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Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 3. The right to subsurface use
Article 35. Granting the right to subsurface use
(…) 10. Granting the right to subsurface use for widespread mineral deposits, used in construction (reconstruction) and repair of general purpose highways, railroads and hydraulic structures shall be performed on the basis of a permission in writing by a local executive body under the agreement with the territorial division of the competent body for study and use of subsurface and the authorized body for environmental protection, according to the procedure, established by the Government of the Republic of Kazakhstan.

Article 40. Termination of the right to subsurface use
2. The right to subsurface use shall terminate in the following cases:
1) termination of the contract;
2) expiration of the term or revocation of a permission for performance of operations involving the construction and (or) operation of underground facilities not related to exploration or production and designated for burial of radioactive waste, harmful substances and waste waters, as well as for exploration or production of industrial-technical ground water in volumes of two thousand or more cubic meters a day, for granting the right to subsurface use under construction (reconstruction) and repair of general purpose highways, railroads and hydraulic structures in accordance with paragraph 6 and 10 of Article 35 of this Law;
(...)

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 5. Granting of the right to subsurface use on the basis of direct negotiations
Article 56. Objects of direct negotiations
2. On the basis of direct negotiations contracts shall be concluded for granting the right to subsurface use for construction and (or) operation of underground facilities not related to exploration and (or) production:
(...) 4) tailings storages and sludge storages embedded below the soil layer for burial and storing of solid, liquid and radioactive waste, harmful toxic substances and discharge of waste and industrial waters into subsurface. (...)

Article 58. Application for participation in direct negotiations
2. An application for participation in direct negotiations on the conclusion of a contract for the construction and (or) operation of underground facilities not related to exploration and (or) production must be additionally supplemented by documents containing the following data:
1) general characteristics of the facilities for burial of harmful, toxic substances, solid and liquid wastes, place of discharge of waste and industrial water including location of the facilities, period of operation, cost of maintenance, availability and location of the monitoring network concerning ground water, environment and subsurface;
2) physical characteristics of the facilities – characteristics of isolation, type of rocks, depth of occurrence and effective thickness of the reservoir bed, its acreage, porosity factor, characteristics of the underlying and overlying aquicludes, velocity of natural flow of ground water, qualitative and quantitative indices, mine-technical, special geo-technical, hydro-geological and ecological conditions of burial, storage and discharge;
3) on organizations, the activity of which results in the formation of harmful, toxic substances, solid and liquid waste, waste and industrial water;
4) characteristics of harmful, toxic substances, solid and liquid wastes, waste and industrial water with the specification of the name of the product, the technical production or process resulting in the product, its physical characteristics, full chemical composition, content of toxic components, fire and explosion safety, dissolvability, compatibility with other substances in the course of storage, basic contaminating radio nuclides, their intensity, and characteristics of the transportation system;
5) opinion of the authorized body for the study and use of subsurface;
6) opinion of the State ecological expertise.

Article 60. Particularities of granting the right to subsurface use when transiting from exploration stage to production stage
(...) 11. Upon termination of the exploration contract, a subsurface user that applied for direct negotiations on entering into a production contract, shall be obliged:
1) to the extent of return of a part (parts) of the contract area, conduct abandonment or temporary abandonment of subsurface use facilities in accordance with Article 111 of this Law, as well as rehabilitate the land plots and other natural sites damaged as a result of exploration up to a condition fit for their further use on the returned part (parts) of the contract area; (...)

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 6. Subsurface use contract
Article 65. Appraisal work project
2. An appraisal work project shall be subject to the following mandatory expertise:
1) State ecological expertise;
2) in the sphere of industrial safety;
3) sanitary and epidemiological expertise.
Appraisal work project that does not include the project development of commercial production or the project trial operation, is subject to the State ecological expertise.
(...)

