Five mechanisms of Environmental Code to enter into force in 2021
The business community together with the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan considered amendments to the new Environmental Code on the platform of the Atameken NCE RK.
The key principle of the new legislation is that "the polluter pays". It also stipulates the introduction of a comprehensive environmental permit, as well as the mandatory assessment of the impact on the nature of the plant under construction. What mechanisms will work in 2021?
Introduction of licensing in the sphere of restoration, neutralization, and disposal of hazardous wastes.
In the previous version: There was no licensing.
It is expected: licensing of business entities to perform works (provide services) on processing, neutralization, recycling (in terms of incineration of waste with energy production), destruction of hazardous waste.
Introduction of a requirement to obtain comprehensive environmental permits (CEPs) for the operation of newly established Category I facilities
In the previous version: There was no mandatory requirement to obtain a comprehensive environmental permit
It is expected: a comprehensive environmental permit will be required for the newly established category I facilities. The draft Code provides for mandatory transition to a comprehensive environmental permit not only for newly created facilities but also for reconstructed facilities (in case of increased emissions).
Extension of terms for inspection and preventive control with attendance
In the previous version: 15 working days for inspection.
It is expected: the results of laboratory tests may be extended if necessary (to provide for extension for a period of time: for unscheduled inspections - not more than 10 working days; for preventive control with attendance - not more than 15 working days if it is necessary to obtain the results of laboratory tests in the field of environmental protection).
Introduction of an automated emission monitoring system for Category I facilities
In the previous version: voluntary installation of automated emission monitoring system at the large polluting enterprises that use special natural resources.
It is expected: introduction of obligations for the installation of automated emission monitoring system at the facilities of the first category, which carries out data transmission in real-time through an online connection with the information system of the authorized body in the field of environmental protection in order to ensure the reliability of data received from industrial environmental control and monitoring.
Introduction of a notification procedure for persons engaged in meteorological monitoring activities
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In the previous version: preservation of meteorological monitoring functions within the competence of the national hydrometeorological service as the sole supplier of these works and services in the country.
It is expected: a notification procedure will be introduced for persons carrying out activities in the field of meteorological monitoring (liberalization of meteorological monitoring, i.e. granting individuals the right to carry out this type of activity on a commercial basis, taking into account the need to provide notification to the relevant state authorities about the beginning or termination of activities).
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