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.

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23.10.2018

GRATA Azerbaijan participated at the Joint AmCham/BCC Career Fair

On 5 October 2018 Joint AmCham/BCC Career Fair was held in Baku, Azerbaijan. 
 

22.10.2018

Trademark protection in Mongolia

The exclusive rights of the trademark holder will be granted or entitled when the trademark is officially registered with the General authority of Intellectual property and trademark certificate is issued. 

18.10.2018

Agricultural business in Kazakhstan and opportunities for Islamic finance

Agriculture is one of the most attractive sectors of Kazakhstan’s economy. Kazakhstan has approximately 24 million hectares of arable land and 188 million hectares of pasture.

15.10.2018

Gulnur Nurkeyeva attended Investment and Financing Innovation Law & Commerce Forum

On 11-14 October 2018 Elite Global Legal Alliance (EGLA) held its Fourteenth General Meeting & Investment and Financing Innovation Law & Commerce Forum.

02.10.2018

Yerbolat Yerkebulanov gave a presentation to Malaysian suppliers of goods and services to O&G subsoil users

On 28 September 2018 An Export Acceleration Mission for Oil, Gas and Energy in Almaty, Kazakhstan was held.

 

Ibragim Kouky, the Senior Associate at Contract and Real Estate Department participated in the joint FIDIC/ICC Conference

Ibragim Kouky, the Senior Associate at Contract and Real Estate Department participated in the joint FIDIC/ICC Conference (International Federation of Consulting Engineers and International Chamber of Commerce).

 

24.09.2018

Introduction of 2nd 2017 Edition of FIDIC Forms of Contracts

In 2017 the International Federation of Consulting Engineers has introduced major amendments to FIDIC 1999 Yellow, Red and Silver Books which have been in use in the construction industry for almost twenty years.

21.09.2018

Bakhyt Tukulov gave a presentation about Dispute Resolution at the AIFC

On 20 September 2018, CCI France-Kazakhstan (CCIFK) held a monthly meeting.

20.09.2018

Ministry of Finances of the Republic of Belarus Specified Dates of Completing Business Operations

Amendments concern business operations relating to performance of works, rendering services and lease relations.

While rendering services, which results the customer can use during the term of the agreement, the date of completing this business operation shall be:

  • last calendar day of each month of provision of services and the last day of provision of services – if the term of the agreement exceeds one month;

  • last calendar day of the month, when provision of services is started, and (or) the day of completing of provision of services – if the term of the agreement does not exceed one month.

20.09.2018

Law of the Republic of Kazakhstan On Concessions (unofficial English translation)

This Law determines legal conditions of concession, types of state support of concessionaire and regulates social relations arising during conclusion, execution and termination of concession agreements.

20.09.2018

Law of the Republic of Kazakhstan On Public-Private Partnership (unofficial English translation)

This Law determines legal conditions of public-private partnership, ways of its implementation, and regulates social relations arising during preparation and implementation of public-private partnership projects, execution, performance and termination of public-private partnership agreements.

18.09.2018

Gulnur Nurkeyeva took part at the 10th China Overseas Investment Fair (COIFAIR)

With the approval of the National Development and Reform Commission (NDRC) of the People’s Republic of China, the 10th China Overseas Investment Fair (COIFAIR) was held at the China National Convention Center, PRC on 15-16 September 2018.

14.09.2018

Gulnur Nurkeyeva delivered a speech at Duane Morris & Selvam Ambassador Series

On 12 September 2018 Duane Morris & Selvam law venture held Ambassador Series dedicated to Kazakhstan event in Singapore.

13.09.2018

#NEARFOOTBALL or What a Sports Lawyer Should Know

As football developes and becomes more popular in Kazakhstan, the legal relationships and arrangements of the parties involved increasingly require compliance with legal formalities. A professional club, sportsman, coach and federations are guided by regulations approved by the international sports organisations and/or concluded contracts.

13.09.2018

Kazakh privatisation: a fresh start

Although the Kazakhstan securities market is the most developed in Central Asia, its development has been slow compared to the country’s banking sector.

10.09.2018

Shaimerden Chikanayev was among the panellist at the IBA ECA Forum 2018

On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 was held in Almaty.

10.09.2018

How to incorporate a company or representative office in Mongolia?

Despite the fact that Mongolian legislation provides for a wide range of legal forms of commercial entities (limited liability company or LLC, joint-stock company or JSC and joint venture), in practice, private businessmen and foreign investors mostly prefer LLC or JSC. Representative office of foreign legal entities is also common

05.09.2018

Land Law of the Republic of Belarus

Land relations can be a crucial issue for foreign investors considering whether or not to start a business in a particular country. Let us provide you with a summary of land legislation of Belarus and the opportunities it offers for business.

12.09.2018

Dmitry Samigullin spoke on Business setup in Russia in Zurich

Dmitry Samigullin spoke on Business setup in Russia in Zurich.

04.09.2018

Administration of Almaty has officially announced public tender for participation in Almaty Light Rail Transport (LRT) Project

On 29 August 2018, the Administration of Almaty (Almaty Mayor’s Office) has officially announced the public tender for participation in PPP project for development of design specification, construction, commissioning, financing, operation and technical maintenance of Almaty Light-Rail Transportation System (the “Project”).

27.08.2018

Major Kazakhstan Legislation Changes for 2017

The Law on Amendments Intended to Improve Business Conditions[1] (the “Business Improvement Law”) came into effect on 12 March 2017, except certain provisions.

The purpose of the Business Improvement Law is to further improve the investment climate in line with the general policy of the country to support local entrepreneurs and foreign investors.


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Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

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