Unofficial translation
Chapter 1. GENERAL PROVISIONS
Article 1. Basic Concepts Used in This Law
The following basic concepts are used in this Law:
1) safety barrier – packaging of radioactive waste, an engineered structure of radioactive waste storage points, radioactive waste disposal points, radioactive waste storage facilities, radioactive waste tailings ponds, or an element of a natural geological formation that prevents the spread of radionuclides and (or) ionizing radiation into the environment;
2) radioactive waste – materials and substances, articles and equipment, as well as rocks, ores and waste extracted from the subsoil and stockpiled in dumps and tailings ponds, containing radionuclides above the exemption level established by the legislation of the Republic of Kazakhstan, the further use of which is not envisaged;
3) conditioning of radioactive waste – technological operations to bring radioactive waste into a physical form and condition that meet the acceptance criteria for the disposal of radioactive waste;
4) disposal of radioactive waste (hereinafter – disposal) – safe emplacement of radioactive waste in a radioactive waste disposal point without the intention of its subsequent retrieval;
5) radioactive waste disposal point (hereinafter – disposal point) – a radioactive waste management facility intended for the emplacement of radioactive waste without the intention of its subsequent retrieval;
6) acceptance criteria for the disposal of radioactive waste (hereinafter – acceptance criteria) – requirements for the physical and chemical properties of radioactive waste established for its disposal;
7) processing of radioactive waste – technological operations for decontamination (extraction of removable radionuclides) and (or) minimization of volume, and (or) alteration of the characteristics of radioactive waste for subsequent safe management;
8) storage of radioactive waste (hereinafter – storage) – safe emplacement of radioactive waste in a radioactive waste storage point, radioactive waste storage facility or tailings pond, providing for the possibility of its subsequent retrieval for further management;
9) radioactive waste storage facility (hereinafter – storage facility) – a radioactive waste management facility (including a designated site) intended for interim storage for a period established by the design documentation, providing for the subsequent retrieval of the waste for further management;
10) radioactive waste storage point (hereinafter – storage point) – a radioactive waste management facility intended for the temporary emplacement of radioactive waste for a period established by the design documentation, with the provision of the possibility of its subsequent retrieval for further management;
11) radioactive waste generators – individuals or legal entities whose activities generate radioactive waste;
12) radioactive waste tailings pond (hereinafter – tailings pond) – a radioactive waste management facility intended for the long-term emplacement of radioactive waste generated during the processing of mineral raw materials and mining operations (tailings and dumps), with the possibility of its subsequent retrieval for further management;
13) potential hazard period of radioactive waste – the period of time during which the specific activity of the radioactive waste decreases to levels at which radiation control is not required;
14) radioactive waste management – types of activities related to the collection, processing, conditioning, transportation, storage and disposal of radioactive waste;
15) national operator for radioactive waste management (hereinafter – national operator) – a legal entity vested with authority for the disposal of radioactive waste, as well as performing other functions in accordance with this Law;
16) physical protection in the field of radioactive waste management (hereinafter – physical protection) – a set of organizational, engineering and technical measures implemented to prevent unauthorized actions in relation to radioactive waste and radioactive waste management facilities;
17) radioactive waste management facilities – special installations (or complexes) and other engineered structures intended for the processing, conditioning, transportation, storage and (or) disposal of radioactive waste;
18) decommissioning of a radioactive waste management facility – a stage in the life cycle of a radioactive waste management facility, with the exception of storage facilities and disposal points, aimed at bringing the facility into a condition that does not require the establishment of radiation safety restrictions and ensures the protection of the public and the environment;
19) life cycle of a radioactive waste management facility – the sequence of stages in the existence of a radioactive waste management facility, including its siting, engineering surveys, design, construction, commissioning, operation, decommissioning (closure), as well as post-operation monitoring and control, carried out to ensure nuclear, radiation, nuclear physical and environmental safety;
20) authorized body in the field of radioactive waste management (hereinafter – the authorized body) – the central state body exercising governance in the field of radioactive waste management;
21) historical radioactive waste – radioactive waste attributable to the nuclear legacy, generated before 1992 and having no owner.
Article 2. Legislation of the Republic of Kazakhstan in the field of radioactive waste management
1. The legislation of the Republic of Kazakhstan in the field of radioactive waste management is based on the Constitution of the Republic of Kazakhstan and consists of the Environmental Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On the Use of Atomic Energy", this Law and other regulatory legal acts, and international treaty obligations of the Republic of Kazakhstan.
