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Day 2 igor petrakov legal - kazakhstan

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Day 2 igor petrakov legal - kazakhstan

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Day 2 igor petrakov legal - kazakhstan

  1. 1. Igor Petrakov 3-4 July 2014 Almaty Kazakhstan Groundwater Resources Assessment The system of management, use and protection of groundwater
  2. 2. Underground waters are the most valuable resources, which play a crucial role in the life of Kazakhstan and especially in the lives of people. They are widely used for household and drinking water supply, irrigation and livestock, industreal production and technical water supply, medical treatment, processing, and also as a source of heat
  3. 3. The law of the Re public of Kazakhstan “On subsoil and subsoil use” This law regulates social relations in the sphere of subsoil use and is aimed at protecting the interests of the Republic of Kazakhstan, rational and comprehensive study and utilization of mineral resources. Article 3. Scope of this Act 1. This Law regulates relations arising from the conduct of mining operations. 2. Relations of the use and protection of soil, water (except ground water and mud), forests, flora and fauna, air, regulated by special legislation of the Republic of Kazakhstan.
  4. 4. The water code of the Republic of Kazakhstan Groundwater objects (Article 13) To groundwater objects include: 1) aquifers horizons and complexes of rocks; 2) groundwater basin; 3) fields and areas of groundwater; 4) Naturally healing groundwater on land or under water; 5) flooded subsoil. Article 58. The state recording of the surface and underground waters 1. The state recording of the surface and underground waters is a systematic estimation and fixation of quantitative and qualitative indicators of water resources, available in the territory of the Republic of Kazakhstan, in the order, defined by the legislation of the Republic of Kazakhstan. 2. The data of the state recording of the surface and underground waters characterize the status of the surface and underground water bodies in qualitative and quantitative indexes, the level of their industrial and environmental safety for human life and health, their study and use. 3. The state recording of the surface and underground waters shall be carried out by the authorized body in conjunction with the authorized body for study and utilization of mineral resources, taking into account the data on use of the surface and underground waters, submitted by the water users and hydro-meteorological service.
  5. 5. The water code of the Republic of Kazakhstan Special water use (Article 66) Use of water and water facilities for drinking water and domestic water supply (Article 90) Centralized drinking and domestic water supply for the population (Article 91) Specifications of protection of groundwater (Article 120)
  6. 6. Resolution of the Government of the Republic of Kazakhstan dated July 21, 1999 № 1019 On approval of the Unified regulations on protection of mineral resources in the development of fields of solid minerals, oil, gas, groundwater in the Republic of Kazakhstan The regulations contain a set of requirements for rational and complex use of subsoil and environment protection at all stages of subsoil use. The sections of the rules on groundwater: - Basic information about underground waters - Exploitation of ground water intake - Main requirements to the water intake facilities. - Operation of wells to heat water - Control over groundwater extraction - Protection of mineral resources, and the environment where subsurface operations are conducted - The control and supervision of use and protection of groundwater, responsibility for violation of the rules
  7. 7. Directive of the Minister of energy and natural resources of Republic Kazakhstan from August, 13th, 1997 N 99 "On approval of the Classification of operating reserves and forecast resources of underground waters" Classification establishes uniform approach for the Republic of Kazakhstan principles of assessment and the state assessment of operating reserves and resources estimate of underground waters to the level of study and preparedness of fields for further study and use, taking environmental and other restrictions
  8. 8. Item condition of the mi neral resource base of the country From 7323 posts of national monitoring network for groundwater monitoring, including 9 posts of seismic monitoring, suspended and dissolved 3088, which worsened sanitary-epidemiological situation in the country. Over 3,900 locations in the Republic, having no other sources of drinking water was not provided by the groundwater fresh water reserves orphan oil, gas and flowing water wells, oil and slag pits put huge damage to the economy, for elimination of which it is necessary 32 billion tenge.
