The principal part of the Law of the Republic of Kazakhstan No. 340-VIII ZRK “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Environmental Issues and the Improvement of Certain Sectors of the Economy” (dated 8 July 2026) entered into force on 8 September 2026.
The Law introduces a broad package of amendments to Kazakhstan’s environmental regulation, including changes to the Environmental Code. The amendments address, among other things, classification of facilities, state environmental control, financial security for Category I facilities, waste management, environmental reporting, extended producer responsibility, best available techniques and voluntary carbon market mechanisms.
Certain provisions have different commencement dates, including provisions entering into force after 10 calendar days, from 1 January 2028 and from 1 January 2030.
Facility Categories Should Be Reassessed
The Law amends the criteria for classifying facilities as Category I and Category II facilities under Annexes 1 and 2 to the Environmental Code.
The amendments may be relevant for a number of sectors, including energy, oil and gas, construction materials, mining, road construction, asbestos-related activities and waste management.
Among other things, the amendments address or clarify certain activities and thresholds, including asphalt concrete and bitumen production, charcoal production, asbestos products, crushing and screening units, hydrocarbon exploration and fuel combustion facilities.
Environmental Control over Category I and II Facilities
The Law introduces a more detailed environmental control framework for operators of Category I and II facilities directly within the Environmental Code.
State environmental control over Category I and II facilities is to be carried out through:
- remote control without visiting the facility;
- inspections; and
- control through automated emissions monitoring systems.
At the same time, state control over Category III and IV facilities generally remains subject to the Entrepreneurial Code.
Remote control may be carried out without prior notification of the controlled entity and without registration with the state legal statistics body. It may be based on information available to the environmental authority, including digital data, environmental reports, information from state bodies, media publications, satellite data, photo and video materials and other sources.
The Law provides that administrative proceedings are not commenced solely on the basis of remote-control results. However, where remote control identifies a gross violation, this may lead to an unscheduled inspection within the period prescribed by the Environmental Code.
Scheduled and Unscheduled Inspections
The Law provides for scheduled complex inspections of Category I and II operators on a risk-based basis.
The frequency of such inspections depends on the relevant risk level and may be no more frequent than:
- once a year for high-risk activities;
- once every two years for medium-risk activities; and
- once every three years for low-risk activities.
The inspection schedule is to be generated through the National Data Bank on the State of the Environment and Natural Resources. The controlled entity must be notified in advance of a scheduled complex inspection.
Inspections are to be carried out against approved checklists. As a result, the relevant checklist, inspection act, inspection subject matter and inspection period should become important documents for determining the scope of an inspection.
Rights of the Controlled Entity
The Law sets out the rights of controlled entities during state environmental control.
In particular, a controlled entity may have grounds to refuse admission to inspectors where the inspection is not properly authorised, the necessary documents are not provided, the inspection period or frequency has been breached, or other procedural requirements have not been met.
The controlled entity may also refuse to provide documents or information that do not relate to the subject matter of the inspection or the period covered by the inspection.
The Law also allows the controlled entity to record the inspection by audio, photo or video means, provided this does not obstruct the inspection.
Pre-Trial Complaint and Remedial Orders
The Law provides for a pre-trial complaint mechanism in relation to the results of state environmental control.
A complaint must be filed within the statutory period and is considered within the period prescribed by the Environmental Code. Filing a complaint suspends execution of the relevant remedial order.
This is practically important, as failure to comply with a remedial order within the prescribed period may result in a daily penalty for legal entities operating Category I facilities.
The Law also provides that suspension of a facility, its separate section, activity, process, permit or permit appendix in respect of investors included in the register of investors requires the consent of the prosecutor.
Deposit Account as Financial Security
The Law introduces a new mechanism allowing operators of Category I facilities to form a deposit account as financial security for liquidation of the consequences of operating facilities that have a negative impact on the environment.
The deposit account is formed through annual contributions made by the operator to an account in a bank located in Kazakhstan. The number of annual contributions is to be determined by the operator based on the estimated liquidation costs and in accordance with the methodology to be approved by the authorised environmental authority.