Article 66. Project documents for production works performance
2. With regard to solid and widespread mineral deposits and underground water the following documents shall be prepared:
1) a project of commercial development of the deposit which shall include the time schedule of mining and production work, technical solutions ensuring the specified productivity and other associated production operations; measures ensuring the compliance with the requirements on rational and comprehensive use of minerals, personnel operational safety, protection of environment; reclamation of disturbed soils, as well as data on funding of the planned work with the breakdown by years;
(...)
Project documents should provide a rational and integrated use of the subsoil with the requirements of environmental, sanitary-epidemiological and industrial safety.
5. The project documents for production operations shall be subject to the following mandatory expertise:
1) State ecological;
(...)

Article 70. Territorial scope of a contract
3. If conducting subsurface use operations in a portion of subsurface is impossible or difficult or may result in excessive costs for the subsurface user without granting him an easement for the adjacent or other a portion of subsurface, the person interested in obtaining an easement (applicant for an easement) shall have the right to apply to a subsurface user whose portion of subsurface shall be subject to the creation of an easement, with a proposal to execute an agreement on creation of an easement. (...)
Creation of an easement shall be prohibited to the extent when such creation may cause a threat to the life and health of people or the environment and also when it makes it impossible to carry out exploration and (or) production in the a portion of subsurface.
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Chapter 7. Rights and obligations of a subsurface user
Article 76. Obligations of a subsurface user
1. A subsurface user shall be obliged:
(...)
2) to ensure the safety of human life and health and environmental safety in the conducting subsurface use operations; (...)
7) to observe the provisions of project documents and technological schemes relating to the performance of subsurface operations that are agreed in the procedure established by the legislation of the Republic of Kazakhstan and that ensure the safety of the life and health of the personnel and the population, as well as the rational and comprehensive use of subsurface and environmental protection; (...)
25) to restore land plots and other natural sites disturbed as a result of subsurface use operations to a condition suitable for their further use in accordance with the legislation of the Republic of Kazakhstan;
26) to forecast the environmental consequences of its activities at a design stage;
27) to conclude a contract on mandatory ecological insurance; (...)

Article 80. Obligations of a subsurface user upon termination of subsurface use operations
1. Upon termination of subsurface use operations, all production facilities of the subsurface user and the land plots shall be brought to a condition ensuring the safety of the life and health of the population and environmental protection, and the consequences of the activity of subsurface users shall be liquidated in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
(...)

Article 81. Ownership of the equipment and other property of a subsurface user
(...) 3. The dismantling and removal of equipment and other property from the contract area, regardless of the ownership of such equipment and other property shall be performed in a manner which shall be safe for human life and health and for the environment, and in compliance with the legislation of the Republic of Kazakhstan.

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 8. Petroleum operations
Article 85. Flaring of associated gas and (or) natural gas
1. Flaring of associated gas and (or) natural gas shall be prohibited, except to the extent of:
1) a threat of or occurrence of an emergency situation, a threat to the life of the personnel or health of the population and the environment;
(...)
2. In cases provided by subparagraph 1) of paragraph 1 of this Article and related to any failures (deviations) in the operation of technical equipment throughout the whole technological complex of operations related to production, collection, preparation and transportation of oil and gas, provided by the approved technological regulations, damaging of mechanisms, equipment and structures, associated and (or) gas flaring shall be allowed without permission.
Therewith the subsurface user shall be obliged within 10 days to provide a written notice of such flaring to the authorized bodies for oil and gas, subsurface study and use, protection of the environment.
Such notice shall contain the reasons why such flaring of associated and (or) natural gas occurred as well as information about the volumes of the flared gas.
3. To the extent, specified in subparagraphs 2) and 3) of paragraph 1 of this Article, flaring of associated gas and (or) natural gas shall be allowed upon the permission of the authorized body for oil and gas, agreed with the authorized body for the study and use of subsurface, for environmental protection provided that the subsurface user observes the project documents within the limits of the standards and volumes calculated in accordance with the methodology approved by the Government of the Republic of Kazakhstan.
(...)

