KAZAKHSTAN Law and Practice Contributed by: Arman Bigazin, Mikhail Abdulov, Olzhas Abubakirov and Lidiya Sayenko, Haller Lomax LLP
Environmental Legislation One of the main tasks of Kazakhstan’s environmental legislation is ensuring the contribution of Kazakhstan to strengthening the global response to the threat of climate change, through the implementation of inter- national, regional and trans-boundary programmes for environmental protection, the adaptation to climate change and transition to a “green” economy, as well as the protection of the ozone layer of the Earth’s atmosphere. In accordance with the Environmental Code, the sectors of agriculture, water and forestry – as well as the area of civil protection – are priorities for the adaptation to climate change. Principles of Adaptation At the same time, adaptation to climate change is based on the following principles: • the obligation to consider the impacts of climate change in medium- and long-term development plans; • the phased implementation of the process of adap- tation to climate change; • the intersectoral approach of local executive bod- ies to adaptation to climate change; and • the existence of a link between the measures taken to adapt to climate change and the reduction of the adverse impacts of climate change. The state also takes measures to ensure public access to environmental information on climate change, trains specialists in the field of adaptation to climate change, and conducts environmental scientific research. 13.2 Targets to Reduce Greenhouse Gas Emissions By 31 December 2030, Kazakhstan aims to reduce its carbon balance by at least 15% from the 1990 level. As described in 13.1 Key Policies, Principles and Laws , Kazakhstan is also committed to achiev- ing hydrocarbon neutrality by 2060. According to the approved strategy, target indicators for emissions and absorption of greenhouse gases by types of emis- sions have been set. In addition, in order to reduce greenhouse gas emis- sions, the Environmental Code establishes carbon quotas for carbon dioxide emissions. In simple terms,
Inspection durations are set based on workload and assigned tasks. Micro-businesses are inspected for up to five business days, with a possible five-day extension. For other businesses, inspections can last up to 15 business days, with a possible 15-day exten- sion. During inspections, the CERC typically conducts sample analysis, measures emissions, and monitors adherence to operational guidelines and industrial environmental control. Based on the results of the inspection, the CERC issues a report on the results of preventative control with site access and – where vio- lations are identified – issues an administrative order. Unscheduled Inspection The CERC must notify the subject in writing about the unscheduled inspection at least one day before its start, indicating the subject of the inspection. Unscheduled inspections are undertaken for up to ten business days, with a possible ten-day extension. The inspection method and results are consistent with the inspection conducted under preventative control with site access. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws General provisions regarding climate change are contained in the Environmental Code. Additionally, in response to the tangible threats of climate change, the government adopted Strategy for Achieving Hydro- carbon Neutrality in the Republic of Kazakhstan by 2060. International Treaties Kazakhstan has also ratified the following international treaties in the field of climate change: • the Paris Climate Agreement; • the Convention on Long-Range Transboundary Air Pollution; • the Vienna Convention for the Protection of the Ozone Layer; and • the Kyoto Protocol to the United Nations Frame- work Convention on Climate Change.
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