Article 398. Environmental requirements for exploration and production at sea, inland waters and in the protective zone of the Republic of Kazakhstan of the Environmental Code of the Republic of Kazakhstan

     1. Drilling of wells should be carried out on the basis of advanced proven principles and methods adopted in international practice in the field of environmental protection, when conducting operations for the exploration and (or) production of hydrocarbons at sea.

     2. Locations for offshore drilling platforms within the contract territory should be selected taking into account the maximum possible conservation of the environment of marine areas of promising importance for fishing, fish farming, conservation and reproduction of valuable fish species and other aquatic fisheries.

     3. Drilling operations from a drilling barge or platform in the presence of ice cover in an area accessible to navigation should be carried out with the constant presence of an icebreaker-type ship with the equipment necessary to localize a possible hydrocarbon spill. The requirement specified in this paragraph does not apply to drilling wells from artificial islands.

     4. In severe ice conditions at sea, it is prohibited to open the productive horizon of the subsalt layer and test wells with an estimated extreme pressure and high content of hydrogen sulfide.

     5. When conducting operations for the extraction of hydrocarbons at sea, the subsurface user is obliged to monitor the production process by monitoring and measuring at the wellheads in accordance with the procedure determined by the authorized body in the field of environmental protection.

     6. When conducting operations for the exploration and (or) production of hydrocarbons at sea and in the protective zone of the Republic of Kazakhstan, the subsurface user must ensure measures to prevent, localize and eliminate accidental spills.

     7. In case of emergency oil spills at sea and in the protective zone of the Republic of Kazakhstan, optimal methods of its elimination should be applied based on an analysis of the total environmental benefits.

     The total environmental benefit analysis is an approach to selecting optimal oil spill response methods aimed at maximizing human health and environmental protection.

     The selection of optimal oil spill response methods is based on an analysis of the total environmental benefits for maximum protection of human health and environmental protection.

     Coordination of optimal methods for oil spill response based on an analysis of the total environmental benefits by authorized bodies in the field of environmental protection, conservation, reproduction and use of wildlife, fisheries, protection and use of water resources, and the state body in the field of sanitary and epidemiological welfare of the population is required only for:

     1) burning of an oil slick at a distance of no more than five kilometers from a populated area;

     2) the use of herders in order to localize the oil slick to be burned;

     3) the use of dispersants at a water depth of less than ten meters and a distance from the shore of less than one kilometer.

     In other cases, the selection of optimal methods for oil spill response is carried out in coordination with the authorized body in the field of environmental protection.

     The authorized body in the field of environmental protection must be informed about any use of dispersants, herders or burning of an oil slick.

     The rules for determining, approving and deciding on the choice of optimal methods for eliminating oil spills at sea 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.

     8. Authorized body in the field of environmental protection:

     1) coordinates optimal methods for oil spill response based on a preliminary and operational analysis of the total environmental benefits.;

     2) develops and approves a methodology for conducting an analysis of the total environmental benefits;

     3) approves the list of recommended best international practices on the analysis of total environmental benefits and methods for the elimination of oil spills at sea.

     9. The authorized bodies in the field of protection, reproduction and use of wildlife, fisheries, protection and use of the water fund, the state body in the field of sanitary and epidemiological welfare of the population coordinate the optimal methods for the elimination of oil spills at sea in cases established by the rules for determining, approving and deciding on the choice of optimal methods for the elimination of oil spills at sea and in the protection zone of the Republic of Kazakhstan based on the analysis of the total environmental benefits.

     10. During the liquidation of emergency oil spills at sea, dispersants and herders included in the list approved by the authorized body in the field of environmental protection are used.

     The list of dispersants and herders for the elimination of emergency oil spills at sea and in the safety zone of the Republic of Kazakhstan, the procedure for including dispersants and herders in the list of dispersants and herders for the elimination of emergency oil spills at sea and in the safety zone of the Republic of Kazakhstan are approved by the authorized body in the field of environmental protection.

     Dispersants are a mixture of surfactants and solvents that allow an oil slick to break down into small droplets that can mix more effectively with water, remaining in its thickness until destroyed by natural processes.

     The methodology for determining dispersants for their inclusion in the list of dispersants for the elimination of accidental oil spills at sea and in the safety zone of the Republic of Kazakhstan is approved by the authorized body in the field of environmental protection.

     The authorized body in the field of environmental protection approves the methodology for determining the herders for inclusion in the list of dispersants and herders for the elimination of emergency oil spills at sea and in the protective zone of the Republic of Kazakhstan.

     11. The development of environmental sensitivity maps for the elimination of oil spills at sea and in the protective zone of the Republic of Kazakhstan (hereinafter referred to as environmental sensitivity maps) is provided by the authorized body in the field of environmental protection and includes measures for collection, storage, processing (accounting and systematization), analysis.

     The environmental sensitivity map defines the location of socio-economic facilities, environmental facilities of high ecological value, and their sensitivity index, taking into account seasonality, to determine the priority of protection and cleaning during the elimination of oil spills at sea.

     The environmental sensitivity map is generated using software, supplemented and updated periodically at least once a year.

     12. The authorized body in the field of environmental protection approves:

     1) rules for the development of an environmental sensitivity map and decision-making on determining the sensitivity index for oil spill response at sea and in the protective zone of the Republic of Kazakhstan;

     2) an environmental sensitivity map with sensitivity indices for the elimination of oil spills at sea and in the protective zone of the Republic of Kazakhstan in coordination with authorized bodies in the field of protection, reproduction and use of wildlife, fisheries, protection and use of water resources, the state body in the field of sanitary and epidemiological welfare of the population;

     3) methodology for the development of an environmental sensitivity map for the elimination of oil spills at sea and in the protective zone of the Republic of Kazakhstan.

President    

Republic of Kazakhstan     

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