About approval of Rules of carrying out public hearings

 

The order of the Minister of environmental protection of the Republic of Kazakhstan of May 7, 2007 No. 135-p. No. 4687 is registered in the Ministry of Justice of the Republic of Kazakhstan on May 30, 2007

 

     Footnote. Change in a state language is made to heading of the order, the text in Russian does not change, according to the order of the Minister of Energy of the Republic of Kazakhstan from 6/21/2016 No. 260 (becomes effective after ten calendar days after day of its first official publication).

 

       According to subparagraph 30) of article 17of the Ecological Code of the Republic of Kazakhstan of January 9, 2007 I ORDER:

      1. To approve the enclosed Rules of carrying out public hearings.
      Footnote. Change in a state language is made to point 1, the text in Russian does not change, according to the order of the Minister of Energy of the Republic of Kazakhstan from 6/21/2016 No. 260 (becomes effective after ten calendar days after day of its first official publication).

 

       2. To bring this Order to the attention of structural and territorial subdivisions of the Ministry of environmental protection of the Republic of Kazakhstan.

       3. This order becomes effective after ten calendar days after day of their first official publication.

     Minister

 

Are approved       
order of the Minister of protection
environment of  
the Republic of Kazakhstan 
of May 7, 2007 No. 135-p

 

Rules of carrying out public hearings

 

       Footnote. Rules in edition of the order of the Minister of Energy of the Republic of Kazakhstan from 6/21/2016 No. 260 (becomes effective after ten calendar days after day of its first official publication).

 

Chapter 1. General provisions

         1. These rules of carrying out public hearings (further - Rules) are developed according to subparagraph 30) of article 17 of the Ecological Code of the Republic of Kazakhstan of January 9, 2007 (further – the Code) and determine an order of carrying out public hearings.
         2. In these rules the following terms and determinations are used:
      1) the public – one or more than one physical person or legal entity, their associations, the organization or group, public associations;
      2) public hearings – one of forms of implementation of the rights of the public to participation in process of acceptance of the state and management decisions by means of carrying out open meetings, poll for accounting of opinion of the interested public;
      3) the interested public – the public which is affected or can be affected by decision making process on the questions concerning environment or which has interest in this process;
      4) the customer – the initiator of the planned management, business, investing and other activity;
        Other terms and determinations used in these rules are applied according to the legislation of the Republic of Kazakhstan in the field of environmental protection.
         3. According to subparagraph 4) of article 20 of the Code local executive offices of regions, cities of republican value, the capital (further - local executive offices) will organize public hearings when carrying out the state environmental assessment.
         4. Participants of public hearings are:
     1) the interested public;
     2) local executive office;
     3) authorized office in the field of environmental protection for objects of the I category;
     4) state offices within which competence adoption of the discussed decisions is;
     5) mass media (further – mass media), in case of their interest;
     6) customer.
         5. On an Internet resource of local executive office the special heading "Public Hearings" in a form, according to the appendix 1 to these rules is created.
         6. Public hearings are carried out:
     1) in the form of open meetings of the interested public on economic activity:
     on projects, specified in subparagraphs 1), 2), 3), 4), 5) of article 57-2 of the Code;
     for objects of I, II categories specified in subparagraph 6) of article 57-2 of the Code;
     2) in the form of poll for accounting of opinion of the interested public for objects III, IV categories specified in subparagraph 6) 57-2 of the Code;
      At the same time, questionnaires in a form, according to the appendix 2 to these rules are arranged.
        7. For public hearings by the customer documentation on an environmental impact assessment according to point 1 of article 41 of the Code, except for the subparagraph 14) of point 1 of article 41 of the Code is submitted.

