Footnote. The title of the order is amended in the state language, the text in Russian does not change, in accordance with the order of the Minister of Energy of the Republic of Kazakhstan dated June 21, 2016 No. 260 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
In accordance with subparagraph 30) of article 17 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007, I ORDER :
1. To approve the attached Rules for conducting public hearings.
Footnote. Paragraph 1 is amended in the state language, the text in Russian does not change, in accordance with the order of the Minister of Energy of the Republic of Kazakhstan No. 260 dated June 21, 2016 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
2. To bring this Order to the attention of the structural and territorial divisions of the Ministry of Environmental Protection of the Republic of Kazakhstan.
3. This order comes into effect upon the expiration of ten calendar days after the day of their first official publication.
|
Minister |
| Approved by order of the Minister of Environmental Protection of the Republic of Kazakhstan dated May 7, 2007 No. 135-p |
Rules for holding public hearings
Footnote. Rules as amended by order of the Minister of Energy of the Republic of Kazakhstan dated June 21, 2016 No. 260 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for conducting public hearings (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 30) of article 17 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 (hereinafter referred to as the Code) and determine the procedure for holding public hearings.
2. The following terms and definitions are used in these Rules:
1) the public - one or more natural or legal persons, their associations, organizations or groups, public associations;
2) public hearings - one of the forms of exercising the rights of the public to participate in the process of making state and administrative decisions by holding open meetings, polling to take into account the opinion of the interested public;
3) interested public - the public that is or may be affected by the decision-making process on issues related to the environment, or which has an interest in this process;
4) customer - the initiator of the planned management, economic, investment and other activities;
Other terms and definitions used in these Rules are applied in accordance with the legislation of the Republic of Kazakhstan in the field of environmental protection.
3. In accordance with subparagraph 4) of Article 20 of the Code, local executive bodies of regions, cities of republican significance, the capital (hereinafter referred to as local executive bodies) organize public hearings during the state environmental expertise .
4. Participants in public hearings are:
1) the public concerned;
2) local executive body;
3) the authorized body in the field of environmental protection for objects of category I;
4) state bodies, whose competence includes the adoption of the discussed decisions;
5) mass media (hereinafter - mass media), if they are interested;
6) the customer.
5. On the Internet resource of the local executive body, a special section "Public Hearings" is created in the form, in accordance with Appendix 1 to these Rules.
6. Public hearings are held:
1) in the form of open meetings of the interested public on economic activities:
on projects specified in subparagraphs 2), 3), 4), 5), 6) of paragraph 1 of Article 57-2 of the Code;
for objects of I, II categories specified in subparagraph 1) of paragraph 1 of Article 57-2 of the Code;
2) in the form of a survey to take into account the opinion of the public concerned for objects of III, IV categories specified in subparagraph 1) of paragraph 1 of Article 57-2 of the Code.
In this case, questionnaires are drawn up in the form, in accordance with Appendix 2 to these Rules.
Footnote. Clause 6 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
7. At public hearings, the customer submits documentation on environmental impact assessment in accordance with paragraph 1 of Article 41 of the Code, with the exception of subparagraph 14) of paragraph 1 of Article 41 of the Code.
Footnote. Clause 7 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 2. Procedure for holding public hearings
Paragraph 1. Public hearings in the form of open meetings
8. The customer preliminarily agrees with the local executive body the time and place of public hearings, a preliminary list of the interested public and justifies the most effective ways of informing it (announcements in the media, newsletters, stands, written requests).
9. The local executive body shall agree on the list of the interested public, the method of informing, the time and place of holding public hearings, and determine the person responsible for holding public hearings.