2. The procedure for the operation of international treaties on the territory of the Republic of Kazakhstan shall be determined by laws.
Article 3. Objects and subjects in the field of radioactive waste management
1. The objects in the field of radioactive waste management are:
1) radioactive waste;
2) storage facilities;
3) tailings ponds;
4) storage points;
5) disposal points;
6) installations for the processing and (or) conditioning of radioactive waste;
7) other objects used in the process of radioactive waste management.
2. The subjects in the field of radioactive waste management are:
1) individuals and legal entities engaged in radioactive waste management;
2) central state bodies and local state government bodies.
Article 4. Types of activities in the field of radioactive waste management
This Law applies to the following types of activities in the field of radioactive waste management:
1) stages of the life cycle of radioactive waste management facilities, including their siting, construction, commissioning, operation, decommissioning and closure, as well as post-operation monitoring and control carried out to ensure nuclear, radiation and environmental safety;
2) radioactive waste management, as well as the transfer and acceptance of radioactive waste;
3) performance of works and provision of services in the field of radioactive waste management, including the conduct of scientific research, design, development, engineering and expert works, manufacturing, supply and maintenance of equipment, implementation of radiation control, ensuring physical protection, maintaining the inventory and control of radioactive waste, training, instruction and certification of personnel, as well as other works and services affecting nuclear and radiation safety;
4) other types of activities in the field of radioactive waste management.
Chapter 2. STATE REGULATION IN THE FIELD OF RADIOACTIVE WASTE MANAGEMENT
Article 5. Main goal, objectives and principles of the state regulation the field of radioactive waste management
1. The main goal of state regulation in the field of radioactive waste management shall be to ensure nuclear, radiation, nuclear physical and environmental safety, to protect the life and health of present and future generations from radiation exposure and to protect the environment from radioactive contamination during radioactive waste management.
2. The main objectives of state regulation in the field of radioactive waste management shall be:
1) establishment of an effective system of state administration in the field of radioactive waste management;
2) fulfillment of the state's obligations to ensure radiation safety;
3) organisation of effective management and control in the field of radioactive waste management;
4) organisation of an effective system for the management of all types of radioactive waste;
5) optimisation of areas used for radioactive waste management;
6) ensuring access to information related to ensuring radiation safety;
7) ensuring timely placement of radioactive waste for safe storage and disposal;
8) ensuring fulfillment of the international obligations of the Republic of Kazakhstan in the field of nuclear and radiation safety guarantees and radioactive waste management.
3. The main principles of state regulation in the field of radioactive waste management shall be:
1) the principle of safety – priority of protecting the life and health of personnel, the public and the environment over all other aspects of activities related to radioactive waste management;
2) the principle of responsibility – responsibility of entities engaged in radioactive waste management for ensuring safety during radioactive waste management;
3) the principle of minimisation – limiting the generation and accumulation of radioactive waste to the minimum practically achievable level;
4) the principle of optimisation – reducing the impact of radioactive waste during its management to a level as low as reasonably achievable, taking into account economic and social factors;
5) the principle of intergenerational equity – protecting future generations from the unjustified shifting by the present generation of the burden associated with the need to ensure safety during radioactive waste management in the future;
6) the principle of responsibility of the radioactive waste generator – the obligation of the radioactive waste generator to ensure financing of works on safe management, storage and disposal in accordance with the legislation of the Republic of Kazakhstan.
