclosed form of data, within four working days sends them to authorized bodies in the field of defense, ensuring protection of frontier, use and protection of water fund, water supply, water disposal and protection, reproduction and use of fauna which within seven working days agree on opportunity or impossibility of construction or placement around the specified geographical coordinates of sea construction.
7. The competent authority within four working days after receipt of answers from authorized bodies, stipulated in Item 6 these rules, considers the application and issues or refuses permission.
8. The competent authority refuses issue of permission if there is one of negative replies of authorized bodies, stipulated in Item 6 these rules, and also representation by the subsoil user or customer of the floating equipment (floating drilling rig the) of documents containing false information.
After elimination of notes (in the presence), receipt of permission is performed in compliance by Items 5, of 6, of 7 these rules.
9. In case of reorganization and (or) change of the name, the subsoil user (contractor) or the customer of the floating equipment (the floating drilling rig) submits in any form the application for renewal of permission with application of copies of the relevant documents confirming the specified data.
The competent authority within ten working days from the date of giving by the subsoil user (contractor) or customer of the floating equipment (floating drilling rig) of the corresponding statement renews permission without observance of the procedure, stipulated in Item 6 these rules.
10. When designing sea constructions the legislation of the Republic of Kazakhstan specified in Item 1 of these rules is observed.
11. Designing of sea constructions on initiative and at the expense of subsoil users (contractors) is performed within the contract for subsurface use.
Designing of sea constructions - the floating equipment (floating drilling rigs), held for use the uncertain group of people, including subsoil users, is performed without contract for subsurface use, based on civil transactions.
12. The choice of the location of the sea construction which is subject to construction or placement is performed after carrying out complete geotechnical studying of the site of seabed for the purpose of ensuring safe construction and operation of sea construction.
13. When studying the site for construction of sea construction by the subsoil user (contractor) it is performed:
1) research of availability or lack of pipelines, cable and other objects;
2) the engineering-geological data on seabed condition necessary for designing of sea construction according to the planned safety degree;
3) ensuring the choice of the location of sea construction is performed out of the established navigation ways, especially when approaching to the harbor, and also out of places of traditional fishery, especially valuable sites for reproduction, nagul and migration of the fishes and other water animals having especially valuable value for fishery.
14. Projects of works of construction of sea constructions, except for the floating equipment and objects specified in Item 38 of these rules affirm, approved and pass the examination according to the procedure, established by the legislation of the Republic of Kazakhstan in the field of architectural, town-planning and construction activities.
15. Before designing of construction or reconstruction of sea constructions, except for the floating equipment and objects specified in Item 38 of these rules engineering researches (engineering and hydrographic, geodetic, geological, hydrometeorological) according to the legislation of the Republic of Kazakhstan in the field of architectural, town-planning and construction activities are made.
16. Results of engineering researches are used for reasons for the made decisions in project works and for the organization of designing, safe and high-quality conducting works.
17. Are part of the project documentation:
1) assessment of preproject (basic) condition of the surrounding environment;
2) impact assessment on the surrounding environment of the sea construction planned to construction, including calculation of harm to fish resources and other water animals is performed consistently taking into account the stages of town-planning and construction designing provided by the ecological legislation of the Republic of Kazakhstan;
3) the analysis of possible critical (emergency) situations, actions for their prevention and protection of the working personnel and the population living in zone of possible impact of emergency (critical) situation on the sea constructions connected with carrying out oil operations at the sea;
4) offers on complex of nature protection actions, including measures for prevention of adverse effects (destruction, degradation, damage and depletion of natural ecological systems and natural resources, including bioresources), compensations of the done harm to bioresources of reservoirs, capture of well under control;
5) questions of industrial safety, ensuring fire safety, production sanitation and labor protection of the working personnel, and also involvement of other organizations specializing in elimination of accidents at the sea and their effects;
6) results of studying of the site for construction of sea construction according to Item 13 of these rules.
18. The subsoil user (contractor) or the customer of the floating equipment (the floating drilling rig) before implementation of construction (installation) and operation of sea construction provides informing the population and accounting of public opinion according to requirements of the ecological legislation of the Republic of Kazakhstan.
19. The construction (installation) of sea constructions is performed according to requirements of the legislation of the Republic of Kazakhstan, the these rules specified in Item 1.
20. Upon termination of construction (or installation) sea constructions, except for the floating equipment and objects specified in Item 38 of these rules, the subsoil user (contractor) provides acceptance for operation of sea constructions according to the procedure, established by the legislation of the Republic of Kazakhstan in the field of architectural, town-planning and construction activities.
21. Acceptance for operation of the floating equipment and the objects specified in Item 38 of these rules and also the subsequent works on their installation and start are performed according to requirements of the legislation of the Republic of Kazakhstan in the field of civil protection and merchant shipping.
