On approval of the Rules for maintaining the state fund of environmental information

Order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated August 9, 2021 No. 316. Registered in the Ministry of Justice of the Republic of Kazakhstan on August 16, 2021 No. 24005

      Unofficial translation

      In accordance with paragraph 3 of Article 25 of the Ecological Code of the Republic of Kazakhstan, I hereby order:

      1. To approve the attached Rules for maintaining the state fund of environmental information.

      2. The Department of Ecological Policy and Sustainable Development of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) placement of this order on the Internet resource of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan after its official publication;

      3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission of information on the execution of measures provided for by subparagraphs 1) and 2) of this paragraph to the Law Service Department of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan.

      3. Control over execution of this order is assigned to the supervising vice-minister of ecology, geology and natural resources of the Republic of Kazakhstan.

      4. This order comes into force ten calendar days after the day of its first official publication.

      Acting minister of ecology,
geology and natural resources of the
Republic of Kazakhstan
A. Primkulov

      "AGREED"
Ministry of agriculture of the
Republic of Kazakhstan

      "AGREED"
Ministry of education and science of the
Republic of Kazakhstan

      "AGREED"
Ministry of healthcare of the
Republic of Kazakhstan

      "AGREED"
Ministry of industry and infrastructure development of the
Republic of Kazakhstan

      "AGREED"
Ministry of finance of the
Republic of Kazakhstan

      "AGREED"
Ministry of culture and sports of the
Republic of Kazakhstan

      "AGREED"
Ministry of foreign affairs of the
Republic of Kazakhstan

      "AGREED"
Ministry of emergency situations of the
Republic of Kazakhstan

      "AGREED"
Ministry of national economy of the
Republic of Kazakhstan

      "AGREED"
Ministry of internal affairs of the
Republic of Kazakhstan

      "AGREED"
Ministry of energy of the
Republic of Kazakhstan

  Appendix to the order
of the Acting minister of ecology,
geology and natural resources
of the Republic of Kazakhstan
dated August 9, 2021 № 316

The Rules for maintaining the state fund of environmental information

Chapter 1. General provisions

      1. These Rules for maintaining the state fund of environmental information (hereinafter referred to as the Rules) are developed in accordance with paragraph 3 of Article 25 of the Ecological Code of the Republic of Kazakhstan (hereinafter - the Code) and determine the procedure for maintaining the state fund of environmental information.

      2. The state fund of environmental information (hereinafter referred to as the SFEI) is maintained in order to ensure the exercise of public rights to access environmental information, environmental education and increase the environmental culture of the population, as well as information support for state bodies.

      3. The maintenance of the SFEI is organized by the authorized body in the field of environmental protection and is a system of centralized collection, accounting, systematization, storage, distribution of environmental information and other regulative, statistical, accounting, reporting, scientific and analytical information relating to environmental issues, natural resources, sustainable development and ecology, in written, electronic, audiovisual or other forms.

      4. Activities for the maintenance of the SFEI is carried out by the subordinate organization of the authorized body in the field of environmental protection (hereinafter - the subordinate organization)

      5. SFEI information in electronic form is posted in the public domain on the Internet resource of a subordinate organization.

      6. Sources of the information of the SFEI are:

      1) state cadasters of natural resources;

      2) the state cadastre of waste;

      3) the state cadastre of consumption of ozone-destructive substances;

      4) state carbon cadastre;

      5) the state register of carbon units;

      6) a National plan of carbon quotas;

      7) the deposits of the Republic of Kazakhstan determined at the national level to reduce greenhouse gas emissions;

      8) a plan of measures to reduce greenhouse gas emissions for the corresponding period and reports on the implementation of the deposits of the Republic of Kazakhstan determined at the national level for reducing greenhouse gas emissions;

      9) the register of emissions and transfer of pollutants;

      10) the national report of the Republic of Kazakhstan on the cadastre of anthropogenic emissions from sources and absorption by the greenhouse gas absorptions that are not regulated by the Montreal protocol on substances that destroy the ozone layer;

      11) the state register of objects of historical pollution;

      12) materials for assessing the impact on the environment and state environmental examination, including the protocols of public hearings;

      13) materials on strategic environmental assessment in accordance with paragraph 7 of Article 60 of this Code;

      14) international agreements on environmental protection issues, to which the Republic of Kazakhstan is a party;

      15) documents of the state planning System in the Republic of Kazakhstan, affecting environmental protection issues and the use of natural resources;

      16) regulatory legal acts and regulatory documents in the field of environmental protection and the use of natural resources;

      17) books of reference for the best affordable techniques developed in accordance with the requirements of this Code;

      18) information related to the effects of climate change, predicted climate change, vulnerability to climate change and adaptation measures to climate change;

      19) reports on the implementation of research and development work related to environmental protection and the use of natural resources;

      20) national reports on the state of the environment and the use of natural resources of the Republic of Kazakhstan;

      21) environmental sensitivity maps for the elimination of oil spills at sea, internal reservoirs and in the protective zone of the Republic of Kazakhstan;

      22) reports on the results of control and law enforcement in the field of environmental protection and the use of natural resources;

      23) еру issued environmental permits, including programs for increasing environmental efficiency, waste management programs, environmental protection plans, industrial environmental control programs, reports on the results of industrial environmental control, as well as submitted declarations on environmental impact;

      24) state environmental monitoring data;

      25) the register (list) of genetically modified organisms and products;

      26) scientific, technical and analytical literature in the field of ecology;

      27) plans for environmental protection measures approved by local representative bodies of regions, cities of republican significance, capital, and reports on their execution;

      28) other materials and documents containing environmental information.

