Legal advice on the application of environmental legislation is becoming increasingly sought after in connection with big business related to mining, processing and export of natural resources, circulation of chemical and radioactive substances, the construction of large industrial facilities, and other activities.

Underestimating environmental requirements sometimes makes it economically unviable for companies to continue production activities due to large claims, fines, obligatory payments to the budget, or revocation of required licenses and permits.

GRATA Law Firm can provide you with advice on all issues of concern regarding the environmental law of Kazakhstan, including:

Advising on Environmental Permits

Production operations are usually accompanied by environmental emissions - emissions of air pollutants, waste water discharge, waste disposal into the environment and open storage of sulfur in the environment.

The Environmental Code of Kazakhstan requires that environmental emissions are made only if a company possesses an environmental permit, which sets out the specific, permissible amounts of pollution (standards of environmental emissions). According to the Tax Code, the emissions into the environment are subject to a fee payable to the budget.

Emitting without an environmental permit or exceeding emissions standards set out in a permit, results in a 10-time increase in thefee rate. In addition, this violation leads to the recovery of amounts of environmental damage and an administrative penalty (usually very large) in favor of the state.

It is no doubt then that it is easier to ensure compliance with the law than to find a way to escape liability for a violation. However, some requirements of the legislation of Kazakhstan on environmental emissions are unclear and inconsistent and they are also scattered throughout various regulations.

GRATA lawyers will help you find answers to any questions on the procedure and conditions for obtaining environmental permits, exercising the rights resulting from them, and terminating their validity. Waste ManagementPerformance of economic activities is usually associated with the formation of waste. Therefore, the majority of companies operating in Kazakhstan (mining, petroleum, metallurgy, trade, service, and many others) are subject to the requirements of the legislation of Kazakhstan on waste production and consumption.Legal regulation of waste management consists of many aspects, including classification of waste, payments for its disposal, issuing of permits for disposal into the environment, the establishment of requirements for waste storage, programming of waste management, and more. Failure to comply with the legal requirements for waste management can lead to serious negative effects such as administrative liability, tax accrual, recovery of the amount of environmental damage, and suspension of the company's operations.GRATA Law Firm can offer you advice on issues related to waste management.In particular, we provide the following consulting services:

1) checking the documents of the company in terms of waste, the production and consumption thereof (EIA, regulations of waste management, hazardous waste passports, emission permits, etc.) in order to detect violations of environmental laws and make recommendations for eliminating them;

2) analysis of individual problems and finding ways to resolve them;

3) analysis of the acts of state authorities, civil case files and administrative case files in order to assess the prospects for protecting the interests of companies involved in waste management.

Taking into account your needs and the conditions of a particular situation, we can provide you other consulting services regarding waste management. GRATA lawyers are asked a lot of different questions in the course of their work advising on issues connected with the environmental legislation of Kazakhstan. For instance, what are the criteria for classifying liquid and solid wastes as radioactive wastes? What are the requirements for the establishment of protective and sanitary protection zones or other facilities? What steps must be taken in the case of a man-made disaster at liquidated facilities? What is required by the legislation of Kazakhstan in terms of importing and using ozone destroying substances? What restrictions on the activities in the territory of reserves are established by law? What permits must be obtained for the discharge of waste water into the subsoil? And there are many others.Our lawyers are experts on the subject of Kazakhstani environmental law and are constantly refreshing their knowledge in providing consulting services, systematically summarising information on the specific problems that arise in practice, and their possible solutions. Our services can be very useful for you, and we are ready to discuss the opportunity to assist you with all your environmental law needs.



 

 

 


In the course of their careers GRATA lawyers have provided services to many large companies in oil and gas, petrochemical, gold, uranium, and other areas, as well as trade, transport and agricultural organisations. Please find below a brief description of the most relevant work done during the last two years:

  • comprehensive legal opinion on issues relating to obtaining all necessary documents for drilling works prepared for a Kazakhstani mining company;

  • advising a major oil company regarding damage compensation caused by gas flaring without a permit from the Ministry of Oil and Gas;

  • advising a major power generation company on issues regarding reduction of rate for emissions into the environment;

  • advising a local company, which owns a large internet-marketplace, on issues regarding activities within the territory of Kazakhstan, and recognition of possible risks;

  • comprehensive legal opinion on legal liability in connection with the treatment, transportation and storage of radioactive materials for a large foreign uranium company;

  • advising a large foreign oil-and-gas company on legal liability in connection with treatment, transportation and storage of oil products;

  • advising a large oil company on issues regarding a change of environmental requirements for gas flaring as a result of the adoption of the Law of RK 'On Subsoil and Subsoil Use', and issues of liability for environmental violations;

  • legal monitoring and advising on the process of collecting documents and submitting requests to the Ministry of Environmental Protection to obtain environmental permits, performed on behalf of many large oil-and-gas companies. As a result of our actions all declared environmental emissions limits have been accepted and approved by the Ministry, as reflected in the issued permits;

  • upon the request of one of the largest oil-and-gas consortia, we analysed environmental legislation regarding production and consumption of waste, prepared systematised reference material which was used by the consortium in its day-to-day production activities;

  • comprehensive legal opinion on legal liability in connection with treatment of radioactive materials for one of the largest Kazakhstani uranium producers and exporters;

  • performed a legal risks assessment regarding certain chapters of the Environmental Code of RK and prepared a plan of corrective actions for a group of subsoil users;

  • prepared a legal opinion for a large oil company regarding issues of disposal of waste waters originating from oil production;

  • prepared legal opinions on issues of economic assessment of environmental damage and gave other explanations to a number of large foreign companies regarding payment for environmental emissions;

