What does the New Environmental Code say about environmental regulation

In connection with the introduction of the New Environmental Code (hereinafter referred to as the Code), since July 1, 2021, changes have also occurred in terms of state environmental regulation.

State regulation of environmental relations is carried out through the establishment by the State of environmental requirements that are mandatory for the subjects of the relations regulated by this Code, and the use of state regulation instruments in the field of environmental protection in accordance with this Code.

Environmental requirements are understood as rules, requirements, restrictions and prohibitions established by the Code, which are aimed at ensuring environmental protection.
The instruments of state regulation in the field of environmental protection are understood as a set of measures, actions and procedures aimed at ensuring compliance with environmental requirements.
The instruments of state regulation in the field of environmental protection are:
1) licensing of environmental protection activities;
2) environmental rationing;
3) technical regulation in the field of environmental protection;
4) environmental assessment;
5) state environmental expertise;
6) environmental permits and environmental impact declarations;
7) monitoring of the environment and natural resources;
8) state environmental control;
9) notification procedure for the collection, sorting and (or) transportation of waste;
10) instruments of state regulation in the field of greenhouse gas emissions and removals.
Also, according to the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated June 2, 2020 No. 130 "On approval of the Rules for the provision of Public Services in the field of environmental protection" and in accordance with the Order of the Acting Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated January 31, 2020 No. 39/NK "On approval of the Register of Public Services", the Department (Department of Environmental Regulation) provides 5 public services, this is 1) Issuance of environmental impact permits for Category I facilities; 2) Issuance of conclusions of the state environmental expertise carried out by the authorized body in the field of environmental protection; 3) Issuance of a comprehensive environmental permit; 4) Issuance of an opinion on the results of environmental impact assessment; 5) Issuance of an opinion on determining the scope of environmental impact assessment and (or) screening of the impacts of the planned activity. These types of public services are provided in electronic format through the e-government web portal "www.elicence.kz ". According to the old Environmental Code of 2007, the Department provided 2 public services. Since all public services are provided in electronic format, there are no conditions conducive to the commission of corruption offenses.
It should be noted that in just 11 months of 2021, the Department received 100 project materials, 24 applications for environmental emissions permits and 21 applications for issuing an opinion on determining the scope of environmental impact assessment and (or) screening of the impacts of the planned activities. The Department has provided 92 public services.
The operator of an object is understood to be a natural or legal person who owns or otherwise legally uses an object that has a negative impact on the environment.

According to paragraph 3 of Article 418 of the Code, operators of facilities put into operation before July 1, 2021, or facilities not put into operation, for which positive conclusions of the state environmental expertise or complex non-departmental expertise were issued before July 1, 2021, which were recognized as subjects of special nature management in accordance with the EC of the Republic of Kazakhstan dated 09.01.2007, must submit an application to the authorized body in the field of environmental protection in order to assign the relevant facilities to I, II, III and IV categories.
When assigning objects to the appropriate category , the following are taken into account:
1) levels of negative impact on the environment by type of activity (industry, part of the industry, production, facility);
2) the level of toxicity, carcinogenic and mutagenic properties of pollutants contained in emissions, discharges of pollutants, as well as the classification of waste.
In order to classify objects into categories, a Single Environmental Portal was developed - http:// company.ecogov.kz .
To date, according to the issued permits for emissions into the environment for 1.07.2021, there are about 6,500 operators of objects of I, II, III and IV categories in the region. However, not all operators have applied. Facebook Instagram, although the Department has sent letters about submitting applications for this portal to local executive bodies, NCE "Atameken", ads have been published on the Department's social media pages. I would also like to note that applications for the definition of categories are still being accepted.
Since July 1, the Department's Environmental Regulation Department has reviewed 2,591 applications.
For example, if Permits for emissions into the environment received before July 1, 2021 by operators operating at facilities classified as Category I or II facilities from July 1, 2021, are valid until the expiration of such permits and documents or until the day of receipt of an environmental permit in accordance with the Code.
Also, after the approval of the category, Category III facilities are required to submit an environmental impact declaration in accordance with this Code no later than December 31, 2021 and ceases from the date of submission of the environmental impact declaration. Persons carrying out activities at Category III facilities (hereinafter referred to as the declarant) submit a declaration on environmental impact to the local executive body of the relevant administrative-territorial unit. The environmental impact declaration is submitted in writing or in the form of an electronic document signed with an electronic digital signature.
Objects of category IV, - will be discontinued from July 1, 2021.
At the same time, we note that after the confirmation of Category III and IV facilities, these facilities will be released from environmental responsibilities, that is, reporting on industrial environmental control and environmental action plans.
Also, from January 1, 2022, the Law on Amendments and Additions to the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) and the Law of the Republic of Kazakhstan "On the Entry into Force of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code)" on environmental issues, Law of the Republic of Kazakhstan dated January 2, 2021 No. 402-VI SAM. And in the same amendments to the Tax Code from 2022, those who have a confirmatory Decision on determining the category of an object from the Department of Ecology assigned to objects of IV categories are exempt from environmental taxes.
For regulatory issues (categorization, screening, environmental regulation), you can contact the Department of Environmental Regulation by phone: 8(7282) 24-44-55.