Article 147. Financial support of requirements for obligations related to the elimination of the consequences of the implementation of the Environmental Code of the Republic of Kazakhstan
1. Operators of Category I facilities must provide the authorized body in the field of environmental protection with financial support for the fulfillment of their obligations to eliminate the consequences of the operation of such facilities, including with respect to claims that will arise in the future (hereinafter referred to as financial support).
2. Financial support is provided for the benefit of the Republic of Kazakhstan.
3. In case of non-fulfillment (improper fulfillment) by the operator of a category I facility of its obligations to eliminate the consequences of the operation of such an object within the time period established by the laws of the Republic of Kazakhstan, the amount of financial security provided is subject to recovery in favor of the Republic of Kazakhstan by the authorized body in the field of environmental protection, and in this case, the relevant obligations are fulfilled by the state at the expense of the recovered amount.
If the amount of financial security collected in favor of the Republic of Kazakhstan proves insufficient to cover the costs of the relevant project to eliminate the consequences of the operation of a category I facility, the State has the right to receive the missing amount from the property of the operator of the relevant facility.
4. Financial support is provided in the form of:
1) Guarantees;
2) securing a bank deposit;
3) pledge of property;
4) insurance.
5) an escrow account.
5. Financial support must be provided three years after the commissioning of the Category I facility.
6. Financial security is provided in one of several types of financial security provided for in paragraph 4 of this article, or in a combination of them, at the choice of the operator of a Category I facility.
7. The operator of a category I facility has the right to replace one type of financial security with another type, except in cases where the replaced financial security has been levied by the authorized body in the field of environmental protection in accordance with the legislation of the Republic of Kazakhstan.
8. The operator of a Category I facility is obliged to ensure the availability of financial security continuously, with the exception of the cases specified in paragraph 8 of Article 150 of this Code, until all its obligations to eliminate the consequences of the operation of such facility are fully fulfilled.
9. The amount of financial security is determined in accordance with the methodology approved by the authorized body in the field of environmental protection, based on the estimated cost of work to eliminate the consequences of the operation of a category I facility and is subject to recalculation every seven years.
10. The cost of work to eliminate the consequences of the operation of a category I facility should include administrative and management costs, as well as expenses for:
1) neutralization, dismantling of equipment and demolition of facilities that potentially have a negative impact on environmental components after completion of operation;
2) dismantling and removal of technological equipment; -Excluded by the Law of the Republic of Kazakhstan dated July 8, 2026 No. 340-VIII SAM
3) Waste management;
4) reclamation of disturbed lands;
5) monitoring of surface and groundwater quality, atmospheric air, soil and vegetation conditions;
6) performing other work to eliminate the consequences of the operation of a category I facility provided for by the terms of a comprehensive environmental permit.
10-1. Operators of Category I facilities draw up plans for the conversion and (or) other operation of capital structures (buildings, structures, complexes) in accordance with the methodology approved by the authorized body in the field of environmental protection.
For capital structures (buildings, structures, complexes) that are not included in the cost of work to eliminate the consequences of the operation of facilities, plans should be developed for repurposing and (or) their other operation in accordance with the methodology approved by the authorized body in the field of environmental protection.
11. Financial security in accordance with this article is not required for:
1) objects of category I, in respect of which the subsurface user has provided security for the fulfillment of obligations to eliminate the consequences of subsurface use or has formed a liquidation fund in accordance with the legislation of the Republic of Kazakhstan on subsurface and subsurface use;
2) landfills in respect of which the operator of such facilities has formed a liquidation fund in accordance with paragraph 16 of Article 350 of this Code.
12. It is prohibited to operate Category I facilities without financial support provided in accordance with this Code, with the exception of the cases provided for in paragraph 11 of this article.
In case of operation of a category I facility without financial support, the authorized body in the field of environmental protection applies to the court with a claim for suspension or prohibition of operation of such facility.
13. With the transfer of ownership or other proprietary right to an object of category I, the obligation to provide financial security passes to the new operator and the previous operator is released from this obligation and the obligation to eliminate the consequences of the operation of the object of category I from the date of transfer of the corresponding right to this object, except in the case when the contract establishes joint and several liability before the provision of such the new financial security operator in accordance with this article.
14. If, for reasons beyond the control of the operator of a Category I facility, the financial security provided to them has ceased to comply with the requirements of this Code or has ceased, such operator is obliged to provide new financial security within sixty calendar days that meets the requirements of this Code. If such a replacement is not carried out within the specified period, the operator is obliged to immediately suspend the operation of the corresponding Category I facility. The resumption of operation of such a category I facility is allowed only after the provision of financial security that meets the requirements of this Code.
15. The accounting procedure for accepted financial security is determined by the authorized body in the field of environmental protection.
ENVIRONMENTAL CODE OF THE REPUBLIC OF KAZAKHSTAN The Code of the Republic of Kazakhstan dated January 2, 2021 No. 400-VI SAM.
The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 8, 2026, No. 340-VIII SAM
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases Declaration Decree Order Resolution Decision Report Conclusion Statement Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Charter Article Commentary Resolution Regulations Protocol Draft Program Rules Messages