Article 86. Utilization and processing of associated and (or) natural gas
(...) 2. In order to ensure environmental safety, a subsurface user producing hydrocarbons shall take actions aimed at minimizing environmental damage, minimizing the volume of flaring of hydrocarbon gas, and at rational and comprehensive use of natural gas, including its processing.
(...)
5. It shall be allowed at certain deposits where processing of associated gas is inexpedient, to utilize it without processing, by using it for technological needs, pumping it into a reservoir to storage, increasing the intraState pressure, following a decision of the authorized body for oil and gas, upon agreement with the authorized bodies for the study and use of subsurface and for environmental protection.
(...)
8. Subsurface users shall provide programs for the development of processing of associated gas, which are subject to approval by the authorized body for oil and gas and subject to agreement with the authorized bodies for the study and use of subsurface and for environmental protection, and which shall be updated every three years, for the purposes of rational use of associated gas and in order to decrease its harmful environmental impacts by reducing the volumes of its flaring or by reinjection into the reservoir (utilization).
Reports on the completion of programs shall be sent by a subsurface user annually to the authorized bodies for oil and gas, for environmental protection and for the study and use of subsurface.
9. Paragraph 1 of this Article shall not apply to subsurface users performing petroleum operations under subsurface use contracts concluded prior to1st of December 2004, until the expiration of the periods of implementation of the programs for utilization of associated gas and (or) natural gas, if they were approved by (agreed with) a State body prior to1st of December 2004 or agreed with the competent body and the authorized body for environmental protection prior to1st of July 2006.

Article 87. Measures for prevention of accidents and other dangerous situations in the course of conducting the petroleum operations
1. A subsurface user performing petroleum operations in accordance with this Law shall undertake all necessary measures to prevent accidents and other dangerous situations creating a threat to the life and health of people and to the environment, as well as a threat of destruction of property in the course of petroleum operations, and shall be guided by good practice of deposit development and the legislation of the Republic of Kazakhstan.
2. A subsurface user shall develop programs of measures for preventing accidents and other dangerous situations in the course of petroleum operations as well as in the construction and operation of oil and gas pipelines, and shall have them approved as a part of project documents.

Article 88. Raw hydrocarbon deposit construction
3. When building of deposit construction facilities, the sequence of their commissioning as established by the project document shall be observed, so that it does not result in amendment of the project indices in the adopted technological variation of the development of the deposit and in violation of industrial and environmental safety requirements.
(...)

Article 90. Exploration or production at the deposit as a single object
2. To the extent that the subsurface users fail to comply with paragraph 1 of this Article, the competent body shall have the right to demand in a judicial procedure that such subsurface users enter into a contract for joint exploration and production at the deposit (as a single object). When a contract for joint exploration and production is executed, a single work program for the entire deposit shall be developed, which shall be subject to mandatory agreement with the authorized bodies for the study and use of subsurface and for environmental protection.
(...)

Article 91. Safety requirements for conducting petroleum operations and oil transportation
1. Safety in the course of petroleum operations and petroleum transportation shall be ensured through compliance with the established requirements, implementation of a package of organizational and technical measures aimed at protecting human life and health and the environment, creation of conditions for safe construction and operation of aboveground and underground structures and equipment, as well as elimination of threatened accidents.
(...)

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 9. Conducting offshore petroleum operations and in inland water bodies
Article 93. General terms of conducting offshore petroleum operations and in inland water bodies
(...)
2. Subsurface users conducting offshore petroleum operations shall be guided by the best marine environment protection practice. (...)
4. A subsurface user conducting offshore petroleum operations shall be liable for any harm caused to the environment and private person and (or) legal entities to the extent of marine pollution resulting from the offshore petroleum operations conducted, notwithstanding the presence of guilt, unless it proves that such harm arose due to insuperable force or intent of the affected person.
5. A subsurface user conducting offshore petroleum operations shall develop special programs for prevention of marine pollution and shall have them approved as part of project documents.
These programs shall include measures on:
1) internal control over conducted petroleum operations;
2) training of personnel;
3) taking wells under control, supply of equipment and materials required in emergency and other dangerous situations, and to the extent of marine pollution;
4) involving other organizations specializing in elimination of accidents in the sea and their consequences.
6. To the extent of marine pollution despite the precautions taken by a subsurface user conducting offshore petroleum operations in accordance with a special program for prevention of accidents and other dangerous situations, such subsurface user shall take all possible measures to eliminate the marine pollution or reduce its level by using all means available for that.