Primary acceptance for operation of the floating equipment (the floating drilling rig) for carrying out oil operations at the sea upon termination of construction in the territory of the Republic of Kazakhstan is performed by the customer taking into account Item 38 of these rules.
Commissioning of the floating equipment (the floating drilling rig) upon termination of installation within certain site (contract area) of the Kazakhstan sector of the Caspian Sea are performed by the commission created by the subsoil user with participation of the owner of the floating equipment (the shipowner of the floating drilling rig) or person and the representative of territorial subdivision of authorized body authorized by it in the field of industrial safety.
22. The subsoil user (contractor) provides on sea constructions appropriate means according to the warning of their location at the sea not to create safety hazard to people, hindrances to navigation or fishery.
23. Around sea constructions safety areas which stretch at distance no more than for five hundred meters from each point of their outer edge are established.
24. The construction and operation of storages and reservoirs of oil on the sea, storage and warehousing of oil on sea constructions, except for temporary (no more than twenty days) oil storages is not allowed, when transporting such oil by tankers directly from sea constructions.
25. Operation of sea constructions and the floating equipment (the floating drilling rig) is performed after acceptance for operation of the corresponding object (objects) according to the procedure, specified in Items 20 and 21 of these rules.
26. After input of sea construction in operation its use is performed using the equipment and technologies which are not posing health hazard of the population and the environment.
27. Construction, dredging, explosive and other works on the water protection zones and strips are performed with observance of the mode of use of these zones and strips established by local executive bodies according to the water legislation of the Republic of Kazakhstan.
28. Before operation of sea constructions the subsoil user (contractor) develops and approves internal procedure for carrying out emergency and recovery and repair work, and also the plan of evacuation of the working personnel and the population living in the action area of sea construction in case of critical (emergency) situations on sea constructions in the course of their operation.
29. The internal procedure for carrying out emergency and recovery and repair work in case of critical (emergency) situations in use of sea constructions is performed with observance of requirements of the legislation of the Republic of Kazakhstan in the field of civil protection.
30. The plan of evacuation in case of critical (emergency) situations in use of sea constructions is performed with observance of requirements of the legislation of the Republic of Kazakhstan in the field of civil protection.
31. Before operation of sea constructions the subsoil user (contractor) develops and approves the procedure for ensuring fire protection of sea constructions in the course of their operation approved with bodies of civil protection.
Procedure for ensuring fire protection of sea constructions in the course of their operation are reconciled and pereutverzhdatsya annually.
32. The internal procedure for carrying out emergency recovery operations, and also the plan of evacuation in case of critical (emergency) situations in use of sea constructions are reconciled and pereutverzhdatsya annually.
33. Before operation of sea constructions the subsoil user (contractor) develops and approves the procedure of internal (production) control behind condition of the surrounding environment (environmental monitoring) and the performed oil operations approved with territorial authorities of authorized body in the field of environmental protection.
The procedure of internal (production) control behind condition of the surrounding environment and the performed oil operations is subject to annual reapproval and reapproval.
34. The subsoil user (contractor) or the customer of the floating equipment (the floating drilling rig) takes measures for non-admission of weakening of structural durability of the constructions used for sea oil operations when carrying out such works as:
1) rise and fixture;
2) unloading and primary alloy;
3) assembly afloat;
4) towage;
5) start and vertical rise;
6) immersion in water;
7) installation of support;
8) the structural durability and integrity of all construction in the whole ambassador of final installation.
35. Structural parameters of all sea constructions used when carrying out sea transactions are exposed to systematic checks and maintenance.
36. To foreign courts the entrance to limits of the safety area of sea construction is limited. Sea and aircrafts of support of sea oil operations notify personnel of the sea construction which is responsible for safety with permanent presence of personnel onboard about the intention to enter the safety area and to get the corresponding permission for it from the head of sea construction.
37. The subsoil user (contractor) reports location of sea construction with indication of exact coordinates in Management of the commander-in-chief of Naval forces of Armed Forces of the Republic of Kazakhstan and to management of the nearest port.
38. Ocean ships, including the floating drilling rigs intended for exploration and production of oil and gas are under construction and operated according to safety requirements of navigation in case of survey and technical observation by one of the classification societies recognized by the Government of the Republic of Kazakhstan.
39. The subsoil user (contractor) or the customer of the floating equipment (the floating drilling rig) provides easy access in the procedure established by the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" on sea constructions of officials of competent authority and authorized bodies for the survey of the equipment and technical means intended for performance of works, and also the means ensuring ecological safety and environmental protection from pollution for the purpose of establishment of their compliance to the approved project decisions and to accompany survey with necessary explanations.
