CODE No. 212 of 9th JANUARY 2007 OF THE REPUBLIC OF KAZAKHSTAN

THE ECOLOGICAL CODE OF THE REPUBLIC OF KAZAKHSTAN

AMENDMENTS AND ADDITIONS INTRODUCED BY:
1)  Law No. 320 of 27th July 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Education.  (Article: 183).  Effective date n/a; 
2)  Law No. 97 of 4th December 2008 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Improving the Budget Procedure.   (Articles:  17, 20, 48, 51, 52, 54, 69, 71 repealed, 72, 74, 77, 78 (repealed), 79, 86, 169, 324).  Effective date n/a; 
3)  Law No. 101 of 10th December 2008 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Taxation.  (Articles:  16, 17, 19, 101, 103 repealed).  Effective January 1, 2009; 
4)  Law No. 164 of 23rd June 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to the Ecological Code of the Republic of Kazakhstan on Issues of Regulation of Import of Ecology Dangerous Technologies, Machinery and Equipment.  (Articles: 1, 17, 41, 47, 114, 199-1 introduced). Effective date n/a; 
5)  Law No. 188 of 17th July 2009 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Private Business.  (Articles: 1, 17, 119 replaced, 120 repealed, 121 repealed, 122 repealed, 123 repealed, 124 repealed, 125 replaced).  Effective date n/a;
6)  Law No.  200 of 16th November 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation. (Articles 12, 69). Effective January 1, 2010; 
7)  Law No. 242 of 21st January 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Fishing Economy. (Articles 239, 242). Effective date n/a;
8)  Law No. 258 of 19th March 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Statistics and Taxation. (Articles: 17, 78, 115, 151, 171, 221, 227, 296, 315 replaced). Effective date n/a; 
9)  Law No. 369 of 28th December 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Transport. (Article 257). Effective date n/a; 
10)  Law No. 378 of 6th January 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Control and Supervision. (Articles: 17, 119). Effective date n/a; 
11)  Law No. 379 of 6th January 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Law Enforcement Service and Award of Class Ranks, Military and Special Ranks, the Right to Wear the Uniform Clothing by Servicemen and Officers of Other State Authorities. (Article: 116). Effective date n/a; 
12)  Law No. 383 of 10th January 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Removal of Conflicts, Gaps, Collision Between Rules of Law of Various Legislative Acts, and Rules Favouring Commitment of Corruption Violations. (Articles: 75, 77, 116, 117, 166, 286, 293). Effective date n/a; 
13)  Law No. 414-IV of 1st March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Property. (Article 285). Effective date n/a; 
14)  Law No. 452 of 5th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Revision of the Competence of Authorised State Bodies and of the Government of the Republic of Kazakhstan to Pass Regulatory Legal Acts establishing Requirements to Audited Entities. (Articles: 1, 16, 17, 19, 20). Effective date n/a; 
15)  Law No. 461 of 15th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Permissive System. (Articles: 17, 20, 21, 28, 37 replaced, 38, 40, 44 repealed, 47, 50, 72, 74, 75, 76 replaced, 87 replaced, 88, 129, 130, 132, 208 repealed, 220, 221, 224, 262). Effective date n/a; 
16)  Law No. 479 of 22nd July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Housing Relations. (Articles: 1, 16, 17-1 introduced, 19, 19-1 introduced, 20, 20-1 introduced, 302). Effective date n/a; 
17)  Law No. 505 of 3rd December 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Ecological Issues. (Articles: 1 replaced, 6, 16, 17, 19, 20, 25, 26, 27 replaced, 28, 34-1introduced, 38, 39, 41, 47, 51, 57, 60, 68, 70, 71, 72, 73, 74, 75, 77replaced, 78, 79, 80, 89 replaced, Chapter 9-1 introduced, Articles: 94-1 introduced, 94-2 introduced, 94-3 introduced, 94-5 introduced, 94-6 introduced, 94-7 introduced, 94-8 introduced, 94-9 introduced, 94-10 introduced, 94-11 introduced, 94-12 introduced, 95, 96, 98, 106 repealed, 108, 114, 116, 117, 119, 145-1 introduced, 145-1 introduced, Chapter 20-1 introduced, Articles: 158-1 introduced, 158-2 introduced, 158-3 introduced, 158-4 introduced, 199, 215, 219, 220, 225, 237, 239, 245, 259, 262, 264, 267, 268, 269, 270, 280, 283, 284, 286replaced,  288, 288-1 introduced, 291, 293, 293-1 introduced, 297, 298, 299, 300, 301, 305, Heading of Chapter 45, Articles: 313 replaced, 314, 314-1 introduced, 315, 317 repealed, 318, 321, 324). Effective date n/a, except for amendments to: the part one of paragraph 1-1 of Article 70, the parts two, three of paragraph 2 of Article 72, paragraphs 1,5, 6, 7, 8 of Article 94-2, paragraph 2 of Article 288-1, paragraph 8 of Article 324, which are effective January 1, 2013; 
18)  Law No. 548 of 25th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Forestry, Fauna and Especially Protected Natural Territories. (Articles: 1, 24, 47, 114, 137, 149, 173, 205, 239, 267). Effective date n/a; 
19)  Law No. 15 of 27th April 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Exclusion of Conflicts, Gaps, Collisions Between Rules of Law of Various Legislative Acts and Rules Favouring the Commission of Corruption Violations. (Articles: 17, 60, 68, 77). Effective date n/a; 
20)  Law No. 31-V of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Technical Regulation and Metrology. (Article 230). Effective date n/a; 
21)  Law No. 34-V of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of State Monopoly. (Articles: 28, 145-2, 274 and 292). Effective date n/a; 
22)  Law No. 36 of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Reduction of Permissive Documents and Optimisation of Controlling and Supervisory Functions of the State Bodies. (Articles: 17, 21 and 114). Effective date n/a; 
23)  Law No. 60 of 24th December 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Registration of Legal Entities and Accounting Registration of Affiliates and Representations. (Article 78). Effective date n/a; 
24)  Law No. 102 of 13th June 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Separation of Powers Between State Government Bodies. (Articles: 1, 17,17-1 repealed, 20). Effective date n/a; 
25)  Law No. 107-V of 21st June 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Application of Measures of Non-tariff Regulation in the Customs Union. (Articles: 16, 17, 114, 288, 295, 313, 314, 315 replaced, 316). Effective date n/a; 
26)  Law No.  121 of 3rd July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to the Constitutional Law of the Republic of Kazakhstan and to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Exclusion of Contradictions, Gaps, Conflicts Between Rules of Law of Various Legislative Acts and Rules Favouring the Commission of Corruption Violations. (Article 154). Effective date n/a; 
27)  Law No. 124-V of 3rd July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legal Acts of the Republic of Kazakhstan on Issues of Bringing Them Into Line with the System of State Planning of the Republic of Kazakhstan. (Articles: 16, 17, 19, 20, 24, 47, 49, 98, 146, 160, 174, 178, 184, 186, 217, 246, 301, 312 repealed). Effective date n/a; 
28)  Law No. 159 of 13th January  2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Assignment of Competences of  State Bodies at Legislative and (or) Sub-legislative Levels. (Article 17). Effective date n/a; 
29)  Law No. 165 of 17th January 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Agroindustrial Complex. (Articles: 18, 112 and 220). Effective date n/a; 
       30) Law No. 189 of 11th April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Civil Protection. (Articles: 18, 112, 145-2 , 174, 199-1,  238, 268, 289). Effective date n/a; 
        31) Law No. 203 of 16th May 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Permissive System. (Articles: 21, 117). Effective date n/a; and
        32) Law No. 225 of 2nd July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Government. (Articles: 37, 47). Effective date n/a

