https://unicaselaw.com/blog/kazakhstan-develops-a-new-draft-law-requiring-the-environmental-audit-eng
Author: Alexandra Mussina (Junior Associate)
Previously, the environmental audit was obligatory, but later was ceased after the adoption of the new Environmental Code.
The draft law called “The Law of the Republic of Kazakhstan “On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on forestry issues and specially protected natural areas” (“Draft Law”) was initiated by the Ministry of Environment and Natural Resources of the Republic of Kazakhstan (“The Ministry”). It is expected to introduce changes to the Environmental Code No. 400-VI ZRC dated 2 January 2021 (“Environmental Code”) and Law No. 202-V dated 16 May 2014 “On permits and notifications” of the Republic of Kazakhstan. According to the Ministry, the project was developed within the “Economic Course of Fair Kazakhstan” according to the message of the President of the Republic of Kazakhstan, Kassym-Zhomart Tokayev.
It provides as follows:
Facility operators of the I category will be obliged to undergo mandatory environmental audit in case they systematically exceed the established emission level of (at least twice a year and more).
According to a new article 175-1 to the Environmental Code, an environmental audit shall be carried out within 6 months from the date of receipt of the order to eliminate violations on the basis of an agreement between the environmental auditor and the subject being audited.
The environmental audit report shall be submitted to the local department of the Ministry, who shall review it within 30 working days of receipt.
Following the review of the report, the Ministry shall have the right:
- File a complaint to the court issuing the suspension or prohibition of the activity of the audited entity (facility); or
- to amend the conditions of environmental permit or to apply to specially authorized state bodies with a proposal to amend the terms of contracts for the use and removal of natural resources, and other permits.
The environmental auditor is entitled to carry out environmental auditing activities as an individual entrepreneur or an environmental auditing organization employee.
Environmental auditing activities for category I facilities will require a licence.
Public discussions on the «Open Normative legal acts» website lasted until 26 January 2024, following which, according to our informal request, the Ministry will continue to develop the draft law.
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