Regulation Of Waste In Kazakhstan - Basic Permits

• Published date: 21 March 2024
• Subject Matter: Environment, Environmental Law, Waste Management
• Law Firm: Unicase Law Firm
• Author: Raushana Chaltabayeva and Alua Amirbekova

Waste is one of the main environmental problems, carrying potential hazards to human health and the environment. The dynamic population growth rate in major cities of Kazakhstan, increased consumption levels, and the rising number of legal entities lead to constant growth in the volumes of municipal and industrial waste. Furthermore, undeveloped legal regulation aggravated the situation in waste management.

Starting in 2021 changes have been taking place in the field of waste management by development of more detailed regulations and increased requirements for waste generators. The main novelty of the environmental legislation is the principle of "polluter pays and rectifies." According to the "polluter pays" principle, waste generators are responsible for ensuring compliance with environmental requirements for waste management until such waste is transferred to the possession of entities engaged in waste recovery or disposal operations.

In connection with the tightening of environmental legislation, private individuals, international financial institutions and investors are reaching out to us in terms of obtaining permits related to waste management or waste disposal.Different types of permits are required for each entrepreneur depending on the sphere of activity. However, for informational purposes, we describe the most common type of permit.

The most common and universal type of permit is an environmental permit, which determines the environmental requirements for waste generation. According to the environmental code, operators of facilities categorised as I and (or) II, due to their significant negative impact on the environment, must possess environmental permits and relevant documentation related to waste management.

Under Article 106 of the Environmental Code, individuals or legal entities may only carry out negative impacts on the environment after obtaining an environmental permit. The Environmental Code distinguishes between environmental impact permits and comprehensive environmental permits. Obtaining an integrated environmental permit for Category I facilities is mandatory from 1 January 2025.

Having an environmental impact permit is mandatory for Category I and II facilities. An environmental permit is not required for activities related to the construction and operation of Category III and IV facilities unless they are located within the industrial site of a Category I or II facility and are technologically linked to it. Category III...