  • advised subsoil users on legality of audits of state environmental bodies;

  • advised an oil company on drafting a contracting agreement and the need to obtain a permit for environmental emissions;

  • advised a phosphoric company on legal regulation of production wastes;

  • advised an oil company on drafting an agreement for disposal of strata waters in view of requirements of environmental legislation of the Republic of Kazakhstan;

  • advised a foreign investment company on alternative energy business in Kazakhstan;

  • exhaustive legal opinion on issues of obtaining all necessary documents for drilling works prepared for a Kazakhstani mining company;

  • consulting a major oil company regarding damage compensation caused by gas flaring without the permit of the Ministry of Oil and Gas;

  • advising a major power generation company on issues regarding reduction of rate for emissions into the environment;

  • advising a local company, which owns a large internet-marketplace, on issues regarding activities within the territory of Kazakhstan, and recognition of possible risks;

  • prepared a comprehensive legal opinion on legal liability in connection with the treatment, transportation and storage of radioactive materials for a large foreign uranium company;

  • advised a large foreign oil-and-gas company on legal liability in connection with treatment, transportation and storage of oil products;

  • advised a large oil company on issues of change of environmental requirements to gas flaring as a result of adoption of the Law of RK 'On Subsoil and Subsoil Use', and issues of liability for environmental violations;

  • prepared a legal opinion for a large oil company regarding issues of disposal of waste waters originating from oil production;

  • prepared legal opinions on issues of economic assessment of environmental damage and gave other explanations to a number of large foreign companies regarding payment for environmental emissions;

  • advising a Kazakhstani energy company on obtaining quotas for emissions of greenhouse gas, drafting a memorandum for the Kazakhstani mining company on permissive documents required for drilling;

  • advising a Kazakhstani transport company on issues related to environmental emissions;

  • drafting a memorandum for a Kazakhstani oil company on the legal consequences of an accident at a well.

Name Position Contacts
Bakhodir Jabborov Managing Partner Inquire
Nurbol Kissembayev Partner, Branch Director Inquire
Leila Makhmetova Counsel, Director of Environmental Law Department Inquire
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01.06.2017

Legislation of the Republic of Kazakhstan on Support for Use of Renewable Energy Sources

In Strategic Development Plan of the Republic of Kazakhstan until 2020, it is noted that one of the directions for successful diversification of the economy is the introduction of modern technologies based on renewable resources and energy sources.

26.10.2015

GRATA International Training Centre Held Training Seminars

On 15 and 16 October 2015, the Training Centre of GRATA International organised training seminars

17.04.2015

GRATA Representatives Gave a Report at OILTECH Atyrau 2015

On 14-15 April, in Atyrau there was the 9th Atyrau Regional Oil Technological Conference - OILTECH Atyrau 2015.

17.09.2010

Review of Judicial Practice on Environmental Disputes Involving Subsoil Users

In Kazakhstani practice, environmental disputes arise quite often and their number is steadily increasing.

17.09.2010

Environmental Inspections: Practical Recommendations for Subsoil Users on Supporting and Appealing Environmental Inspections

Every subsoil use company is subject to regular environmental inspections, in the course of which the state inspectors often breach the letter of the law on their implementation.

17.09.2010

Environmental Due Diligence as an Instrument Minimising the Risks Imposed by Environmental Inspections

Today it is very hard to imagine the acquisition of a participatory interest in a subsoil use company without carrying out a due diligence, which includes an environmental due diligence.

29.09.2010

Issues on the unilateral termination of subsoil use contracts

Disputes in relation to the unilateral termination of subsoil use contracts (the ‘Contract’) form a substantial part of the litigated cases on the rights stipulated by the legislation on subsoil.

29.09.2010

Issues concerning the acquisition of a right to land plots required for subsoil use operations

There is no way to conduct an exploration and/or production of minerals without using the land located above the contracted territory.

25.05.2011

Environmental inspections: practical recommendations for subsoil users on supporting and appealing environmental inspections (as amended by the Law of the RoK ‘On state control and supervision in the Republic of Kazakhstan’ dated 06 January 2011)

Every subsoil use company is subject to regular environmental inspections, in the course of which the state inspectors often breach the letter of the law on their implementation.

08.10.2013

On Both Sides of the Caspian Sea', a comparative analysis of the investment law in Kazakhstan and Azerbaijan exclusively for PETROLEUM Analytical journal

The experts of GRATA Law Firm exclusively for PETROLEUM conducted a comparative analysis of the investment law in Kazakhstan and Azerbaijan.

24.04.2014

Preparing a package of documents for participation in trading quotas for greenhouse gas emissions

According to the National Quota Allocation Plan for Greenhouse Gas Emissions for 2013, a number of large companies are included in the list of operators, which obtained a quota for greenhouse gas emissions for 2013.

26.02.2014

Risks in Trading Quotas for the Emission of Greenhouse Gases

On March 26, 2009 the Republic of Kazakhstan ratified the Kyoto Protocol of the United Nations Framework Convention on Climate Change (“Protocol")

31.01.2014

GRATA's Environmental Law Department has won the court proceedings for the benefit of a subsoil user

In January 2014, the Environmental Law Department has won the court proceedings for the benefit of a subsoil user. The first-instance court has denied the environmental authority to recover environmental damages caused by dust emissions.

17.07.2014

On 27 June 2014, the AmCham Economic Policy Forum was held in the Radisson Astana Hotel

The Forum featured speeches by the Minister for Environment and Water Resources of Kazakhstan, Mr Kapparov and the US Ambassador in Kazakhstan - Mr Ordway.


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Key contacts

Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

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