KAZAKHSTAN Law and Practice Contributed by: Timur Odilov, Mikhail Abdulov, Olzhas Abubakirov and Alnur Dauylbay, Haller Lomax LLP
In general, the effectiveness of environmental authori - ties in Kazakhstan displays a combination of positive and negative aspects. While there has been progress in developing a legal framework and institutions, sig - nificant challenges arise from the lack of enforcement capacity and reaching the institutional development ceiling in terms of government management, as well as economic dependence on oil production and min - ing. 2.2 Impact of Environmentally Protected Areas on Mining Kazakhstan features environmental preserved zones with a cumulative area of approximately 30.9 million hectares dedicated to safeguarding its natural land - scapes. The main protected areas are the following:
ritorial environmental authorities throughout the entire Environmental Impact Assessment (EIA) process. Prior to seeking approval from environmental author - ities, subsoil users are obligated to conduct public hearings. In preparation for these hearings, they must proactively inform the community where subsoil use activities are slated to take place, providing details such as the date, time and location of the impending hearings. Additionally, they are required to outline the procedure for interested parties to access pertinent materials related to the EIA of the project. Generally, for exploration activities, an EIA is not required, and accordingly, public hearings are not nec - essary. However, the subsoil user will need to conduct public hearings in the case of transitioning to mining. The public hearings entail creating a record of the pro - ceedings that encompasses the remarks and objec - tions voiced by the public community throughout the hearing. This record is documented in written form and subsequently made available on the website of the local executive body ( akimat ). According to the SSU Code, there is no explicit obli - gation to consider the results of consultations when designing and operating the mine. Instructions for for - mulating liquidation plans only mandate taking public opinion into account when defining elimination tasks. At the same time, Kazakhstan legislation does not provide for a concept of social impact assessment. 2.4 Prior and Informed Consultation on Mining Projects There are no requirements for mandatory consultation, except for public hearings. Please refer to 2.3 Impact of Community Relations on Mining Projects . 2.5 Impact of Specially Protected Communities on Mining Projects In Kazakhstan, there are no specially protected com - munities, such as indigenous people.
• 14 state national natural parks; • ten state nature (wildlife) reserves; • eight natural reserves; and • five state-protected areas.
Furthermore, subsoil use activities are prohibited with - in the territories of environmental preserved zones, with certain exceptions. Such exceptions include exploration activities at state-protected areas subject to approval of the authorised state body, and mining is allowed subject to approval of the RoK government. In 2025, amendments to the Land Code were adopted (effective from 1 January 2026), which narrowed the list of specially protected natural areas where mining operations may be allowed subject to RoK govern - ment approval. Moreover, Article 25 of the SSU Code lists the areas where exploration and mining operations are prohib - ited, such as water fund lands, areas of groundwa - ter of potable quality, lands designated for the needs of defence and national security, lands of townsites, roads, railways and airports. 2.3 Impact of Community Relations on Mining Projects The SSU Code mandates the establishment of condi - tions that facilitate the active involvement of the public community concerned, local executive bodies and ter -
207 CHAMBERS.COM
Powered by FlippingBook