KAZAKHSTAN Law and Practice Contributed by: Arman Bigazin, Mikhail Abdulov, Olzhas Abubakirov and Lidiya Sayenko, Haller Lomax LLP
ronmental systems and ensuring their sustainable functioning, water conservation, energy conserva- tion and energy efficiency, reducing consumption of non-renewable energy and raw materials, using renewable energy sources, minimising waste gen- eration, as well as using such natural environmen- tal systems as secondary resources. • Integration: The state policy of Kazakhstan in all spheres of economic and social activity is formed and implemented subject to a balance between the objectives of socio-economic development and the need to ensure the environmental foundations of the sustainable development of Kazakhstan, including a high level of environmental protection and improvement of environmental quality. • Accessibility of Environmental Information: The state, based on international treaties signed by Kazakhstan, ensures compliance with the right of the public to access environmental information on the grounds and conditions and within the limits established by law. • Public Participation: The public has the right to participate in decision-making involving issues of environmental protection and sustainable devel- opment in Kazakhstan, on the terms of, and in accordance with, the procedure established by the Environmental Code. Public participation in deci- sion-making concerning these issues is enabled at an early stage, when various options are open to consideration and when effective public partici- pation can be ensured. State bodies and officials ensure the publication of decisions planned for adoption that may have an impact on the environ- ment, on the condition that the public are allowed to express their opinion, which is taken into account when making these decisions. • The Ecosystem Approach: When state bodies and officials plan and make decisions that may lead to negative consequences for the environment, the integrity and natural inter-relationships of natural environmental systems, living organisms, natural landscapes, other natural, natural-anthropogenic and anthropogenic objects, the need for conserva- tion should be taken into account, along with the natural balance of the natural environment. At the same time, priority should be given to the preser- vation of natural landscapes, natural complexes and biodiversity, as well as the preservation and
sustainable functioning of natural environmental systems, and the prevention of negative impacts on the services provided by such environmental systems. 4.4 Transferring Permits/Approvals The transfer of an environmental permit can be car- ried out in the event of a change of the operator of an object that has a negative impact on the environment, as well as in the case of reorganisation of the legal entity of the operator of the object. The new operator is obliged to apply to the MENR for the renewal of an environmental permit within ten business days. 4.5 Consequences of Breaching Permits/ Approvals Violation of the terms of environmental permits may lead to administrative liability, as provided by the Code on Administrative Violations. The violator may also bear criminal liability, depending on the reason for the violation of the permit conditions ‒ although criminal liability is rarely involved in practice. Administrative Liability The Code on Administrative Violations contains sev- eral types of environmental administrative liabilities: • fixed fines; • fines based on the amount of the pollutant; • suspension or prohibition of activities; and • revocation of a permit or suspension of its validity. Fines The Code on Administrative Violations defines the fines for violation of environmental laws. In certain cases, fines are fixed and set based on the monthly calculation index (MCI) (1 MCI equals approximately USD7.2). In others, the fine is calculated as a percent- age of the applicable rate for environmental damage due to excess pollutants, or a percentage of the eco- nomic gains resulting from the violation, among other methods. Revocation and Suspension of Activities In specific situations, violating environmental rules can lead to the suspension or revocation of an environ- mental permit or can potentially halt the operations of
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