  9. 9. The structure of the autho rized body of groundwater management
  10. 10. Territorial ground water management
  11. 11. The optimal scheme of structure of management of hydrogeological research in the period of their development and formation The Ministry of Geology and protection of mineral resources 1958 The Ministry of energy and mineral resources 1990 The Ministry of industry and new technologies 2010 Kazakh hydrogeological trest 1958 Kazakh hydrogeological governance 1965 Hydrogeological Industrial Association "Kazgidrogeologiya" 1967 A complex expert expedition (development of methodological framework of scientific and industrial research and hydrogeological modeling) The Central Laboratory (complex of laboratory research in hydrogeology, engineering geology, soil mechanics) Administration of production and technical support and completion Thematic consignment (edition of annual bulletin on accounting, control protection from depletion and contamination of groundwater Department of Nature Protection and sustainable use of natural resources Territorial hydrogeological expeditions Almaty Zhambyl Kyzyl Orda Semipalatinsk North Kazakhstan Taldy-Korgan Celinograd Ural South Kazahkstan Kostanay Pavlodar Logs on groundwater protection from depletion and pollution
  12. 12. Authorization procedures in t he field of special groundwater use State body issuing permission: regional bodies of the Committee on Water Resources of the Ministry of Agriculture - Basin inspection to regulate the use and protection of water resources. Permission is given to the following types of special water use: discharge of treated industrial, municipal, drainage and other waste water into surface water objects; use of part of subsoil drinking and domestic, and industrial groundwater extraction limits from fifty to two thousand cubic meters per day; abstraction and use of water in excess of 50 cubic m. / day of surface water for agriculture, industry, energy, transport and fishery; abstraction and water supply from surface water objects to the secondary user.
  13. 13. List of documents for obtaining permission: Permission for special water is given to legal entities and individuals: -having an account, corresponding with the requirements and standards of construction or technical devices by means of which is carried out collection of sewage and drainage, as well as devices by which withdrawals of groundwater objects are made; -tools of the water discharge and quality control; -agreement with the secondary water users for wastewater and drainage water shedding; -agreement for the supply of water to secondary water users; -State expert decision on groundwater reserves and geological information on groundwater object. (In case of a negative state geological expertise, permission is approved on the condition of exploration up to 2 years and holding at the expiration of this period, state assessment of the competent authorities on the use and conservation of resources). With the provision of the following documents: statement in the prescribed form, with the name of the groundwater object, volume of intake and coordinate of groundwater source, and the places and the volume of sewage and drainage water; notarized copy of the certificate of state registration of a legal entity; -act of land allotment for construction, technical devices, by means of which intake or discharge of sewage and drainage water are carried out;
  14. 14. List of documents for obtaining permission: -passport of water structures or devices; -tax body certificate of registration or certificate of state registration of a person as an entrepreneur with the state tax authority; -agreeing the terms of special water use with a regional body of the authorized body in the field of use and protection of water resources; -central executive body in the field of environmental protection; -executive bodies acting in the field of sanitary and epidemiological welfare of the population in their relevant territories; -competent authorities for study and operation of mineral resources (groundwater at a fence); in the veterinary field (at the fence groundwater for livestock and animal product processing and discharge of wastewater from livestock buildings enterprises for processing of livestock products); territorial bodies of specially authorized body in the field of protection, reproduction and use of fish stocks and other aquatic animals (for drainage or discharge of waste water into water objects for fishery). -operation project of the groundwater body, agreed with the authorized body for the study and utilization of mineral resources (in the case of groundwater abstraction).
  15. 15. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region The authority responsible for preparing the documents of the contract on subsoil use: Regional Department of Commerce and Industry (RDCI) Other interacting agencies: Administration of SKR (South-Kazakhstan region); South-Kazakhstan territorial Department of Geology and Subsoil use "Yuzhkaznedra Territorial"; South-Kazakhstan Regional Inspectorate of Geology and subsoil use; Department of Natural Resources and Environmental Sciences of SKR; Administration of land relations of SKR; Regional territorial administration of land resources; SKR territorial department of the protection of environment. Department of Justice of SKR; Department of Economics and Budget Planning of SKR; Tax Committee of SKR; Department of State Sanitary and Epidemiological Investigation of SKR; Agency for State Control of Emergency Situations and Industrial Safety of SKR
  16. 16. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 1: Visit I. Department of industry and entrepreneurship. Actions: Receive oral information regarding procedures: the passage of the contest for obtaining subsoil use rights, execution of the subsoil use contract and the list of required documents. Executor: Employees of the Department of construction industry of Department of Entrepreneurship and Industry of SKR.
