Issues of Legal Regulations of Emissions into the

Environment

Abzal KassymzhanovGRATA Law Firm

Almaty, March 27 2009 .

Emissions into the environment

Pollutant wastes into the air

Construction and consumption wastes allocation into the environment;

Sewage wastes into water objects and land surface.

Emissions norms

are established

during the environmental norm procedure

Amount of emissions norsm

is the basis of

Environmental permits obtaining

Subject producing emissions has to

Obtain environmental permit for emissions;

Make payments for emissions into the budget.

Subject producing emissions into the environment

Consumer Contractor

Lessor Lessee

?

?

Subject producing emissions

•Conduct production environmental control;

•Compile payments for emissions;

•Provide fulfillment of emissions norms

The following conditions should be included in a construction contract:

1. Contractor is obliged to obtain environment permit for emissions;

2. Contactordamage

reimbursement

Consumer

Contract on Leasing of industrial object

Subject producing emissions

Lessee

The following conditions can be included in contract for lessor’s interests protection:

1. LESSER is obliged to obtain environmental permit for emissions;

2. LESSER is obliged to make payments for emissions; emissions guidelines observance.

LESSOR

TRANSMITION of the EIA documents and state environmental expert review

LESSEE

Consequences of producing emissions without obtaining environmental permit

Fine at a rate of ten times payment for emission;

Damage sum reimbursement for emissions;

Administrative penalty in accordance with article 243 of the RK Code of Administrative Offences.

Examples of mistakes made during determination of sum of damage caused to

the environment•Imposition damage sum on a subject that is not responsible for emissions (that is not obliged to obtain permit for emissions);

•Misinterpretation of factual amount of emissions and emissions norms volume;

•Imposition a penalty for amount of emissions that would be produced in the future without permits.

It is recommended to check as to whether administrative fine was imposed correctly in accordance with article 243 of the

RK CAO

According to article 243 of the RK CAO fine for subjects of big scale business is at the rate of 1000 % of payments for exceeding emissions

Some mistakes as violation of such rule were made in practice due to:

1)Incorrect calculation of emissions volume;2)Unjustified increase of payment rate for emissions in accordance with article 462 of the RK Tax Code.

Our assistance to out clientscorrect drafting of an agreement including responsibilities of parties on emission into the environment;

explaining clients who is liable for emission in each cases;

checking the eligibility of administrative fine;

checking the eligibility of estimated amount of damage caused to the environment.

THANKS FOR YOUR ATTENTION!

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