General Part

The following  fundamental definitions are used in this Code:

1) mobile source of emission of polluting substances into the atmosphere * transport vehicles, technics and other mobile means and facilities equipped with internal combustion engines that function on various types of fuel;

2) observation point * a stationary or mobile point for observation of meteorological, agrometeorological and hydrological parameters of the environment;

3) established quantity * total volume of emissions of greenhouse gases considering absorption of greenhouse gases as determined within the framework of obligations under international treaties of the Republic of Kazakhstan;

	4) established quantity unit *   a carbon unit that is used to determine volume of emissions of greenhouse gases for the Republic of Kazakhstan in accordance with international treaties of the Republic of Kazakhstan in the field of climate change;

5)  biological diversity * the diversity of objects of  flora and fauna  within the framework of one strain, between strains and in the ecological systems; 

6)  biological resources * genetic resources, organisms or their parts, populations or any other biotic components of ecological systems which have actual or potential usefulness or value for the mankind;

7) mechanism of joint implementation * the procedure stipulated by international treaties of the Republic of Kazakhstan for implementation of investment projects of joint implementation, that allow to transfer carbon units, between legal entities of countries which have quantitative obligations relating to restriction and (or) reduction of emissions of greenhouse gases;

8) validation (determination) * reviewing the use of techniques and procedure for preparation of project solutions and documents within the framework of development of projects on reduction of emissions and absorption of greenhouse gases as regards the compliance with requirements established by international treaties of the Republic of Kazakhstan, that is carried out by an independent accredited organisation;

9) verification * the process of confirming information about reducing volumes of emissions of greenhouse gases that is carried out by an independent accredited organisation in accordance with the passed national and international standards in the sphere of reduction of emissions of greenhouse gases;

10)  genetically modified organisms * organisms capable to reproduction or transfer of hereditary genetic material, different from natural organisms, obtained with the application of the methods of gene engineering and containing gene-engineering material (genes, their fragments, or combination of genes);

11)  genetically modified products * products of vegetable and (or) animal origin obtained with the use of the methods of gene engineering, containing non-living genetically modified organisms or their components;