Article 94. Conducting of petroleum operations within a safety zone
1. A subsurface user conducting petroleum operations within a safety zone shall conduct them in such a manner as to exclude or minimize any marine pollution in case the water level rises.
2. A subsurface user conducting petroleum operations within a safety zone must develop special programs for the prevention of marine pollution and have them approved as part of the project documents. These programs shall include measures on:
1) urgent conservation of exploration or production facilities with a due level of their protection against the marine environment;
2) removal from the flooded area of the stored petroleum, materials, drilling mud and other substances which may damage the environment;
3) localizing pollution focuses and cleaning water to the extent of marine pollution;
(...)

Article 95. Terms of conducting offshore explorations and production
3. The competent body shall issue its permission to the drilling of a well provided that the subsurface user or a contractor engaged by such subsurface user has an appropriate license for drilling operations; that the subsurface user has complied with its mandatory risk insurance obligations with respect to the risks arising in the course of the drilling of the said well; that a positive opinion on the well-drilling project has been issued by the State environmental expertise; and that the permission has been issued by the State body for the construction or deployment of the offshore facility in question. The application shall include or be enclosed appropriate documents confirming the facts Stated in the application.
4. Injection of associated gas or natural gas to maintain the intrastratal pressure shall be prohibited unless there is a written permission thereto issued by the competent body. The competent body may issue such permission provided that no other method of maintaining intrastratal pressure is efficient and that such injection has a sufficient level of safety for the environment and human life, and provided that a positive opinion of the State environmental examination committee with regard to the project, describing such injection, has been issued by the authorized body in the sphere of environmental protection.
5. A subsurface user conducting offshore exploration and production shall have, either at the offshore facility or within thirty-minute accessibility, appropriate equipment, materials and substances in the quantities required for conducting sea cleanup operations. The standards and requirements with regard to materials, substances, their quantities and availability shall be established by Government of the Republic of Kazakhstan.
6. Programs for the prevention of offshore accidents and other dangerous situations in conducting exploration and production, which shall be approved pursuant to this Law, shall contain certain measures of immediate localization of pollution focus and cleaning of the sea if its pollution occurs.

Article 95-1. The spill of oil in the sea
(...) 2. Subsurface user performing oil operations, is obliged to approve plans for the prevention and response to oil spills at sea, which must comply with regional plans to prevent and respond to oil spills at sea, approved by the local executive authorities of the regions in consultation with the competent authorities in the field of environmental protection, study and use of mineral resources, as well as with the professional rescue services and groups. The order, timing and form of approval of plans to prevent and respond to oil spills at sea are determined by the National Plan for the Prevention of oil spills and response at sea and inland waters of the Republic of Kazakhstan, approved by the authorized body in the field of oil and gas.
3. In the case of an oil spill at sea, the subsurface user is obliged in accordance with the legislation of the Republic of Kazakhstan on civil protection immediately inform the territorial subdivisions of the authorized bodies in the field of environmental protection and civil protection.
(...)
7. During the spill at sea of oil and its consequences preference needs to be given to methods focused on maximum protection of human health and the environment.
8. After the activities on liquidation and localization of oil spills at sea, investigations into the causes of accidents, incidents subsurface user submits a report on its work to the competent authorities in the field of environmental protection and in the field of civil protection.
9. Subsurface user performing oil operations in the sea, is obliged to fully compensate the damage caused to the environment, to third parties as a result of the oil spill on the sea as well as the expenses of the State upon liquidation of oil spill at sea.
(...)

