Article 156. Ensuring readiness and actions to eliminate oil spills at sea, inland waters and in the protection zone Code on Subsoil and Subsoil Use Republic of Kazakhstan
1. It is prohibited to conduct operations at facilities bearing the risk of an oil spill, with the exception of vessels without:
1) conducting an oil spill risk assessment;
2) the approved object plan;
3) availability of own or contractual resources;
4) fulfillment of the conditions stipulated in paragraphs 2 and 3 of this Article.
2. The owners of facilities bearing the risk of an oil spill, with the exception of ships, are obliged to:
1) for the elimination of first–level oil spills at sea, it is necessary to have the resources necessary for the complete elimination of such oil spills available at an offshore facility or within a thirty-minute reach.;
2) to eliminate second-level oil spills at sea:
have the resources specified in subparagraph 1) of this paragraph available at the marine facility or within a thirty-minute reach, in an amount sufficient for the period until the arrival of the resources of the local coastal services;
ensure the arrival of local coastal services resources, if necessary.
In the absence of their own resources to eliminate oil spills of the first and second levels, the owners of facilities bearing the risk of an oil spill, with the exception of ships, are required to conclude contracts with specialized organizations for the elimination of oil spills at sea.
If necessary, the owners of facilities bearing the risk of an oil spill have the right to attract resources within the framework of agreements on cooperation and mutual assistance in the elimination of oil spills.
The minimum standards and requirements for the resources necessary to eliminate oil spills at sea, inland waters and in the safety zone are established by the authorized body in the field of hydrocarbons.
3. In order to provide resources for the elimination of oil spills of the third level, the owner of an object bearing the risk of an oil spill, with the exception of ships, is obliged to conclude an agreement with a specialized organization for the elimination of oil spills at sea, which has international recognition, qualified personnel and appropriate equipment.
4. In case of detection of an oil spill at sea, inland waters and in the safety zone, the owners of facilities bearing the risk of an oil spill are obliged to immediately inform the territorial divisions of the authorized bodies in the field of environmental protection and civil protection.
The procedure for informing ships about an oil spill is determined by the legislation of the Republic of Kazakhstan in the field of merchant shipping.
5. When eliminating oil spills at sea, inland waters and in the safety zone, preference should be given to methods aimed at maximizing human health and environmental protection based on an analysis of the total environmental benefits. The rules for determining and agreeing on optimal methods for the elimination of accidental oil spills at sea, inland waters and in the protective zone of the Republic of Kazakhstan based on an analysis of the total environmental benefits are approved by the authorized body in the field of environmental protection.
6. After measures have been taken to localize the source of the oil spill and eliminate the oil spill, and to investigate the causes of accidents and incidents by the owners of facilities bearing the risk of an oil spill and (or) specialized organizations for the elimination of oil spills, a report on the work done is submitted to the authorized bodies in the field of environmental protection and civil protection.
The owners of offshore facilities additionally submit a report to the authorized body in the field of hydrocarbons.
7. The owner of an object bearing the risk of an oil spill is obliged to fully eliminate environmental damage and compensate for damage caused to third parties as a result of oil spills at sea, inland bodies of water and in the safety zone, as well as the costs of the state to eliminate oil spills.
8. The requirements of this article also apply to natural and legal persons engaged in activities related to the risk of an oil spill at sea, with the exception of persons whose facilities are subject to the International Convention for the Prevention of Pollution from Ships of 1973, as amended by the Protocol of 1978 (MARPOL 73/78).
The footnote. Article 156 as amended by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (effective from 07/01/2021).
President
Republic of Kazakhstan
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