Article 74. Expert Commission of the Environmental Code of the Republic of Kazakhstan
1. The authorized body in the field of environmental protection, within two working days from the date of receipt of the application for holding a meeting of the expert commission and the protocol of repeated public hearings in the case specified in paragraph 19 of Article 73 of this Code.:
1) creates an expert commission under the chairmanship of a representative of the department of the authorized body in the field of environmental protection;
2) sends copies of the finalized draft report on possible impacts and protocols of the initial and repeated public hearings to the members of the expert commission.;
3) sets the dates for the meeting of the expert commission.
To form an expert commission, the authorized body in the field of environmental protection sends an invitation to accredited non-profit organizations. The final composition of the expert commission includes one representative from accredited non-profit organizations who have confirmed in writing their desire to participate in the work of the expert commission.
2. Expert commissions are collegial, consultative and advisory bodies convened to review each individual draft report on possible impacts.
3. Expert commissions shall operate in accordance with this Code and the regulations on expert commissions approved by the authorized body in the field of environmental protection.
4. The members of the expert commission are:
1) the chairman of the expert commission, represented by a representative of the department of the authorized body in the field of environmental protection, performing the functions of environmental regulation and control;
2) one representative from each interested state body;
3) one representative of the National Chamber of Entrepreneurs of the Republic of Kazakhstan;
4) a representative of accredited non-profit organizations who have expressed a desire to participate in the work of the expert commission.
5. The initiator and the members of the expert commission have the right to invite independent experts from among the representatives of the expert community (researchers, recognized practitioners) with relevant professional knowledge and practical experience on issues to be considered by the expert commission to meetings of the expert commission. Independent experts invited to the meetings of the expert commission present their independent opinions on the issues under consideration at the meetings of the expert commission within the scope of their professional knowledge and practical experience and are not entitled to participate in the voting of the expert commission.
6. The meeting of the expert commission must begin no later than twenty working days after sending copies of the draft report on possible impacts and minutes of public hearings to the members of the expert commission.
7. Within a period not exceeding ten working days after the members of the expert commission receive copies of the draft report on possible impacts and minutes of public hearings, all members of the expert commission send to the chairman their comments and suggestions on controversial issues submitted for consideration by the expert commission.
8. The Chairman of the expert commission shall notify the initiator of the place and time of the meeting of the expert commission and submit to him the comments and suggestions of the commission members no later than seven working days before the date of the meeting.
9. A meeting of the expert commission is held with the participation of the initiator and the drafter of the draft report on possible environmental impacts.
10. During the meeting of the expert commission:
1) the initiator and the compiler of the report on possible impacts make a report on:
planned activities;
its expected significant environmental impacts and the necessary measures to prevent, reduce and/or mitigate such impacts;
measures taken to finalize the draft report on possible impacts in accordance with the comments and suggestions received during the public hearings;
proposals and comments on the draft report on possible impacts submitted during the public hearings, which were taken into account when finalizing the draft report on possible impacts.;
controversial comments and suggestions submitted during the public hearings, but not taken into account when finalizing the draft report on possible impacts, and the reasons why such comments and suggestions were not taken into account.;
2) the members of the expert commission, the initiator and the compiler of the report on possible impacts hold a discussion on controversial issues submitted for consideration by the expert commission, and hear the opinions of invited independent experts.;
3) the expert commission shall decide by open vote on controversial issues related to the proposed activity and its possible environmental impacts, and on the need or lack of need in this regard to finalize the draft report on possible impacts.
11. The decisions of the expert commission are made by at least two thirds of all members of the expert commission and are recorded in the minutes of the meeting of the expert commission.
The members of the expert commission who voted against the adoption of the decision of the expert commission have the right to form a special opinion on the disputed issue, which is attached to the minutes of the meeting of the expert commission.
12. The meeting of the expert commission must be completed no later than five calendar days from the date of its commencement.
Based on the results of the expert commission meeting, the minutes of the expert commission meeting are drawn up, which reflect all the comments and suggestions made during the meeting by the members of the expert commission, the initiator and the compiler of the report, the opinions of invited independent experts, as well as the decisions taken. The minutes shall be signed by the chairman and all members of the expert commission who participated in the meeting, no later than the deadline specified in the first part of this paragraph.
13. The minutes of the meeting of the expert commission are reviewed by the authorized body in the field of environmental protection in the process of preparing an opinion on the draft report on possible impacts.
14. If the expert commission decides that it is necessary to finalize the draft report on possible impacts, the authorized body in the field of environmental protection sends the initiator the draft report for revision, after which the provisions of Article 73 of this Code are re-applied.
15. Members of the expert commission may not disclose information constituting state secrets, commercial and other legally protected secrets obtained by them as part of the work of the expert commission, except in cases provided for by the laws of the Republic of Kazakhstan, as well as environmental information, the transparency of which is guaranteed by this Code.
The footnote. Article 74 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).
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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