KAZAKHSTAN Law and Practice Contributed by: Arman Bigazin, Mikhail Abdulov, Olzhas Abubakirov and Lidiya Sayenko, Haller Lomax LLP
16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements Under the Environmental Code, the submission of the following reports in the environmental field is required where necessary to obtain an environmental permit: • report on the environmental action plan; • report on the results of industrial environmental control; • waste inventory report; • report on the protection of atmospheric air; and • report on the costs of environmental protection. Depending on the type of report, submissions are made to the CERC or other competent authorities through various electronic systems. The report on the results of industrial environmental control is submitted electronically through the National Database on the State of the Environment and Natural Resources – a unified platform introduced in Q1 2025 and adminis- tered by the MENR. Failure to submit the required reports, submission of incomplete or untimely reports, or provision of false information is subject to administrative fines rang- ing from 25 MCI (approximately USD182) to 200 MCI (approximately USD1,456), depending on the size of the business entity. 16.2 Public Environmental Information The public has the right to request environmental information from any state body and other (public or private) owners of environmental information at any time without providing any justification. The public may be denied environmental information only in cas- es strictly defined by law – for example, if this entails a violation of IP rights or the confidentiality of primary statistical data. The owners of environmental information in the public sector are: • bodies and institutions of the legislative, executive and judicial branches of government; • local government and self-government (eg, courts, local executive bodies, and the MENR);
from railway or tram rolling stock), rubber (and prod- ucts made from it), electric accumulators, oil and oil products (except crude oil) obtained from bituminous rocks, antifreezes and other chemical products, poly- mer, glass, paper, cardboard, metal packaging, large electrical and electronic equipment, and other goods. The extended producer obligations are fulfilled either by creating their own waste collection and manage- ment system (although this option is not available for motor transport). The entire extended producer responsibility system in Kazakhstan is currently under extensive review. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators must conduct their activities in accordance with the waste management programme and the environmental permit obtained. In accordance with the Environmental Code, waste operators are required to ensure environmental pro- tection and favourable conditions for human life and health by reducing the amount of waste to be dis- posed of and encouraging preparation for reuse, recy- cling, and proper disposal. This includes adherence to: • waste accumulation limits; and • waste disposal limits. Operators of Category I and II facilities must justify the waste accumulation and disposal limits in their waste management programme when applying for an environmental permit. Violations of these obligations can result in adminis- trative fines, including the suspension of the opera- tor’s activities. The harm caused by unauthorised dis- charge of specific contaminants (or types of waste) is assessed based on the amount of the pollutant released beyond the allowed limit, along with the cor- responding fee rate for that pollutant.
277 CHAMBERS.COM
Powered by FlippingBook