If the actual liquidation costs exceed the accumulated amount, the operator remains responsible for the additional financing. If the actual costs are lower, the remaining funds are returned to the operator.
The Law also provides for the possibility of progressive liquidation, where the operator carries out partial liquidation of a Category I facility before the full cessation of operations.
Measurement and Excess Emissions
The Law amends certain technical aspects of emissions measurement, including the reference figure for bringing emissions to standard conditions.
It also clarifies the approach to determining the period of excess emissions and discharges for Category I and II facilities. In general, the relevant period is linked to the date of the last industrial environmental control report submitted to the National Data Bank on the State of the Environment and Natural Resources.
Waste Accounting and Waste Cadastre Reporting
The Law introduces or clarifies obligations relating to regular waste accounting.
Operators are required to keep records of waste generated in the course of their activities, including the type, quantity and properties of such waste. The form and procedure for completing such records are to be determined by the authorised environmental authority.
The Law also changes the waste cadastre reporting process. Waste-related reporting is moving towards electronic submission through the National Data Bank on the State of the Environment and Natural Resources, with reporting to be submitted on a semi-annual basis.
Hazardous Waste Licences
The Law includes transitional provisions for businesses engaged in hazardous waste activities.
Businesses carrying out recovery, neutralisation and/or disposal of hazardous waste, as well as collection and transportation of hazardous waste, must bring their activities into compliance with the qualification requirements for the relevant licence sub-type by 31 December 2027.
If the relevant business does not comply with the qualification requirements, or does not voluntarily apply to discontinue the relevant activity before 1 January 2028, the authorised environmental authority may refuse to reissue the licence or notify the business of termination of the licence or notification.
Extended Producer Responsibility
The Law also amends aspects of the extended producer and importer responsibility regime.
Until 1 January 2028, fulfilment of extended producer responsibility through a producer’s or importer’s own system for collection, transportation, preparation for reuse, sorting, treatment, recycling, neutralisation and/or utilisation of waste is confirmed if the producer or importer processes waste in Kazakhstan in an amount of at least 30 per cent of the mass of products sold or imported in the relevant reporting half-year.
Environmental Impact Assessment and Permitting
The Law also introduces certain amendments that may simplify or shorten environmental procedures in specific cases.
For example, environmental impact assessment is no longer required for certain activities carried out under technical project documents during hydrocarbon exploration, except for offshore exploration.
The Law also provides for shortened timelines for certain environmental procedures and permitting processes for investment contracts, investment agreements and strategically important projects meeting the applicable statutory criteria.
At the same time, public participation remains relevant. In certain cases, comments and proposals submitted after the standard period may still need to be considered.
Best Available Techniques
The Law expands the areas for which best available techniques may be developed or applied.
The amendments refer to several additional areas, including production of asbestos and asbestos products, cattle breeding, extraction and processing of common minerals, monitoring of emissions into air and water bodies, energy efficiency, extraction and processing of uranium ores and certain waste-related activities.
Voluntary Carbon Markets and Article 6 of the Paris Agreement
The Law introduces provisions relating to market mechanisms under Article 6 of the Paris Agreement and voluntary carbon market activities.
These provisions are expected to become relevant from 1 January 2030.
Participation is voluntary, but the Law links project approval to Kazakhstan’s nationally determined contribution. A portion of emission reductions or removals generated by the relevant project must be credited towards Kazakhstan’s national contribution.
The Law also restricts the use of these mechanisms in relation to quotable greenhouse gas emissions at quotable installations.
In conclusion, the amendments represent a further development of Kazakhstan’s environmental regulatory framework, with a greater emphasis on digital reporting, risk-based supervision and the alignment of regulatory requirements with the environmental significance of individual facilities.
For businesses, the practical impact will depend largely on the category of the facility, the nature of the activities performed and the existing compliance framework. Operators should therefore assess whether their current permits, reporting procedures, waste management arrangements and internal environmental controls remain consistent with the amended requirements.
Disclaimer
This legal alert provides a summary of selected key amendments introduced by the Law and is intended for general informational purposes only. It does not constitute an exhaustive analysis of all changes introduced by the Law or all potential implications for specific businesses, industries or projects.