KAZAKHSTAN Law and Practice Contributed by: Timur Odilov, Mikhail Abdulov, Olzhas Abubakirov and Dauren Sadykov, Haller Lomax LLP
2.3 Impact of Community Relations on Mining Projects The SSU Code mandates the establishment of conditions that facilitate the active involvement of the concerned public community, local execu - tive bodies, and territorial environmental authori- ties throughout the entire Environmental Impact Assessment (EIA) process. Prior to seeking approval from environmental authorities, subsoil users are obligated to con - duct public hearings. In preparation for these hearings, they must proactively inform the com - munity 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 pro - cedure 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 necessary. However, the subsoil user will need to conduct public hearings in case of tran - sitioning to mining. The public hearings entail creating a record of the proceedings, encompassing the remarks and objections voiced by the public community throughout the hearing. This record is docu - mented 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 obligation to consider the results of consulta - tions when designing and operating the mine. Instructions for formulating liquidation plans only mandate taking public opinion into account when defining elimination tasks.
In general, the effectiveness of environmental authorities in Kazakhstan displays a combination of positive and negative aspects. While there has been progress in developing a legal framework and institutions, significant 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 mining. 2.2 Impact of Environmentally Protected Areas on Mining Kazakhstan features environmental preserved zones with a cumulative area of approximately 29.3 million hectares dedicated to safeguarding its natural landscapes. The main protected areas are the following:
• 14 state national natural parks; • ten state nature (wildlife) reserves; • seven natural reserves; and • five state-protected areas.
Furthermore, subsoil use activities are prohibited within 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. Moreover, Article 25 of the SSU Code lists the areas where exploration and mining operations are prohibited, such as water fund lands, areas of groundwater of potable quality, lands des - ignated for the needs of defence and national security, lands of townsites, roads, railways and airports.
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