General Provisions of environmental law.

The environmental legislation of the Republic of Kazakhstan shall be based on the Constitution of the Republic of Kazakhstan and shall comprise Environmental Code and other laws and regulations of the Republic of Kazakhstan.

2. If a treaty ratified by the Republic of Kazakhstan sets forth rules other than those contained herein, then the rules of the treaty shall apply.

3. In the event that there are discrepancies between Environmental Code and other laws of the Republic of Kazakhstan regulating the relationship arising out of environmental protection, the rules of Environmental Code shall apply.

4. Relationship arising out of the protection and use of environmental objects and specially protected natural areas shall be governed by the relevant laws of the Republic of Kazakhstan to the extent not regulated by Environmental Code.

Relationship Regulated by environmental code

Environmental Code shall govern relationship arising out of the protection, restoration and preservation of the environment, use and reproduction of natural resources in the course of carrying out business or other activities, which involve natural resource use and impact on the environment, within the territory of the Republic of Kazakhstan.

Parties to the relationship regulated by this Code shall include individuals and legal entities, the State, and government agencies responsible for the government regulation of environmental protection, and for the government administration of natural resource use.

Fundamental Principles of the Environmental Legislation of the Republic of Kazakhstan

The following shall be the fundamental principles of the environmental legislation of the Republic of Kazakhstan:

1) ensuring sustainable development of the Republic of Kazakhstan;

2) ensuring environmental safety;

3) using the ecosystem approach to the regulation of environmental relations;

4) government regulation of environmental protection, and government administration of natural resource use;

5) binding nature of preventive measures as to the prevention of environmental pollution and any other environmental damage whatsoever;

6) unavoidable liability for violations of the environmental legislation of the Republic of Kazakhstan;

7) liability to compensate environmental damage;

8) environmental impact subject to special fees and authorisations;

9) applying best environmentally sound and resource-saving technologies in the course of using natural resources and impacting the environment;

10) cooperation, coordination and publicity of the activities of state environmental protection authorities;

11) incentivising nature users to prevent, reduce and eliminate environmental pollution, and to reduce waste;

12) publicly available environmental information;

13) pursuing the national interests in the course of using natural resources and impacting the environment;

14) harmonisation of the environmental legislation of the Republic of Kazakhstan with the international law principles and rules; and

15) presuming the environmental hazard of proposed business or other activities, and mandatory assessment of their impact on the environment and human health before making a decision to engage in such activities.

 

Structure of the Environmental Code of the Republic of Kazakhstan.

GENERAL PART

Section 1. General Provisions

Chapter 1. General Provisions 

Chapter 2. Rights and Obligations of Individuals, Public Associations, and Local Authorities

Chapter 3. Competence of Government Agencies in Relation to Environmental Protection and Nature Use

Section 2. Licensing of Environmental Protection-Related Activities; Environmental Regulation; Technical Regulation of Environmental Protection; Environmental Impact Assessment; Environmental Review; Environmental Permits; and Environmental Audit

Chapter 4 Environmental Regulation

Chapter 5. Technical Regulation in Environmental Protection

Chapter 6. Environmental Impact Assessment

Chapter 7. Environmental Review

Chapter 8. Environmental Permits 

Chapter 9. Environmental Audit