KAZAKHSTAN Law and Practice Contributed by: Timur Odilov, Mikhail Abdulov, Olzhas Abubakirov and Dauren Sadykov, Haller Lomax LLP
3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects
instance, in 2023, advanced satellite monitor - ing enabled Kazakhstani authorities to detect 77 new cases of illegal mining across the country. Engaging in illegal mining incurs severe penal - ties, including substantial fines and potential criminal liability. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects Positive outcomes resulting from mining activi - ties in local communities are often linked to the initiation of social initiatives by subsoil users in the cities and villages surrounding mining areas. These initiatives encompass the construction of essential infrastructures, such as roads, parks, and sports complexes, as well as providing financial and technical assistance to local busi - nesses and entrepreneurs, thereby contributing to the well-being of local residents. Additionally, comprehensive environmental management programmes are implemented, featuring refor - estation projects and measures to control pol - lution. For instance, Eurasian Resources Group, Kazzinc and other major mining companies have demonstrated their commitment by investing in the establishment of schools, hospitals, and various other infrastructure projects within com - munities near their mine sites. Examples of negative impacts are typically linked to pollution or the damage of natural resources, resulting in environmental degrada - tion and adverse effects on the health and liveli - hoods of local residents. In addition, unsatisfac - tory labour practices, such as low wages and lack of safety compliance, contribute to these negative impacts.
General provisions regarding climate change are contained in the Environmental Code. Addition - ally, in response to the tangible threats of climate change, the President of Kazakhstan has signed the Strategy for Achieving Hydrocarbon Neutral - ity in the Republic of Kazakhstan by 2060. Kazakhstan has also ratified the following inter - national treaties in climate change: • the Paris Climate Agreement; • the Convention on Long-Range Transbound - ary Air Pollution; • the Vienna Convention for the Protection of the Ozone Layer; and • the Kyoto Protocol to the United Nations Framework Convention on Climate Change. By 31 December 2030, Kazakhstan aims to reduce its carbon balance by at least 15% from the 1990 level and is committed to achieving hydrocarbon neutrality by 2060. In addition, in order to reduce greenhouse gas emissions, the Environmental Code establishes carbon quotas for carbon dioxide emissions. In simple terms, hydrocarbon quotas mean the vol - ume of free carbon units distributed by the Minis - try of Environment and Natural Resources based on the benchmarking methodology. Installations in the sectors of electricity, oil and gas, mining, metallurgical and chemical industries, as well as manufacturing industries in terms of the pro - duction of cement, lime, gypsum and bricks are subject to carbon quotas if they emit more than 20,000 tons of carbon dioxide per year.
264 CHAMBERS.COM
Powered by FlippingBook