KAZAKHSTAN Law and Practice Contributed by: Arman Bigazin, Mikhail Abdulov, Olzhas Abubakirov and Lidiya Sayenko, Haller Lomax LLP
An application with documents is also sent to the other state bodies concerned for their comments and proposals regarding the necessary environmental conditions. Such interested bodies may include the Committee for Sanitary and Epidemiological Control of the Ministry of Health of the Republic of Kazakh- stan, the local executive body of the region on whose territory the facility is located, the line ministry/depart- ment, and other state bodies. The integrated environmental permit is issued by the CERC or its relevant territorial department. The issu- ance of a permit is free of charge and takes no more than 55 business days. Environmental Impact Permit An environmental impact permit must be obtained for facilities that could have a moderate negative impact on the environment (Category II). Category I facilities that existed when the Environmental Code became effective (1 July 2021) are also allowed to obtain an environmental impact permit, instead of the integrated environmental permit. An environmental impact permit is issued by the local executive authority (for Category II) or by the CERC (for Category I), based on an application with support- ing documents attached. The issuance of a permit is free of charge and takes no more than 30 busi- ness days. The conditions of an environmental impact permit are less extensive compared with those of an integrated environmental permit. 4.3 Regulators’ Approach to Policy and Enforcement The system of legislation is based on human rights and freedoms, as well as the protection of the envi- ronment. Among other things, the basic principles of environmental legislation and the approach to its enforcement are as follows. • Prevention: Any activity that causes or may cause environmental pollution or degradation of the natural environment that results in environmental damage and harm to human life and/or health is only allowed within the framework established by the Environmental Code if all necessary measures
are provided at the source of environmental impact to prevent the occurrence of these consequences. • Correction: Environmental damage must be elimi- nated in full. If it is impossible to completely elimi- nate the environmental damage caused, its con- sequences should be minimised as far as possible at the current level of scientific and technological development. To the extent that the consequences of the environmental damage caused have not been eliminated or minimised, replacement is ensured by alternative remediation in accordance with the Environmental Code. • Precautions: If there is a risk of environmental damage due to any activity that could have signifi- cant and irreversible consequences for the natural environment and/or its individual components, or if there is a risk of harm to human life and/or health, then effective and proportionate measures should be taken to prevent the occurrence of such consequences at economically acceptable costs, despite the current lack of scientific and techni- cal knowledge or the ability to accurately assess the probability of the occurrence of these negative consequences. • Proportionality: Environmental protection measures are provided to the extent that they are sufficient to implement the goals and objectives of the envi- ronmental legislation of Kazakhstan. As a result, preference is given to the option that is the least burdensome. • “Polluter Pays”: A person whose activity causes or may cause environmental pollution or degradation of the natural environment, resulting in environ- mental damage in any form or harm to human life and/or health, bears all the costs for fulfilling the requirements established by the environmental leg- islation of Kazakhstan for the prevention and con- trol of the negative consequences of their activities, including the elimination of environmental damage caused (in accordance with the principle of correc- tion). • Sustainable Development: Nature and its resources constitute the wealth of Kazakhstan, and their use should be sustainable. The state ensures balanced and rational management of natural resources in the interests of present and future generations. When making decisions on environmental protec- tion, priority is given to preserving natural envi-
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