Article 12. Categories of objects that have a negative impact on the environment of the Environmental Code of the Republic of Kazakhstan

Home / RLA / Article 12. Categories of objects that have a negative impact on the environment of the Environmental Code of the Republic of Kazakhstan

1. Facilities that have a negative impact on the environment are divided into four categories, depending on the level and risk of such an impact.:

1) facilities that have a significant negative impact on the environment (Category I facilities);

2) facilities that have a moderate negative impact on the environment (Category II facilities);

3) facilities that have a minor negative impact on the environment (Category III facilities);

4) facilities that have minimal negative impact on the environment (Category IV facilities).

2. Annex 2 to this Code establishes the types of activities and other criteria on the basis of which objects having a negative impact on the environment are classified as objects of categories I, II or III.

Types of activities that are not specified in Appendix 2 to this Code or do not meet the criteria set out therein belong to Category IV facilities.

3. With respect to objects of categories I and II, the term "facility" means a stationary technological facility (enterprise, production) within which one or more types of activities specified in section 1 (for objects of category I) or section 2 (for objects of category II) of Annex 2 to this Code are carried out, as well as technologically direct related to it are any other types of activities that are carried out within the same industrial site where such an object is located.

With respect to Category III facilities, the term "facility" means a building, structure, their complex, site or territory within which the activities specified in section 3 of Annex 2 to this Code are carried out.

The criteria according to which construction, installation, remediation and (or) liquidation works performed at facilities of various categories belong to categories I, II, III or IV are established in the instructions for determining the category of an object having a negative impact on the environment.

4. Categorization of an object is carried out in accordance with the requirements of paragraph 2 of this article.:

1) in relation to planned activities subject to mandatory environmental impact assessment in accordance with this Code, when conducting a mandatory environmental impact assessment.;

2) in relation to the planned activity, which is subject to mandatory screening of the impacts of the planned activity in accordance with this Code, when screening the impacts of the planned activity;

3) with respect to other planned activities not specified in subparagraph 1) or 2) of this paragraph, independently by the operator, taking into account the requirements of this Code.

The instruction on determining the category of an object having a negative impact on the environment is approved by the authorized body in the field of environmental protection.

5. When assigning objects to the appropriate category, the following factors are taken into account:

1) levels of negative environmental impact by type of activity (industry, part of industry, production, facility);

2) the level of toxicity, carcinogenic and mutagenic properties of pollutants contained in emissions, discharges of pollutants, as well as the classification of waste.

6. In this Code, the operator of an object is understood to be a natural or legal person who owns or otherwise legally uses an object that has a negative impact on the environment.

Natural and legal persons engaged by the operator of the facility to perform certain works and (or) provide certain services during the construction, reconstruction, operation and (or) liquidation (postutilization) of an object that has a negative impact on the environment are not recognized as operators of the facility.

The footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 07/05/2023 No. 17-VIII (effective sixty calendar days after the date of its first official publication).

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