Article 20. Terms and procedure for providing environmental information of the Environmental Code of the Republic of Kazakhstan

Home / RLA / Article 20. Terms and procedure for providing environmental information of the Environmental Code of the Republic of Kazakhstan

1. The terms and procedure for providing and refusing to provide environmental information are established by the Administrative Procedural Procedure Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Access to Information", taking into account the requirements of this Code.

2. Access to environmental information related to the environmental impact assessment procedure and the decision-making process for planned activities is provided in accordance with this Code.

3. Access to environmental information should be denied.:

1) if the content of the request does not allow to establish the requested environmental information;

2) if the request does not comply with the requirements of the Law of the Republic of Kazakhstan "On Access to Information";

3) if this entails a violation of the legislation of the Republic of Kazakhstan on personal data and their protection;

4) if the request raises the issue of a legal assessment of acts adopted by the holder of environmental information, conducting an analysis of the activities of the holder of environmental information or subordinate bodies and organizations, or other analytical work before its completion.;

5) before making a decision on the results of inspections conducted within the framework of state control and supervision;

6) before making a final decision based on the results of interdepartmental and intradepartmental correspondence or meetings in government agencies.;

7) prior to the adoption of a mutual agreement on the conditions for disclosure of the contents of documents received from foreign States or international organizations;

8) if this entails a violation of intellectual property rights;

9) if this entails a violation of the confidentiality of primary statistical data.

Information on quantitative and qualitative indicators of emissions into the environment cannot be recognized as a commercial or other legally protected secret.

4. In cases where information that is not subject to disclosure under paragraph 3 of this article can be separated from other information without prejudice to its confidentiality, the latter must be provided to the applicant.

5. In cases where the state body does not have the requested environmental information, the received request is forwarded to the relevant state body within the time limits established by the legislation of the Republic of Kazakhstan, notifying the applicant about it.

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