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:
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;
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;
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.
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.
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