Article 92. Expert of the State ecological expertise of the Ecological Code of the Republic of Kazakhstan
1. An expert of the state ecological expertise is a civil servant of the subdivision of the authorized body in the field of environmental protection, which carries out the state ecological expertise.
2. A person who is closely related or related to the managers of the customer or developer of the state environmental expertise facility may not be involved in conducting a state environmental assessment.
3. The expert of the state ecological expertise is responsible for the expertise performed by him in accordance with the laws of the Republic of Kazakhstan.
4. Interference of state bodies, individuals, legal entities and officials in the activities of the expert of the state environmental assessment related to the conduct of the state environmental assessment is prohibited.
5. The violated rights of the expert of the state ecological expertise are subject to protection, and the persons guilty of such violation are liable in accordance with the laws of the Republic of Kazakhstan.
6. The expert of the state ecological expertise has the right:
1) request, within the time limit for conducting the state environmental assessment, additional materials necessary for its conduct, the presentation of which is regulated by the rules for conducting the state environmental assessment, in order to comprehensively and objectively evaluate the documentation submitted for the state environmental assessment;
2) initiate the involvement of external experts in the process of conducting a state environmental assessment to conduct special studies;
3) submit proposals to the head of the department carrying out the state environmental assessment on improving the organization of the work of the state environmental assessment, methodology, procedure and principles of its conduct;
4) form a special opinion on the documentation submitted for the state environmental assessment, which is attached to the conclusion of the state environmental assessment. The dissenting opinion formed by the expert is purely informative and is not mandatory for compliance with the implementation of the documentation submitted for the state environmental assessment.
7. The expert of the state ecological expertise is obliged to:
1) to ensure a comprehensive, objective and high-quality state environmental assessment;
2) to carry out the state environmental expertise in compliance with the requirements of the environmental legislation of the Republic of Kazakhstan;
3) comply with the established deadlines and procedures for conducting the state environmental assessment;
4) prepare reasoned conclusions of the state environmental assessment and promptly transmit them to the authorities making decisions on the implementation of documentation submitted for the state environmental assessment and to customers;
5) substantiate the submitted comments to the documents submitted for the state environmental expertise, indicating the specific norms and requirements of the environmental legislation of the Republic of Kazakhstan and (or) the conclusions of the conclusion based on the results of the environmental impact assessment, if in accordance with this Code it is required to conduct a mandatory environmental impact assessment.;
6) to ensure the safety of the documentation submitted for the state environmental expertise, and coordinate their actions in relation to confidential documents with the person who submitted them, and prevent the disclosure of information entrusted to them.
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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