KAZAKHSTAN Law and Practice Contributed by: Timur Odilov, Mikhail Abdulov, Olzhas Abubakirov and Dauren Sadykov, Haller Lomax LLP
The above-mentioned guarantees do not apply to changes in the legislation of the Republic of Kazakhstan related to national security, defence capability, environmental safety, healthcare, tax - ation, and customs regulation.” Transition from contractual to licensing regime Subsoil users under the subsoil use contract are entitled to apply for the transition of their contracts to the relevant subsoil use licence, subject to the decision of the MIC’s commis - sion. However, the transitioning rules are not well drafted. Most issues are at the discretion of the MIC’s commission, for example, inclusion of the additional obligations, grounds for rejection, etc. The main legal act regulating environmental pro - tection is the Environmental Code. It covers a wide range of environmental issues, including air and water quality, waste management, biodi - versity conservation, and environmental impact assessment. Some of the key distinguishing novelties of the Environmental Code are the best available tech - nologies at environmental management, envi - ronmental monitoring and control and “polluter pays” principle. According to interpretation of this principle in Kazakhstan, a polluter is finan - cially responsible for the environmental damage they cause and are required to take measures to mitigate the damage. 2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects
Certain activities with potential environmental impacts, such as mining activities, require an environmental permit. The Environmental Code contains the lists of activities and quantitative criteria, according to which a facility is allocated to Category I, II or III (ie, facilities that have either a significant, or moderate, or insignificant nega - tive impact on the environment, respectively). Obtaining an environmental permit is mandatory for construction and/or operating Category I or II facilities. In contrast, Category III facilities can be constructed and operated by submitting a notification to the relevant permitting authority. Generally, exploration activities under the explo - ration licences fall under Category IV (objects that have a minimal negative impact on the envi - ronment) that do not require obtaining an envi - ronmental permit. There are two types of environmental permits: • integrated environmental permit; and • environmental impact permit. The environmental permits for Category I facili - ties are issued by the Committee for Environ - mental Regulation and Control, the subordinate entity of the Ministry of Environment and Natu - ral Resources or its territorial departments (for Category II – by local executive authorities) in electronic form through the e-government web portal. In order to secure a permit, a legal entity needs to apply to the relevant permitting authority along with supporting documents. These docu - ments should include project documentation for the construction and/or operation of facilities, draft emission limits, a draft waste management programme, a draft programme of industrial environmental control and other documents.
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