Article 96. Construction and operation of offshore oil and gas pipelines
2. Compliance with the requirements and standards ensuring the safety of the conducted operations for human life and health and for the environment shall be provided in the course of the construction and operation of offshore oil and gas pipelines.
(...)

Article 98. Artificial islands, dams, constructions and installations
1. The Government of the Republic of Kazakhstan shall have the right to permission and regulate creation, operation and use of artificial islands, dams, constructions and installations intended for offshore petroleum operations, for scientific research and for any other purposes, under the condition of protection and conservation of the natural environment.
2. Conservation zones shall be established around artificial islands, dams, construction and installations, extending for five hundred meters from each point of their outer edge. The islands, dams, structures and facilities, as well as conservation zones surrounding them, shall be located in the places where they cannot hinder operations on the traditional marine routes that are important for international navigation and fishery.
(...)

Article 99. Discharge and burial of waste in the course of offshore petroleum operations
1. The performance of discharge into the sea and burial on the sea bottom of waste in the course of offshore petroleum operations shall be prohibited.
2. Industrial and other waste waters may be discharged into the sea only upon the permission and under control of State controlling bodies, under the condition of their purification up to the established standards.

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 9-1. Processing or other use of technogenic mineral formations
Article 101-3. Application for participation in direct negotiations on signing a contract for mining minerals from technogenic mineral formation or a contract for the use of technogenic mineral formations
(...)
2. The application for participation in direct negotiations on the conclusion of a contract for the extraction of minerals from technogenic mineral formations or contract for the use technogenic mineral formations shall be accompanied by documents containing the following information:
1) General characteristics of technogenic mineral formations, indicating that they contain harmful, toxic substances, solid and liquid waste disposal sites of sewage and industrial waters, including the location of technogenic mineral formations, storage period, maintenance costs, availability and location of observation network for monitoring groundwater water and environment;
2) technology program, including information on the proposed use of technologies and to activities that involves the formation of harmful, toxic substances, solid and liquid waste, waste water and industrial water;
3) characterization of harmful, toxic substances, solid and liquid waste, waste water and industrial water, indicating the name of the product, a technical manufacturing or process in which it is formed, its physical characteristics, total chemical composition, the content of toxic components, flammability, explosivity, solubility, compatibility with other substances during storage, main polluting radionuclides, their activity and transportation characteristics of the system;
4) conclusion of the authorized body for the study and utilization of mineral resources;
5) the conclusion of the State ecological expertise.

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 11. Protection of subsurface and environment, rational and comprehensive use of subsurface, safety of the population and personnel
Article 107. Tasks of the protection of subsurface and environment, rational and comprehensive use of subsurface
The protection of subsurface and environment, rational and comprehensive use of subsurface shall include a system of legal, organizational, economic, technological and other measures aimed at:
1) protection of the life and health of the population;
2) rational and comprehensive use of subsurface resources;
3) preservation of natural landscapes and reclamation of disturbed land and other geomorphological structures;
4) preservation of properties of the energy State of the upper parts of subsurface for the purpose of prevention of earthquakes, landslips, flooding, and soil subsidence;
5) ensuring preservation of the natural State of water bodies.

Article 108. General environment requirements
At all stages of subsurface use, including forecasting, planning, and designing, the environmental requirements established by the environmental legislation of the Republic of Kazakhstan shall be complied with on the priority basis.

Article 109. Ecological basis for conducting subsurface use operations
1. The ecological basis for conduction subsurface use operations shall be formed by the positive opinions of State environmental and sanitary-epidemiological experts of subsurface use contracts, project documentation and ecological permission.
2. Subsurface users shall be obliged to present for State environmental and sanitary-epidemiological expert reviews all pre-project and project documentation, which shall include environmental impact assessment concerning the proposed activities and incorporate an "Environmental protection" section.