  17. 17. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 2: Application to the supervised Deputy Mayor of SKR Actions: Application with request for the exhibition of a plot or field to competition for granting rights of subsoil use with obligatory indication of the site, type of work, mineral, district or city, as well as the coordinates of the corner points in the plot forward to Administration of SKR Executor: Applicant
  18. 18. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 3: Forwarding an Application to Department of Entrepreneurship and Industry Actions: Supervised Deputy Mayor of SKR forwards application to Department of Entrepreneurship and Industry Executor Employee of Mayoralty of SKR
  19. 19. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 4: The request of the Department. The Department sends a request to the authorized bodies coordinates of the corner points of sites, areas and fields regarding the freeness of the subsoil and others: South Kazakhstan territorial administration of geology and subsoil use TA (territorial administration) "Yuzhkaznedra"; Actions: The Department of natural resources and environmental management of SKR; Administration of land relations of South Kazakhstan Region; Regional territorial administration on land resources administration; the South Kazakhstan territorial Department of environmental protection. Executor: Administration on state control for emergencies and industrial safety of SKR Specialists of the Department of construction industry of Department of Entrepreneurship and Industry of SKR
  20. 20. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 5: Publications in mass media Actions: Publication of notification about holding a competition on the list of available subsoil plots in republican periodical printed publications of Kazakhstan, terms of competition holding are specified in the notification. Executor: Specialists of the construction industry unit of Department of Entrepreneurship and Industry of SKR
  21. 21. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 6: Preparation and submission of tender documentation actions: Submission of tender documentation sealed and in duplicate to Department of Entrepreneurship and Industry Executor: Applicant
  22. 22. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 7: Carrying out of competition Actions: Carrying out of competition in two stages: - opening of envelopes, checking content - results of the contest; Executor: Regional competition commission
  23. 23. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 8: Publication of competition results in an official publication Actions: Publication of results of the competition in the official periodical printed publications of Kazakhstan Executor: Specialists of the construction industry unit of Department of Entrepreneurship and Industry
  24. 24. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 9: Getting extract from the minutes of the tender committee Actions: Getting extract from the minutes of the tender committee on the recognition of bid winning Executor: Specialists of the construction industry unit of Department of Entrepreneurship and Industry
  25. 25. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 10: Contract making Actions: Contract making Executor: The winner of the competition
  26. 26. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 11: Passing expertise and obtaining conclusion Actions: Passing expertise, getting conclusions on the contract: South Kazahstan territorial Department of geology and subsoil use TA (territorial administration) "Yuzhkaznedra Territorial" (Almaty, Dostyk 85, phone: 8 (727) 272-60-87, 72-58-77); South Kazakhstan Department of Justice; South Kazakhstan Department of Economics and Budget Planning; South Kazakhstan Tax Committee; South Kazakhstan Department of State Sanitary and Epidemiological Surveillance; South Kazakhstan territorial department of environment protection; South Kazakhstan Administrative for State Control of Emergency Situations and Industrial Safety; Executor: Subsoil user
  27. 27. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 12: Signing of a contract Actions: submission of the contract to the Department of Business and Industry in duplicate for approval Executor: Subsoil user
  28. 28. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 13: Submission of agreed contract to Mayoralty of SKR Executor: Specialists of the construction industry unit of Department of Entrepreneurship and Industry
  29. 29. Scheme of the contracting process for subsoil operations on commonly occurring minerals on the example of South- Kazakhstan region Step 14: Contract Registration Actions: Registration in the Department of Business and Industry Executor: Specialists of the construction industry unit of Department of Entrepreneurship and Industry
  30. 30. Structure of the object and observation network of State groundwater monitoring Object of State groundwater monitoring of local monitoring Of regional monitoring of republican monitoring Studied objects = Objects of generalization objects under study objects under Objects of generalization study Objects of generalization Territories of the republic, large territories of regions of national importance, within stressed zones (the Aral sea , Semipalatinsk nuclear testing ground and others. Territories of transboundary fluxes of underground waters and others Large hydrogeological regions, large regions of national importance State (supporting) Local (specialized) Regional background Natural systems, natural and man-made loaded: basins of groundwater of different orders, aquifers, watersheds and other Natural-technogenic system (deposits of underground waters, areas of groundwater contamination, urban territories, arrays of irrigation and other) Monitoring of subsoil area (nature use) Separate natural and technical systems within the mining lease, land and subsoil, as well as their areas of influence: intakes, quarries, mines, landfills, burial, etc. Specialized departmental and private (of subsoil users) Observation network SGM (state groundwater monitoring)
  31. 31. Thank you for your attention! Petrakov Igor A. – a political analyst, a lawyer, an expert on water law and national law. Apt. 30, 12 Tole bi Kazakhstan, Almaty Tel.: (3272) 91-93-49 (home) Mob.: 8 701 347 24 62 Fax: (3272) 91-24-11 ipetrakov@bk.ru

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