10. For holding public hearings in the form of open meetings, the customer publishes an announcement in the media about holding public hearings in the form of open meetings in the state and Russian languages no later than twenty working days before the public hearings, indicating the following information:
date, time and place of public hearings;
the name of the local executive body and the contact details of the person responsible for organizing public hearings;
e-mail address of the local executive body, where comments and suggestions are accepted;
the address of the Internet resource of the local executive body where the project documentation is posted;
the address of the place where members of the public can familiarize themselves with project materials in paper form
the name of the state body for carrying out the state ecological expertise;
name and contact details of the customer;
the address of the Internet resource or e-mail of the customer, where comments and suggestions are accepted;
name and contact details of the developer of the documentation.
Footnote. Clause 10 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
11. The customer sends an announcement of public hearings, project documentation for posting on the Internet resource of the local executive body.
12. Local executive bodies, twenty days before public hearings, provide open access to environmental information related to the procedure for assessing the environmental impact of planned economic and other activities and the process of making decisions on these activities through the Internet resource, as well as using other methods of information ...
13. The interested public submits comments and suggestions (if any) to the customer on project documentation within 3 working days before the date of the public hearing.
14. On the day of public hearings, at the appointed time and place, registration of the participants in the hearings is carried out by the person responsible for holding the public hearings.
Footnote. Clause 14 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
15. Public hearings are opened by a representative of the local executive body. By a majority vote of the participants, the agenda, rules of procedure are approved, the chairman and secretary are elected.
16. The customer's reports on the project are heard. The reports contain information in accordance with paragraph 1 of Article 41 of the Code, with the exception of subparagraphs 1), 2), 14) of paragraph 1 of Article 41 of the Code.
17. At public hearings, all interested persons speak according to the established rules and ask questions to the speakers.
18. The local executive body provides an electronic record of the meeting of public hearings.
19. The results of public hearings are recorded in the minutes in the form specified in Appendix 3 to these Rules. The protocol is drawn up taking into account the opinions of the persons who took part in the public hearings, as well as those received through the Internet resource or using other means of informing, comments and suggestions. The Protocol reflects the comments and suggestions from the interested public related to the customer's project, and the customer's position on taking into account each remark and proposal, as well as information on the possibility of appealing the decision. The minutes are signed by the chairman and the secretary of public hearings and posted on the Internet resource of the local executive body no later than seven working days after the public hearings.
Footnote. Clause 19 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
20. The customer submits one copy of the Protocol of public hearings to the local executive body for publication on the Internet resource no later than seven working days after the public hearings.
21. Public hearings are considered to be held with the obligatory participation of the representatives specified in subparagraphs 1), 2) of paragraph 4 of these Rules.
Footnote. Clause 21 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Paragraph 2. Public hearings in the form of a survey
22. The customer notifies the local executive body of the conduct of public hearings in the form of a survey.
23. The local executive body determines the person responsible for ensuring public access to information on holding public hearings.
24. The customer publishes an announcement in the media about public hearings in the form of a survey in the state and Russian languages, indicating the following information:
the name of the local executive body and the contact details of the person responsible for organizing public hearings;
the name of the state body for carrying out the state ecological expertise;
name and contact details of the customer;
name and contact details of the developer of the documentation;
the address of the Internet resource of the local executive body, where the project documentation and the questionnaire on taking into account the opinion of the interested public are posted;
the address of the Internet resource or e-mail of the customer, where comments and suggestions are accepted;
the period of holding public hearings in the form of a survey (at least 20 working days) with an indication of the start and end dates for receiving comments and proposals.
Footnote. Clause 24 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
25. The responsible person of the local executive body, in case of receipt of comments and (or) proposals from the interested public, sends them to the customer.
26. The customer analyzes the comments and (or) proposals received from the public.
27. The responsible person of the local executive body, together with the customer, draw up a Protocol on holding public hearings in the form of a survey, in the form specified in Appendix 4 of these Rules. The Protocol reflects the comments and (or) proposals from the interested public and the customer's position on taking into account each comment and (or) proposal, as well as information on the possibility of appealing the decision.
Footnote. Clause 27 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
28. The minutes of public hearings are posted on the Internet resource of the local executive body no later than seven working days after the public hearings in the form of a survey.