Article 110. Requirements for rational and comprehensive use of subsurface use and protection of subsurface
1. The requirements for rational and comprehensive use of subsurface and protection of subsurface shall be as follows:
(...)
4) reliable recording of the reserves of basic and associated minerals and components, both extracted and depleted in subsurface, including products of processing of mineral raw materials and production waste resulting from the development of the deposits;
(...)
8) prevention of subsurface pollution, especially during underground storage of oil, gas or other substances and materials, burial of harmful substances and waste;
(...)
10) ensuring compliance with environmental and sanitary-epidemiological requirements during the storage and placement of waste;
11) using petroleum gas to the maximum extent, by processing it to obtain strategically important energy carriers or primary resources for the petrochemical industry, reducing to a minimum any damage to the environment.
(...)

Article 111. Liquidation and conservation of subsurface use objects
(...)
3. Liquidation or conservation of subsurface use objects shall be performed in accordance with liquidation or conservation project documentation, which shall be developed by a design organization having an appropriate license for the performance of operations and provision of services in the sphere of environmental protection and which shall be agreed with the authorized body in the field of State support for industrial innovation, together with the authorized body in the field of oil and gas for environmental protection, for the study and use of subsurface, in the deposit of industrial safety, the sanitary-and-epidemiological service, and land management bodies and which shall be approved by the subsurface user financing the work associated with the designing and implementation of the project, on the basis of the rules for the liquidation and conservation of subsurface use objects, approved by the authorized body in the field of State support for industrial innovation, together with the authorized body in the field of oil and gas.
4. Operations on liquidation or conservation of subsurface use objects shall be deemed to be completed upon the signing of an act of the acceptance of work on the liquidation or conservation of the subsurface use object, by a commission created by the competent body and consisting of representatives from the authorized bodies for environmental protection, industrial safety, sanitary-and-epidemiological service, study and use of subsurface, the body for the management of land resources and local executive bodies of a region, a city of republican significance, the capital.
5. After the receipt of the work acceptance protocol on the liquidation or conservation of a subsurface use object, approved by the authorized body for environmental protection, the geological, surveyor's and other documentation shall be replenished as of the time of the completion of the work and shall be provided for keeping to the authorized body for the study and use of subsurface in accordance with the established procedure.
(...)

Article 112. Portions of subsurface of special environmental, scientific, historical-cultural and recreational value
1. Portions of subsurface having special environmental, scientific, historical-cultural and recreational value shall be referred to objects of the State-owned natural preserve stock with the legal regime of special protection or regulated regime of business activities, which are intended for the preservation of typical, unique or rare geological, geomorphological and hydrogeological objects.
2. The particularities of the protection and use of portions of subsurface having special environmental, scientific, historical-cultural and recreational value shall be established in the legislation of the Republic of Kazakhstan on specially protected natural territories.
3. Portions of subsurface having special environmental, scientific, historical-cultural and recreational value may not be alienated for any other needs.
4. To the extent of discovery of a geological, geomorphological or hydrogeological site having special environmental, scientific, historical-cultural and recreational value, subsurface users must terminate the operations in the relevant area and notify about it the authorized body for the study and use of subsurface and the authorized body for environmental protection.

Article 114. Conducting petroleum operations offshore, in inland water bodies, environmental emergency zones, and in specially protected natural areas
1. A general decision on the possibility of the conducting petroleum operations offshore, in inland water bodies, in environmental emergency zones and in specially protected natural areas shall be made by the President of the Republic of Kazakhstan following a proposal of the Government of the Republic of Kazakhstan on the basis of the opinion of a State environmental expertise.
2. The procedure for the performance of petroleum operations offshore, petroleum operations in inland water bodies, environmental emergency zones, and in specially protected natural areas shall be approved by the Government of the Republic of Kazakhstan.
3. During the operation of deposits, oil transportation in offshore nature reserve areas shall be performed through pipelines in accordance with the requirements established by environmental legislation of the Republic of Kazakhstan.