Chapter 2. Collection of environmental information

      7. Environmental information means any information in written, visual, sound, electronic or any other material forms in accordance with Article 17 of the Code.

      8. Environmental information in the SFEI is provided by state bodies.

      9. Environmental information provided in the SFEI in written, visual, sound, electronic or any other material form is submitted for further storage to the National Archival Fund once every five years.

      10. Information in the SFEI is provided by the following state bodies:

      1) the authorized state body in the field of the formation and implementation of state policy in the fields of environmental protection, the development of the “green economy”, waste management (with the exception of utility, medical and radioactive waste), protection, control and supervision of the rational use of natural resources, and state geological study of subsoil, reproduction of the mineral resource base, the use and protection of the water fund, water supply, sanitation, forestry, protection, reproduction and use of the animal world and specially protected natural territories;

      2) the authorized state body for the management of land resources;

      3) the authorized state body in the field of civil protection;

      4) the authorized body for the study of subsoil;

      5) the authorized body in the field of hydrocarbons;

      6) the authorized body in the field of uranium mining;

      7) the authorized state body in the field of atomic energy;

      8) the authorized body in the field of electric power industry;

      9) the authorized body in the field of development of renewable energy sources;

      10) a state body in the field of sanitary and epidemiological well-being of the population;

      11) the authorized state body in the field of protection and quarantine of plants;

      12) the authorized state body in the field of veterinary medicine;

      13) the authorized state body in the field of industrial safety;

      14) the authorized state body in the field of science;

      15) the authorized state body in the field of education;

      16) local executive bodies of regions, cities of republican significance, the capital.

      The subordinate organization annually sends requests to state bodies on the provision of environmental information for the maintenance of the SFEI.

      11. State bodies, within the framework of their competence, provide reliable and complete environmental information at the request of the subordinate organization for the previous year within the time periods established by paragraph 5 of Article 44 of the Administrative Procedure Code of the Republic of Kazakhstan.

      12. The subordinate organization collects, stores, processes and distributes environmental information provided by state bodies.

Chapter 3. Storage and processing of environmental information

      13. Environmental information in written, visual, sound, electronic or any other material forms is stored in the departmental archive in accordance with the Decree of the Government of the Republic of Kazakhstan dated September 19, 2018 No. 575 “On approval of the Rules for receiving, storing, accounting and using documents of the National Archival Fund and other archival documents by departmental and private archives.”

      14. Materials and documents in the SFEI are systematized in areas in accordance with paragraph 17 of these Rules.

      15. The processing of environmental information for the purpose of analysis includes its accounting and systematization.

      16. Materials and documents of the SFEI are subject to registration. Accounting is carried out by entering data in registration and registry books.

      The information provided by state bodies is recorded in the registration book.

      The registration book indicates: the date of registration, serial number, inventory number, name of the material, state body (legal entity), that provided materials, the number of copies and appendixes.

      The registry book records information in the areas, according to paragraph 6 of these Rules.

      The registry book indicates: the name of the material, the state body (legal entity) that provides the material, the registry number, the inventory number, the storage format (paper/electronic), the number of copies and appendixes, the location of the material in the archive (stack, shelf).

      17. Systematization of environmental information is carried out in the following areas:

      1) global environmental problems (climate change, destruction of the ozone layer, preservation of biodiversity, desertification and degradation of land);

      2) national ecological problems (environmental disaster zones, problems associated with the intensive development of the resources of the Caspian Sea, the depletion and pollution of water resources, historical pollution, the impact of the training grounds of military-space and testing complexes, issues of cross-border nature);

      3) local environmental problems (radioactive pollution, air basin pollution, bacteriological and chemical pollution, industrial and household waste, natural and technogenic emergency situations);

      4) other areas containing environmental information.

Chapter 4. Distribution of environmental information

      18. The distribution of environmental information is carried out by the subordinate organization through:

      1) open-domestic access on the Internet resource of a subordinate organization;

      2) the distribution in the media, periodic print media, as well as with the use of other publicly available information and communication tools;

      3) conducting courses, trainings and training seminars to improve qualifications in the field of environmental protection;

      4) consulting assistance to the population;

      5) organizations of conferences, exhibitions, seminars, scientific and practical forums;

      6) preparation of press releases, articles, interviews.