Environmental Impact Assessmentin the Legal and Regulatory
Framework for Nuclear EnergyRelated Activities of Kazakhstan.
National Perspective
FNCA Study Panel
March 7, 2019, Tokyo, Japan

Republic of Kazakhstan

Conventions and Agreements that Kazakhstan has adhered to• Environmental Conventions: Convention on Environmental Impact Assessment in a Transboundary Context
 Convention on Access to Information, Public Participation in Decision-making
and Access to Justice in Environmental Matters ***• Bilateral and Multilateral Agreements:
 Agreement between Republic of Armenia, Republic of Belarus, Georgia,
Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, RussianFederation and Republic of Tajikistan on Informational Cooperation in Area ofEcology and Environmental Protection, August 26, 1999
 Agreement between the Government of the Republic of Kazakhstan andGovernment of the People’s Republic of China on Cooperation in Area ofEnvironmental Protection, June 18, 2012
 Agreement on Cooperation in the Field of Environmental Protection among
Member-States of the Commonwealth of Independent States (Azerbaijan
Republic, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan,Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic ofTajikistan, Turkmenistan, Republic of Uzbekistan and Ukraine), January 14,
2014
 ***

Republic of Kazakhstan

2National Environmental Protection Law
Environmental Code of the Republic of Kazakhstan, 9 January 2007
 rights and obligations, the competence of state bodies
 licensing in the field of environmental protection, ecological rationing,technical regulation, environmental impact assessment, impact
statement, environmental permit and environmental audit
 economic regulation
 environmental control
 environmental monitoring areas of environmental emergency situation and environmental
disaster environmental education and awareness, research and international
cooperation in the field of the environmental protection
 environmental requirements on implementing the economic andother activities
 liability for environmental offences and settlement of ecologicaldisputes
Republic of Kazakhstan

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National Environmental Protection Law (cont.)• Nuclear energy-related
activities in Environmental
Code Article 205. Environmental
requirements for the placement ofnuclear, thermal and hydroelectric
power stations
 Article 270. Cross-border
movement of radioactive wasteand materials
 Article 271. The environmental
requirements for the use ofradioactive materials
 Article 272. The environmental
requirements for storage anddisposal of radioactive materials
and waste Article 273. The environmental
requirements on transportation ofradioactive materials and waste ***Republic of Kazakhstan• Law “On Use of Nuclear Energy”• Law “On Radiation Protection of thePopulation”• Sanitary rules and hygienic norms “Sanitaryand Epidemiological Requirements for
Radiation Safety Assurance” and others.

Nuclearenergyrelated law

Environmental
protection law• Environmental Code• Instruction for environmental impact
assessment development• Regulations on State Environmental
Expertise• Regulations on economic assessment of
the damage caused to the environment
due to pollution and others.

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Environmental Impact Assessment• EIA procedure is identified in
Environmental Code of the Republic of
Kazakhstan and Instruction on EIA
development• EIA procedure is provided byCustomer (Initiator) for the planned
economic activity• EIA is obligatory and integral part of preproject and project documentation andis conducted considering:environmental conditions at theproposed activity locationalternatives for achieving theproposed activity’s objectives,including the “no project”
alternativeprospects for the region’s
economic and social development
other requirements of theenvironmental protection legislation
in force of the Republic of
Kazakhstan

Republic of Kazakhstan•

EIA Stages

Stage 1.
• Preliminary EIA accompanying investment
justification (feasibility studies of projects)

Stage 2.
• Impact assessment, made for the purpose offull and complex analysis making for, possible
effects of project implementation or further
performance of economic and other activity

Stage 3.
• Section “Environmental Protection” as part ofdetailed design, including technical decisions
towards prevention the negative environmentalimpacts

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Publicly Available Environmental Information• Environmental Code Article 43. Features of the impact assessment on the environment of objects
with transboundary impacts− Features of the impact assessment on the environment of objects withtransboundary effects shall be determined by international treaties, ratified by theRepublic of Kazakhstan Article 57-2. Holding public hearings− Holding public hearings shall be obligatory for the projects of economic activity,
which may have an impact on the environment of neighboring countries or for which
you want to use in common with the neighboring states of natural objects, or which
affect the interests of neighboring states as defined by international treaties of theRepublic of Kazakhstan• Instruction on environmental impact assessment
 Article 8. Public participation in the environmental impact assessment
procedure− Public opinion shall be considered during EIA materials development for pre-projectand project documentation for an economic or other activity− Public opinion consideration is provided by public participation while preparing anddiscussing EIA materials and specified economic or other activity planned byCustomer

Republic of Kazakhstan

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Licensing in the Environmental Protection and Nuclear Energy-Related Activity
 License for work performance and service rendering in area of environmental
protection
 License for work performance associated with nuclear energy use objects life cycle
stages License for radioactive wastes management activity
 License for special personnel training, responsible for nuclear and radiation safety
 License for activity performance at the territory of the former nuclear test sites
and other territories contaminated as a result of nuclear tests conduction
 License for service rendering in area of nuclear energy use License for handling devices and facilities, generating ionizing radiation
 License for handling of radioactive substances, devices and facilities, containing
radioactive substances License for transportation, including transit, nuclear materials, radioactivesubstances, radioisotope sources of ionizing radiation, radioactive wastes within
the territory of the Republic of Kazakhstan
 License for physical security provision for nuclear facilities and nuclear materials
 License for nuclear materials management

Republic of Kazakhstan

7Plans to Correct the National Legislation• A working group has been established consisting of representatives fromconcerned governmental authorities to develop significant amendments
to the Environmental Code in force. In December 2019 it will be
introduced in Parliament for consideration• Adoption of new version of the Code will enable to bring requirements ofacting environmental legislation in accordance with OECD’s requirements• The draft Code will include a radically new EIA complex scheme, based on
the Espoo and Aarhus Conventions, used in legislations of developed
countries. For example, the following will be considered: Compulsory application of EIA new scheme to the largest, ecologicallyhazardous enterprises
 Simplification of EIA procedures for medium-size projects on
preliminary individual assessment basis, the so-called “screening”
 Optimization of EIA procedures, environmental expertise and, whenappropriate, permissions granting (for example, complex
environmental permissions) Compulsory use the “scoping” procedure mechanism in EIA report etc.
Republic of Kazakhstan

8THANK YOU
FOR YOUR ATTENTION!

Republic of Kazakhstan

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