12)  the best available technologies * the used and the planned sector-related technologies, technics and equipment that provide for organizational and managerial measures aimed at the reduction of the level of negative impact of economic activity on the environment up to providing for the targeted indicators of the quality of environment;

13) persistent organic pollutants * the most hazardous organic compounds  that are persistent to destruction, characterised with biological accumulation and that are an object of transfrontier transmission on the air, water and by migratory species, and also that settle in a long distance from source of their emission, accumulate in ecosystems of the land and water ecosystems, cause the destruction of the immune, endocrine systems of living organisms and various diseases, including those oncological;

14) quota units * a carbon unit applicable to estimate the volume of a quota;

15) municipal wastes * consumption wastes that are formed in populated areas, including as a result of life activity of man, and also production wastes that are close to them according to the composition and nature of formation;

17) carbon unit * an assessment unit equivalent to one ton of carbon dioxide;

18) operator of the governmental register of carbon units * an organisation carrying out the maintenance of the governmental register of carbon units;

19) secondary circulation of carbon units * legal relations that are formed among subjects of the market of emission of greenhouse gases during the process of transferring, selling and different circulation of carbon units;

20) governmental register of carbon units * a system for record keeping of operations relating to the putting into circulation, storage, transfer, purchase, reserving, annulment, putting out of circulation of carbon units;

21)  record keeping of wastes * a system for gathering and presentation of information about the quantitative and qualitative characteristics of wastes and methods of handling with them;

22)  removal of wastes * operations on burial and destruction of wastes;

	23)  waste neutralization * decreasing or elimination of dangerous properties of wastes by mechanical, physic-chemical, or biological processing;  

24)  utilization of wastes * the use of wastes as secondary material or energy resources; 

25)  burial of wastes * warehousing of wastes in the places specially established for their safe storage during an unlimited period of time;

26)  type of wastes * an aggregate of wastes that have common features in accordance with their origin, properties, and technology of handling to be determined on the basis of the wastes classifier; 

27) disposal of wastes * storage or burial of industrial and consumption wastes;

	28)  processing of wastes * physical, chemical, or biological processes, including sorting, that are aimed at extracting from wastes raw materials and (or) other materials to be used subsequently in manufacture (production) of goods or other products, and also at changing the properties of wastes for the purposes of  facilitating the handling with them, decreasing their volume or dangerous properties;    

29) storage of wastes * warehousing of wastes in specially allocated places for subsequent utilisation, processing and (or) removal;

30) classification of wastes * the procedure for referring of wastes to levels in accordance with their hazard for the environment and health of man;

31) handling with wastes * the types of activity related to wastes, including prevention and minimization of the wastes formation, record keeping and control, accumulation of wastes, as well as collection, processing, utilization, neutralization, transportation, storage (warehousing), and removal of wastes;

32) classifier of wastes * an information-and-reference document of application nature which contains the results of classification of wastes;

32) non-hazardous wastes * wastes which have no hazardous properties;

33) hazardous wastes * wastes which contain harmful substances that have hazardous properties (toxicity, explosion hazard, radioactivity, fire risk, high reaction capability) and may represent a direct or potential hazard for the environment and health of man, independently, or when contacting other substances;

34)  passport of hazardous wastes * a document containing the standardized description of processes of the wastes formation by the place of origin, their quantitative and qualitative indicators, rules of handling with them, methods of their control, types of harmful impact of those wastes on the environment, health of man and (or) property of persons, information about wastes producers, other persons that have them in the ownership;

35) hazardous chemical substances * substances that have properties which can render direct or potential harmful impact on the health of man and environment;

37)  favorable environment * the environment which state provides for ecological safety and protection of the population health, preservation of bio-diversity, prevention of pollution, sustained functioning of ecological systems, reproduction and rational use of natural resources;

38) facility * a point source of emission of greenhouse gases;

39) operator of the facility * a legal entity that has in accordance with ownership or in legal use in the territory of the Republic of Kazakhstan a facility, whose functioning stipulates emission of greenhouse gases;

40) facility certificate * a document containing information about the geographic place of location of a given facility making emission of greenhouse gases, types of activity and parameters of the used technology, basic volume of emissions and technique for its assessment, and also the monitoring plan and other information needed for record keeping of facilities;

41)  environment * an aggregate of natural and artificial objects, including atmospheric air, ozone layer of the Earth, surface and underground waters, lands, subsoil,  flora and fauna, and also the climate in their interaction; 

42)  environmental damage * the pollution of environment or withdrawal of natural resources above the established standards that has caused or is causing degradation and depletion of natural resources or destruction of living organisms;

43)  environment emission * emission, discharges of pollutants, disposal of wastes of production and consumption in the environment, harmful physical impacts, disposal and storage of sulphur in the environment in the open form; 

44) limits for environment emission * a standard volume of environment emission as established for a definite period of time;