On the Semipalatinsk Nuclear Safety Zone
Law of the Republic of Kazakhstan dated July 5, 2023 No. 16-VIII ZRK.
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Enters into force on January 1, 2024
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This Law regulates public relations arising from the creation and functioning of the Semipalatinsk Nuclear Safety Zone.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) authorized body in the field of atomic energy use (hereinafter - the authorized body) - the central executive body responsible for leadership in the field of atomic energy use;
2) Semipalatinsk Nuclear Safety Zone - a restricted part of the territory of the Republic of Kazakhstan that has been subjected to above-standard radioactive contamination due to nuclear weapons testing on the territory of the former Semipalatinsk Nuclear Test Site, where a special legal regime established by the legislation of the Republic of Kazakhstan is in effect;
3) territory passport of the Semipalatinsk Nuclear Safety Zone - a document containing a system of indicators characterizing the territory, a map-diagram indicating the location of the territory and functional zones, designation of infrastructure facilities of the Semipalatinsk Nuclear Safety Zone, geographical coordinates, description of boundaries, area of its territory, types of protection regime, permitted and prohibited activities, visitation rules, operating hours, information about adjacent landowners and land users, and their obligations;
4) authorized organization for ensuring the functioning of the Semipalatinsk Nuclear Safety Zone (hereinafter - the authorized organization) - a legal entity designated in accordance with this Law to ensure the functioning of the Semipalatinsk Nuclear Safety Zone from among state enterprises under the jurisdiction of the authorized body;
5) infrastructure facilities of the Semipalatinsk Nuclear Safety Zone (hereinafter - infrastructure facilities) - a complex of production and testing sites, technical means, devices, engineering and transport communications, buildings, structures and their complexes, land plots located within the territory of the Semipalatinsk Nuclear Safety Zone and used for its functioning;
6) comprehensive environmental survey of territories where nuclear weapons tests were conducted (hereinafter - comprehensive environmental survey) - a radioecological survey aimed at assessing the state of the environment at the former Semipalatinsk Nuclear Test Site and/or adjacent territories that have been subjected to above-standard radioactive contamination due to nuclear weapons testing.
Article 2. Legislation of the Republic of Kazakhstan on the Semipalatinsk Nuclear Safety Zone
Article 3. Purposes, objectives of creation and principles of legislative regulation of the Semipalatinsk Nuclear Safety Zone
1) fulfillment of state obligations to ensure nuclear and radiation safety, maintain the nuclear non-proliferation regime on the territory of the Semipalatinsk Nuclear Safety Zone and adjacent lands;
2) organization of effective management and proper maintenance, repair, reconstruction, and modernization of infrastructure facilities;
3) carrying out work to limit the spread of radioactive contamination, rehabilitate lands subjected to above-standard radioactive contamination, and enhance the safety of the Semipalatinsk Nuclear Safety Zone;
4) ensuring constant monitoring of the level of radioactive contamination of atmospheric air, groundwater and surface water, soil and plants, as well as determining the parameters of radionuclide migration in the Semipalatinsk Nuclear Safety Zone;
5) development of science and technology in the field of peaceful use of atomic energy and radioecology.
1) safety - ensuring high-quality and reliable analysis of the radioecological situation during comprehensive environmental surveys, monitoring of radioactive contamination levels, as well as determining radionuclide migration parameters;
2) transparency - ensuring accessibility of information about the functioning of the Semipalatinsk Nuclear Safety Zone, as well as conducting events to publicize activities related to the implementation of this Law;
3) non-proliferation - fulfillment of the international obligations of the Republic of Kazakhstan to limit the spread of nuclear materials and ensure nuclear and radiation safety on the territory of the Semipalatinsk Nuclear Safety Zone;
4) prevention - carrying out activities aimed at limiting the spread of radioactive contamination and rehabilitating the territory of the Semipalatinsk Nuclear Safety Zone that has been subjected to above-standard radioactive contamination.
Chapter 2. STATE REGULATION IN THE FIELD OF CREATION AND FUNCTIONING OF THE SEMIPALATINSK NUCLEAR SAFETY ZONE
Article 4. Competence of the Government of the Republic of Kazakhstan in the field of creation and functioning of the Semipalatinsk Nuclear Safety Zone
The competence of the Government of the Republic of Kazakhstan in the field of creation and functioning of the Semipalatinsk Nuclear Safety Zone includes:
1) development of the main directions of state policy in the field of creation and functioning of the Semipalatinsk Nuclear Safety Zone;
2) creation of the Semipalatinsk Nuclear Safety Zone, establishment and change of boundaries, areas of its land plots;
3) determination of the authorized organization upon the proposal of the authorized body;
4) performance of other functions assigned to it by the Constitution of the Republic of Kazakhstan, this Law, other laws of the Republic of Kazakhstan, and acts of the President of the Republic of Kazakhstan.