40. Conclusion of sea constructions from operation (liquidation) is performed according to the legislation of the Republic of Kazakhstan on subsoil and subsurface use.
The decision on conclusion (liquidation) of sea constructions from operation is approved with competent authority.
41. After approval of competent authority of the decision on conclusion (liquidation) of sea construction from operation the subsoil user (contractor) develops and approves the project of liquidation providing works on conclusion from operation (liquidation) of sea construction.
The project of liquidation approved by the subsoil user (contractor) on conclusion of sea construction from operation (liquidation) is the basis for receipt of permission to the beginning of implementation of works on conclusion (liquidation) of sea constructions from operation.
42. Completion of work on conclusion of sea constructions from operation (liquidation) is considered by the commission created by the subsoil user with involvement of representatives of the interested state bodies, the construction organization, the project organization and persons performing author's and technical supervisions.
43. Conclusion from operation (liquidation) of sea construction is performed based on the positive recommendation of the commission.
44. Upon termination of works on conclusion of sea constructions about it the act the subsoil user (contractor) with participation of independent experts carries out assessment of condition of the surrounding environment from operation (liquidation) and signing.
45. The appraisal report of condition of the surrounding environment after conclusion of sea construction from operation (liquidation) affirms authorized body in the field of environmental protection, use and protection of water fund, water supply, water disposal and protection, reproduction and use of fauna according to the ecological legislation of the Republic of Kazakhstan.
to Rules of creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations
form
Permission to creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations
Number: Place of issue:
Date of issue:
It is issued ____________________________________________________________________________________
(First name, middle initial, last name physical person, name of the legal entity)
_______________________________________________________________________________________________
(coordinates of the territory of sea constructions, objects)
_______________________________________________________________________________________________
(name (brand) of sea construction, object)
_______________________________________________________________________________________________
(terms of construction of sea constructions, objects)
_______________________________________________________________________________________________
(service conditions of sea constructions, objects)
Approval of the state authorized bodies:
Head (authorized person): surname, name, middle name (in the presence)
Electronic and digital signature
to Rules of creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations
form
The statement for receipt of permission to creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations
IN ____________________________________________________________________________________________
(full name of authorized body)
From ____________________________________________________________________________________________
(surname, name, middle name (in the presence) physical person, IIN,
full name of the legal entity, location address, BIN,
contact information (phone, fax, e-mail)
_______________________________________________________________________________________________
(name (brand) of sea construction, object)
_______________________________________________________________________________________________
_______________________________________________________________________________________________
(reason and reasons for need of implementation of oil operations
at the sea on construction or placement of sea construction)
_______________________________________________________________________________________________
_______________________________________________________________________________________________
(terms and location of the planned sea construction or
the carried-out works on construction or placement
such sea construction)
_______________________________________________________________________________________________
_______________________________________________________________________________________________
(the enclosed list of documents)
Head of the organization (position) of ________________ _______________________________________
(signature) (First name, middle initial, last name)
"___" _______________________ 20 ___ years
to Rules of creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations
Form of data for receipt of permission to creation, operation and use of artificial islands, dams, constructions and installations, and also other objects connected with oil operations
1. Purposes, appointments and bases of creation of sea construction ______________________________________
__________________________________________________________________________________________________
2. Reasons for geographical coordinates of the created sea construction within the contract area:
1) width _____________________________________________________________________________________;
2) longitude _____________________________________________________________________________________.
3. Information on courts and other watercrafts which are supposed to be used in case of performance of works on creation of sea construction:
1) number of courts and ____________________________________________________________ watercrafts;
2) name of courts and _________________________________________________________ watercrafts.
4. Start and end date of creation of sea construction ___________________________________________
__________________________________________________________________________________________________
5. Information on means of communication (capacity of radio transmitter, frequency, other data) which will be used in case of operation of sea construction _______________________________________________________________.
6. The actions planned in case of construction or placement of sea construction:
1) according to the prevention or decrease in possible environmental damage, including creation of the closed systems of technical water supply, floating or fixed treatment facilities and means for acceptance of oil-containing waters and other hazardous substances _____________________________________
_______________________________________________________________________________________________;
2) on prevention and liquidation of emergencies on sea construction
_______________________________________________________________________________________________;
3) on safety of navigation and flights of aircraft, and also on preserving the habitat, conditions of reproduction, ways of migration, places of concentration of fishes and other water animals
_______________________________________________________________________________________________.
7. The main hydrological and hydrogeological characteristics of expected location of sea construction, expected amount of fence and (or) use of the surface water dumped
sewage, the taken-away underground _________________________________________________________ waters
_______________________________________________________________________________________________.
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The document ceased to be valid since June 29, 2018 according to Item 2 of the Order of the Minister of Energy of the Republic of Kazakhstan of April 28, 2018 No. 151