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 12. State control over subsurface protection, study and use
Article 116. State control over subsurface protection
1. State control over subsurface protection shall be exercised by the authorized body for environmental protection.
2. The task of the State control over subsurface protection shall be to ensure control over compliance by subsurface users with the subsurface and subsurface use legislation of the Republic of Kazakhstan as it relates to the prevention of subsurface pollution in the course of subsurface use operations and a decrease in harmful environmental impacts on the environment, as well as the detection and control of illegal use of mineral resources.
3. State control over subsurface protection shall include:
1) State monitoring of the protection of subsurface;
2) control over compliance with licensing and contractual terms relating to the protection of subsurface;
3) control over burial of harmful substances, radioactive waste and discharge of waste water into subsurface;
4) control over the prevention of subsurface pollution, flooding, fire and technogenic processes damaging deposits and other environmental objects;
4-1) control measures to detect and prevent illegal use of mineral resources.
5) control over conservation and liquidation of subsurface use facilities;
6) control over the performance of measures aimed at preventing emergency or other hazardous situations in the course of subsurface use operations;
7) control over compliance with environmental standards and rules when using subsurface and processing mineral raw materials;
8) control over compliance with design solutions relating to environmental protection in the course of production and processing of mineral raw materials.

Trade-related Investment Measures in the Oil and Gas and Mining Sector
Law of the Republic of Kazakhstan No. 291-IV «On Subsurface and Subsurface Use» of 24 June 2010

Chapter 13. State subsurface fund
Article 119. Recording the condition of the State subsurface fund
1. The State subsurface stock includes the subsurface of the Republic of Kazakhstan.
2. The following shall be performed in order to ensure efficient use of the State subsurface stock:
(...) 5) maintenance of State cadastres of:
- deposits and occurrences of minerals;
- burials of harmful substances, radioactive waste and discharge of waste waters into the subsurface;
- technogenic minerals formations.

Article 121. State expertise of subsurface
(...) 3. A State expertise may be performed at any stage of the geological study of a deposit/deposit, provided that the geological materials submitted for the State expertise make it possible to provide an objective assessment of the quantity and quality of the mineral reserves, their significance for the economy of the Republic, and of the mining, hydrogeological, environmental, and other conditions of production.

Article 123. State cadastre of deposits and occurrences of minerals
(...) 2. The State cadastre of deposits and occurrences of minerals shall include information about each deposit, describing the quantity and quality of the main minerals and those accompanying them and of components contained therein, and mine engineering, hydrogeological, environmental and other conditions of deposit development and its geological and economic appraisal, as well as information concerning any discovered occurrences of minerals.

Article 124. State cadastre of burials of harmful substances, radioactive waste and discharges of waste water into subsurface
1. The State cadastre of burials of harmful substances, radioactive waste and discharges of waste water into subsurface shall be organized by the authorized body for environmental protection for the purposes of prompt receipt of information, decision making with regard to environmental protection matters and for exercising planned control over the condition of places of burial of harmful substances, radioactive waste and the discharge of waste water into the subsurface.
2. The State cadastre of burials of harmful substances, radioactive waste and discharges of waste water into the subsurface shall contain information describing the type and form of buried substances and discharged water, setting forth their quantity and quality parameters, and mine engineering, special engineering geological, hydrogeological and ecological conditions of the burial or discharge.
3. The procedure for maintaining the State cadastre of burials of harmful substances, radioactive waste and discharges of waste water into the subsurface shall be established by the Government of the Republic of Kazakhstan.

Article 125. State cadastre of technogenic mineral formations
(...) 2. The State cadastre of technogenic mineral formations shall contain information about stored items, characterizing the type and form of the technogenic mineral formations and setting forth their quantity and quality parameters, and mine engineering and ecological conditions of storage.

This draft law of the Parliament determines the obligations to producers, importers and users of the integrated chemicals placed in the market and provides the appropriate documents in data security for them; it defines obligations to all suppliers to the labelling and packaging of chemicals, etc.

Relevant documents:
• Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No. 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.