Footnote. The rules were supplemented with clause 28 in accordance with the order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
| Appendix 1 to the Rules for Conducting Public Hearings |
The form
Rubric of the Internet resource of the local executive body
"Public Hearings"
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Posting date |
Ad |
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The text of the announcement of public hearings, as well as the name of the local executive body and contact details of the person responsible for organizing public hearings and receiving comments and suggestions; |
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Comments and (or) proposals of the interested public on the project documentation |
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public opinion survey questionnaire |
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completed questionnaires on public opinion accounting |
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minutes of public hearings |
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Minutes on holding public discussions in the form of a survey |
| Appendix 2 to the Rules for Conducting Public Hearings |
The form
QUESTIONNAIRE No. _____
to take into account the views of the public concerned
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Date __________ 1.Furname, patronymic, (name of the legal entity), IIN (BIN) ________________ _____________________________________________________________________ |
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2. Place of residence or legal address ___________________________ (name of the settlement) |
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3. Occupation ______________________________________________________ |
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4. Contact information _______________________________________________ (Address, phone number, other, fill in if necessary to receive an answer) |
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5. Name of organization, address, telephone _________________________ (To be completed if the survey participant represents an organization) |
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6. Assessment of the completeness of the information provided on the planned activity: _______________________________________________________ _____________________________________________________________________ |
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7. Comments, suggestions: ________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ |
| Appendix 3 to the Rules for Conducting Public Hearings |
Footnote. Appendix 3 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
| The form |
The protocol of public hearings in the form of public meetings
on the draft ____________________________________________________ _____________
1. Date: ________________________________________________________
2. Venue: _______________________________________________________
3. Public hearing organized ____________________________________
(local executive body)
4. Information about public hearings brought
to the attention of the public through:
________________________________________________________________________________
(Note Use means of communication, such as names
Mass media and publication dates)
5. Participated: ______________________________________________________________
(indication of all participants or main categories of participants with the
provision of a complete list as an annex to the protocol)
6. Agenda of public hearings: _____________________________________
(main agenda items and time frames provided for them)
7. Speakers : _____________________________________________________
(list of speakers, topics and the main essence of their reports and
speeches, if there are texts of reports and speeches, their inclusion
as an annex to the protocol)
8. Questions, suggestions and comments from members of the public:
________________________________________________________________________________
(statement of questions and answers, suggestions and comments indicating the
persons and the organization or target group they represent; if
long written proposals and comments are provided, they should
be included as an annex to the protocol).
9. Customer's response to questions, suggestions and comments:
________________________________________________________________________________
10. Main conclusions based on the results of the discussion: __________________________________
11. It is possible to appeal the decision in the manner prescribed by law.
Chairman of public hearings: _______________________________________
(Last name, first name and patronymic (if any), signature)
Secretary of public hearings: __________________________________________
(Last name, first name and patronymic (if any), signature)
| Appendix 4 to the Rules for Conducting Public Hearings |
Footnote. Appendix 4 as amended by order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017 No. 307 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
| The form |
Protocol on holding public hearings in the form of a survey
on the project: _________________________________________________________ ______
Address: ________________________________________________________________
Date of preparation of the report ________________________________________
Acquaintance with the materials was carried out within _____ days from _________
at the addresses:
Full name of the documentation: __________________________________
Place of business activity: _____________________
Customer: _____________________________________
Developer: _________________________________________
Procedure for conducting public hearings in the form of a survey:
publication of an information announcement in the following media
: __________________________________________
Processing of the results of public hearings in the form of a survey:
during the time of the public hearings in the form of a survey,
______ questionnaires.
After holding public hearings in the form of a survey, the customer was
offered: ___________________________________________________
Analysis of comments and suggestions made during public
hearings in the form of a survey: ________________________________________
It is possible to appeal the decision in the manner prescribed by law.
Responsible
person of the local
executive __________
body
Customer_________
Appendix: completed questionnaires of participants in public
hearings in the form of a survey