Article 5. Competence of state bodies in the field of creation and functioning of the Semipalatinsk Nuclear Safety Zone
1) implementation of state policy in the field of creation and functioning of the Semipalatinsk Nuclear Safety Zone;
2) carrying out inter-sectoral coordination of activities in the field of creation and functioning of the Semipalatinsk Nuclear Safety Zone;
3) organization of comprehensive environmental surveys;
4) approval of comprehensive environmental survey materials justifying the establishment of boundaries and areas of land plots of the Semipalatinsk Nuclear Safety Zone and their change;
5) development and submission for approval to the Government of the Republic of Kazakhstan of rules for transferring reserve lands to nuclear safety zone lands;
6) submission of proposals to the Government of the Republic of Kazakhstan on the creation of the Semipalatinsk Nuclear Safety Zone, on the establishment and change of boundaries and areas of its land plots, transfer of reserve lands to nuclear safety zone lands;
7) submission of proposals to the Government of the Republic of Kazakhstan on the determination of the authorized organization;
8) approval of the proposal of the authorized organization on changing the boundaries and areas of land plots of the Semipalatinsk Nuclear Safety Zone;
9) development and approval of rules for the development and registration (re-registration) of the territory passport of the Semipalatinsk Nuclear Safety Zone;
10) registration (re-registration) of the territory passport of the Semipalatinsk Nuclear Safety Zone;
11) development and approval of methodologies for conducting comprehensive environmental surveys in coordination with the authorized body in the field of environmental protection;
12) development and approval of rules for conducting constant monitoring of the level of radioactive contamination of atmospheric air, groundwater and surface water, soil and plants, as well as determining the parameters of radionuclide migration in the Semipalatinsk Nuclear Safety Zone in coordination with the authorized body in the field of environmental protection;
13) exercise of other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
1) conducting state environmental expertise of comprehensive environmental survey materials justifying the establishment of boundaries and areas of land plots of the Semipalatinsk Nuclear Safety Zone and their change;
2) exercise of other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
1) exercise of state control and supervision on the territory of the Semipalatinsk Nuclear Safety Zone over compliance with sanitary and epidemiological requirements aimed at protecting the health of citizens;
2) conducting sanitary and epidemiological expertise of comprehensive environmental survey materials justifying the establishment of boundaries and areas of land plots of the Semipalatinsk Nuclear Safety Zone and their change;
3) exercise of other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 6. Competence of local executive bodies of regions within whose boundaries the Semipalatinsk Nuclear Safety Zone is located
The competence of local executive bodies of regions within whose boundaries the Semipalatinsk Nuclear Safety Zone is located includes:
1) implementation, within their competence, of state policy in the field of creation and functioning of the Semipalatinsk Nuclear Safety Zone;
2) exercise, in the interests of local state administration, of other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
Chapter 3. CREATION AND FUNCTIONING OF THE SEMIPALATINSK NUCLEAR SAFETY ZONE
Article 7. Creation of the Semipalatinsk Nuclear Safety Zone, establishment or change of boundaries and areas of its land plots
1) inconsistency of the proposal to change the boundaries and areas of land plots of the Semipalatinsk Nuclear Safety Zone with state policy priorities;
2) inconsistency of the proposal to change the boundaries and areas of land plots of the Semipalatinsk Nuclear Safety Zone with the requirements of the environmental legislation of the Republic of Kazakhstan;
3) incompleteness of the submitted materials.
Rejection of a proposal to change the boundaries and areas of land plots of the Semipalatinsk Nuclear Safety Zone does not prevent the re-submission of a proposal to change the boundaries and areas of land plots of the Semipalatinsk Nuclear Safety Zone.
Article 8. Functioning of the Semipalatinsk Nuclear Safety Zone
Article 9. Main types of activities in the Semipalatinsk Nuclear Safety Zone
1) ensuring nuclear and radiation safety of the Semipalatinsk Nuclear Safety Zone and infrastructure facilities;
2) ensuring the nuclear non-proliferation regime on the territory of the Semipalatinsk Nuclear Safety Zone within the framework of national and international obligations of the Republic of Kazakhstan;
3) preventing the impact of the consequences of nuclear tests, rehabilitating and reducing the hazard of radioactively contaminated lands of the Semipalatinsk Nuclear Safety Zone;
4) creation and ensuring the functioning of physical protection systems for strategic facilities of the Semipalatinsk Nuclear Safety Zone;
5) management of radioactive and hazardous waste on the territory of the Semipalatinsk Nuclear Safety Zone, their storage and disposal;
6) carrying out training activities for responding to accidents and incidents at hazardous production facilities, as well as liquidation of their consequences;
7) conducting scientific and technical research in the field of peaceful use of atomic energy and radioecology.