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SECTION 3. ECOLOGICAL POLICY (Pollution control, environmental impact assessment etc.) A new ecological policy of transition period, aimed at the development of economic methods for environmental management, expansion of rights and authority of local administration began in 1989-1990 in Kazakhstan. A wide-scale experiment on the introduction of an ecological mechanism of payment for pollution was carried out. An inventory of sources of emission and contaminant discharges was initiated, the role of territorial bodies in the management of natural resources was increased, the attitude of enterprises has changed to the planning of their activities, the mechanism of economic activation of environmental management was initiated. In accordance with the Law on Environmental Protection in the KazSSR (1991) and the Law of the Republic of Kazakhstan Ecological Expertise, ecological expertise in the Republic of Kazakhstan is represented in two forms – the state ecological expertise and public ecological expertise, and the latter plays a principal part in the procedure of environmental impact assessment (EIA). Some independent articles and provisions on environmental impact assessment that were included were very important, but they were not required in the former valid law. In accordance with the accepted concept in the republic, pre-planning, planning pre-project and project documentation is submitted to the state ecological expertise. Any economic activity can be undertaken only after approval of the expertise and the permission on special environmental management based on its recommendation. Valid normative documents of the Ministry of Natural Resources and Environmental Protection of the Republic of Kazakhstan define the management through environmental impact assessment procedure, at all stages of economic activity – from initial stages, through planning, construction, exploitation of an resource. The EIA main objective – ecological risk forecast and assessment, the implementation of which the state ecological expertise is to carry out. That is its objective, as the most important, preventive part of the state ecological inspection system. It is more effective to forecast possible environmental damages than to eliminate (if possible) avoid the consequences. It is necessary to emphasize that the implementation of these stages of EIA development, included into the instruction, as “Review of the state of the environment ” and “Tentative EIA” is not always obligatory. They are implemented in such cases, when it is necessary to establish an resource’s location and are stressed with the purpose of reducing of investor’s (customer’s) expenses in case of refusal to obtain permits for activities at early stages of coordination. As the activity location for underground resource users is determined by license, EIA preliminary stages are not obligatory. At present the key base for ecological expertise are health norms for the NIS area, but in the near future it is expected, according to “Ecological safety concept of the Republic of Kazakhstan ” transition to regional ecological norms, to a large extent, taking into account specific character of nature and level of technogenic loads on various territories. Now a number of normative documents on environmental impact assessment and state ecological expertise are developed and in force (Instruction on state ecological expertise of pre-project and project materials in the Republic of Kazakhstan, Almaty,1997; Tentative instruction on environmental impact assessment of a planned economic activity in the Republic of Kazakhstan.GND 03.02.01- 93., Almaty, 1993; Tentative instruction on ecological audit (environmental impact assessment and human health – EIA and H) for existing (operating) enterprises in the Republic of Kazakhstan. GND 211.3.02.01 - 96, and methodical recommendations on their realization have been developed: Recommendations on bioresources impact assessment of economic activity (soil, vegetation, animal life). GND 211.3.02.05 - 96; Methodical recommendations on environmental impact assessment of new techniques, equipment, materials and substances, Almaty, GND 211.3.02.02-1996.) At present the development of “ Manual for customers of pre-project and project documentation on organization of study and responsiveness of public opinion in environmental impact assessment of a planned economic activity” has been initiated as well as the development of a “ Manual on environmental impact assessment” and the section “Environmental protection” according to pre-project, project and work documentation”. Adjustment of approaches in operation of ecological assessment of economic activity in Kazakhstan to international approaches is confirmed in the resultive documents of joint (MEDB – World Bank) workshop on “Harmonization of World Bank procedures on Ecological Assessment and Kazakhstan procedures on Environmental Impact Assessment (EIA)”, held in Almaty, March 31 – April 2, 1997. The Decree of the President of the Republic of Kazakhstan on Land, having force of the law, and the Law of the Republic of Kazakhstan on Environmental Protection establish a certain legislative base for legal protection from land pollution, with the exception of legislative regulation of pesticides and agrochemicals. However, many problems, regulating protection from land pollution, are not developed on level of regulatory acts. Economic instruments. An operating economic mechanism on environmental protection in Kazakhstan has been formulated for years. So, in 1930s, the payment for forest resources – forest taxes of differentiated nature, depending on forest structure, location, remoteness from transport routs, qualitative characteristics of wood for the restoration of forests on the territory of the former USSR. Forest taxes were worked out on a expended principle and were approved by the state. Forest payment system was actually improving and is in operation up to the present time but it requires adaptation to market economy conditions. The lack of water resources predetermined the introduction of water utilization payment for industrial needs from the surface and groundwater sources in 1980s. Some payments for natural resources utilization were privy information. So, payments for mineral resources utilization were taken as for geological survey. A new stage of improvement of economic mechanism for environmental management is initiated with the adoption of the final (1995) Constitution of the Republic of Kazakhstan, identifying its basic principles. The basic law of the Republic of Kazakhstan on Environmental Protection determined economic mechanism and basic economic instruments for environmental protection. Payments, subsidy and other regulators, promoting rational and effective environmental management, refer to economic instruments. 3 kinds of payments were defined by existing legislation:
Payments for natural resources utilization are taken from nature users in the form of taxes and special payments that are paid to the budget. Resources subject to taxation are land and water resources, underground resources, etc. The main source of tax dollars are payments for mineral resources utilization. In connection with it, a transparent definition and status of payments for resource utilization on a number of natural resources (forest and land resources) include payments for their protection and reproduction. Payments for environmental pollution are taken from nature users for waste emissions, dicharges and distribution. Payments for other kinds of pollution (heat, sound etc.), identified in the law of the Republic of Kazakhstan on Environmental Protection (1997), have not been defined in existing legislation for environmental management. This payment is considered both for pollution within a limit and increased payments for a limit surplus. They are paid to environmental protection funds. The principle of this payment identification is incomplete, the expended mechanism, not providing necessary resources for environmental renewal is based there. As a matter of fact, it comes from necessary expenses on pollution prevention. Quantity of payments for exceeding limits is not correlated with scale of damage, though damage should be compensated to the environment and population from these payments. A central executive committee on environmental protection fixes payment rates. It allows payment rates to be brought into accordance in various regions of the country, in fact, differing in ten to hundred times. Payments on natural resources protection and reproduction. The main objective of these payments – reimbursement of budget expenses for the above mentioned activity is to be undertaken. These payments coincide with payments for natural resources utilization. For example, payment for surface waters, tariff for which was fixed on water basins, based on expenses on natural resources protection and reproduction and, at the same time, as a payment for resources is fixed without clear differentiation between these payments. The same procedure in respect to payments for animal resources. The order of consolidation of payments for natural resources into budgets of all levels, put in force in 1999, does not encourage environmental activity as these budgets don’t earmarked them for the objectives of protection and reproduction of these resources. Ecological insurance in at the development stage of regulating legal documents. It should serve as one of the main sources for recovery of damages, inflicted on the environment. The activity, taken in the Caspian region, is associated with baselines of national policy in the field of environmental protection and "Long-term Development Strategy 2030". |
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