 

Chapter 2. Order of carrying out public hearings

Paragraph 1. Public hearings in the form of open meetings

         8. The customer approves previously time and a venue of public hearings, the preliminary list of the interested public with local executive office and proves the most effective methods of its informing (the announcement in mass media, information leaflets, stands, written addresses). (download a sample of letter for filling)
         9. The local executive office approves the list of the interested public, an informing method, time and a venue of public hearings, determines the person responsible for carrying out public hearings.
        10. For carrying out public listenings in the form of open meetings the customer publishes declaration in media of carrying out public listenings in the form of open meetings in the state and Russian languages not later than twenty working days before carrying out public listenings, with specifying of the following data:

     date, time and venue of public listenings;

     name of local executive office and contact information of the person responsible for the organization of public listenings;

     the e-mail address of local executive office where notes and sentences are accepted;

     the address of an Internet resource of local executive office where the project documentation is placed;

     the place address where representatives of the public can get acquainted with project materials in paper form;

     the name of public authority on conducting the state environmental assessment;

     name and contact information of the customer;

     the address of an Internet resource or e-mail of the customer where notes and sentences are accepted;

     name and contact information of the developer of documentation. (to download a letter sample for filling)
        11. The customer directs the announcement of carrying out public hearings, the project documentation for placement on an Internet resource of local executive office.
        12. Local executive offices in twenty days prior to carrying out public hearings provide open access to the ecological information relating to an impact assessment procedure on environment to the planned business and other activities and decision making process on these activities through an Internet resource, and also using different ways of informing.
        13. The interested public represents to the customer of the note and offer (in case of their availability) according to the project documentation in time, no later than 3 working days before date of public hearings.
        14. In day of public hearings in appointed time and the place registration of participants of hearings, is carried out by the person determined by the local executive office responsible for carrying out public hearings.
        15. Public hearings are opened by the representative of local executive office. By a majority vote participants the agenda, the regulations affirm, the chairman and the secretary are elected.
        16. Reports of the customer on the project are heard. Reports contain information, according to point 1 of article 41 of the Code, except for subparagraphs 1), 2), 14) of point 1 of article 41 of the Code.
        17. At public hearings everyone according to the established regulations speaks and asks questions to speakers.
        18. The local executive office provides electronic record of a meeting of public hearings.
        19. Results of public hearings are arranged by the protocol, in the form specified in the appendix 3 to these rules. The protocol is constituted taking into account opinion of the persons which have taken part in public hearings no later than seven working days after carrying out public hearings. Reasonable notes and offers from the interested public and the customer's line item on accounting of each note and offer are reflected in the Protocol. The protocol is signed by the chairman and the secretary of public hearings and is placed on an Internet resource of local executive office no later than seven working days after carrying out public hearings.
        20. The customer represents one copy of the Protocol of public hearings to local executive office for the publication on an Internet resource no later than seven working days after carrying out public hearings.
        21. Public hearings are considered taken place with obligatory participation of the representatives specified in subparagraphs 1), 2) of point 5 of these rules except for the customer (a developer of documentation).

 

Paragraph 2. Public hearings in the form of poll

        22. The customer notifies local executive office on carrying out public hearings in the form of poll.
        23. The local executive offce determines the person responsible for ensuring access of the public to information on carrying out public hearings. (download a sample of letter for filling)
        24. The customer publishes the announcement in mass media of carrying out public hearings in the form of poll in the state and Russian languages, with indication of the following data:
     name of local executive office and contact information of the person responsible for the organization of public hearings;
     the name of state office on carrying out the state environmental assessment;
     name and contact information of the customer;
     name and contact information of a developer of documentation;
     the address of an Internet resource of local executive office where the project documentation and the questionnaire on accounting of opinion of the interested public is placed;
     the address of an Internet resource or e-mail of the customer where notes and offers are accepted. (download a sample of annoncement for filling)
        25. The responsible person of local executive office in case of receipt of notes and (or) offers from the interested public sends them to the customer.
        26. The customer carries out the analysis of the notes and (or) offers which have arrived from the public.
        27. The responsible person of local executive office together with the customer constitute the Protocol on carrying out public hearings in the form of poll, no later than seven working days after carrying out public hearings in the form specified in the appendix of 4 to these rules. Reasonable notes and (or) offers from the interested public and the customer's line item on accounting of each note and (or) offer are reflected in the Protocol.

 


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