Environmental policy

Environmental policy10.05.2022

7 Basic principles of the new environmental code of the Republic of Kazakhstan

1. The first principle is the polluter pays and corrects

It implies pollution prevention and control measures, but also responsibility for recovery from environmental damage. Thus, the state should create such conditions under which it is more profitable for nature users to take measures to prevent negative impacts on the environment than to pay environmental fines. In a word, the mechanism of 'prevention', In addition, the polluter who has caused

2. The second principle is new approaches to environmental impact assessment

According to the current Environmental Code, the requirement to pass the environmental impact assessment procedure (EIA) applies to almost all, that is,19 thousand enterprises. Such an approach is ineffective and impractical. Therefore, the new Environmental Code proposes to apply this requirement only to 2.6 thousand enterprises of the "first category", which account for 80% of emissions. At the same time, the public participates in all stages of the EIA.

3. The third principle is the introduction of the best available technologies (BAT) and economic incentives

To maximize the environmental situation, it is necessary to implement the best available technologies. For this purpose, industrial enterprises undergo a technological audit. They are offered technologies that will reduce emissions. Enterprises that have implemented BAT will be exempt from emission fees. If they do not switch to BAT, their emission fee rates will increase.

4. The fourth principle is to direct the payment for emissions to environmental measures the seventh principle is to improve the management of production and consumption waste.

At present, the current legislation does not require spending on environmental protection measures of funds received from payments for emissions into the environment. Therefore, local executive bodies allocate from 0 to 400% for environmental protection, on average 45% only. The current situation with environmental payments and their spending has been repeatedly criticized by international experts. In this regard, the draft accompanying law provides for mandatory financing of environmental protection measures at the expense of incoming environmental payments in the amount of 100%.

5. The fifth principle is the creation of an automated emission monitoring system.   

In order to obtain timely and reliable information on the qualitative and quantitative composition of emissions and discharges, the draft Environmental Code provides for mandatory automation of industrial environmental monitoring with data transmission to the authorized body.

6. The sixth principle is to strengthen environmental control

The draft accompanying law proposes to amend the Entrepreneurial Code in terms of conducting inspections on facts directly affecting the living conditions of the population. These changes are aimed at rapid response to the facts of negative impact on the environment. The responsibility for environmental offenses is strengthened by increasing administrative fines by 10 times.

7. The seventh principle is to improve the management of production and consumption waste

The draft of the new Environmental Code focuses on the implementation of the principles of circular economy used in the OECD countries. Within the framework of this project, a waste hierarchy is envisaged, which is aimed at step-by-step waste management, that is, a sequence of measures aimed at preventing the formation, reuse, recycling, and disposal of waste. In order to reduce the number of unauthorized landfills, licensing of the activities of enterprises engaged in the processing and disposal of waste, and a notification procedure for garbage collection organizations will be introduced.

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