Article 6. The competence of the Government of the Republic of Kazakhstan in the field of radioactive waste management
The Government of the Republic of Kazakhstan in the field of radioactive waste management shall:
1) develop the main directions of state policy in the field of radioactive waste management and organise their implementation;
2) adopt a decision on the siting area for disposal facilities and their construction;
3) adopt a decision on the reclassification of a storage facility for legacy radioactive waste into a disposal facility;
4) adopt a decision on the early closure or closure of disposal facilities;
5) approve the rules for selecting the siting area for disposal facilities;
6) perform other functions assigned to it by the Constitution of the Republic of Kazakhstan, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Article 7. The competence of state bodies in the field of radioactive waste management
1. The authorised body, within its competence, in the field of radioactive waste management shall:
1) exercise strategic, regulatory, implementation and control-and-supervision functions;
2) on the basis of and in execution of the main directions of the domestic and foreign policy of the state determined by the President of the Republic of Kazakhstan, and the main directions of the socio-economic policy of the state, its defence capability, security, and ensuring public order, developed by the Government of the Republic of Kazakhstan, formulate state policy in the field of radioactive waste management in accordance with the legislation of the Republic of Kazakhstan;
3) develop and approve regulatory legal acts, technical regulations, and normative-technical documents in the field of radioactive waste management in accordance with the main goal, objectives and principles established by this Law;
4) designate the national operator and approve the regulation thereon;
5) determine the procedure, mechanism and sources of financing for the activities of the national operator;
6) carry out international cooperation in the field of radioactive waste management;
7) submit to the Government of the Republic of Kazakhstan proposals on:
the siting area for disposal facilities and their construction;
the reclassification of a storage facility for legacy radioactive waste into a disposal facility;
the early closure or closure of disposal facilities;
8) carry out intersectoral coordination in the field of radioactive waste management;
9) develop and approve acceptance criteria;
10) develop and approve rules for the accounting for and control of radioactive waste;
11) develop and approve rules for ensuring safety during the siting, construction, operation, decommissioning or closure of tailings impoundments, storage facilities or disposal facilities;
12) develop and approve rules for the collection, transportation, storage and disposal;
13) develop and approve rules for the preparation and submission of safety analysis reports for storage facilities and disposal facilities;
14) develop and approve rules for the physical protection of radioactive waste and radioactive waste management facilities, including their transportation;
15) develop and approve rules for the transfer of radioactive waste for disposal and rules for disposal;
16) develop rules for selecting the siting area for disposal facilities;
17) develop and approve rules for the monitoring of closed disposal facilities;
18) exercise state control and supervision over activities related to radioactive waste management;
19) maintain the cadastre of radioactive waste management facilities;
20) conduct certification of the personnel of organisations carrying out radioactive waste management activities, in accordance with the legislation of the Republic of Kazakhstan;
21) exercise other powers provided for by this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. The authorised body in the field of environmental protection, within the competence established by the environmental legislation of the Republic of Kazakhstan, shall:
1) organise and conduct the state environmental expert review and environmental assessment of radioactive waste management facilities in the cases and in accordance with the procedure provided for by the environmental legislation of the Republic of Kazakhstan;
2) issue environmental permits in respect of radioactive waste management facilities;
3) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
3. The state body in the sphere of sanitary-epidemiological welfare of the population, within the competence established by the legislation of the Republic of Kazakhstan, shall:
1) organise and exercise state sanitary-epidemiological control and supervision over compliance with the requirements of sanitary rules and hygienic standards in the field of radioactive waste management;
2) exercise other powers provided for by this Law and other legislation of the Republic of Kazakhstan.
Article 8. The competence of local executive bodies in the field of radioactive waste management
Local executive bodies, within the competence established by the legislation of the Republic of Kazakhstan in the field of radioactive waste management shall:
1) carry out, with the involvement of state bodies and (or) their subordinate organizations, the monitoring of closed disposal sites in accordance with the rules for monitoring closed disposal sites;
2) participate in the implementation of measures to ensure radiation safety and environmental protection at radioactive waste management facilities;
3) organize public discussions and public awareness-raising on issues of siting, construction, operation, and closure of radioactive waste management facilities;
4) organize work on the management of historical radioactive waste, the elimination of radioactive contamination, and also the ensuring of safety and rehabilitation of nuclear legacy facilities;
5) organize work on the management of historical radioactive waste, the elimination of radioactive contamination, and also the ensuring of safety and rehabilitation of nuclear legacy facilities.
Article 9. Licensing of the activities in the field of radioactive waste management
1. Licensing of activities in the field of radioactive waste management shall be carried out in accordance with the legislation of the Republic of Kazakhstan in the field of atomic energy use, as well as the legislation of the Republic of Kazakhstan on permits and notifications.
2. Licensing of activities in the field of radioactive waste management shall be carried out by the authorized body in the field of atomic energy use.
Article 10. State control and supervision of activities related to radioactive waste management
State control and supervision in the field of radioactive waste management shall be carried out in accordance with the Entrepreneur Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On the Use of Atomic Energy.
Article 11. State registration and control of radioactive waste
1. Radioactive waste shall be subject to state registration and control in accordance with this Law and the legislation of the Republic of Kazakhstan in the field of atomic energy use.
2. State registration and control of radioactive waste shall be maintained for the purpose of ensuring systematic and reliable recording of its generation, accumulation, storage, processing, transportation, and disposal, preventing its uncontrolled handling, as well as ensuring nuclear, radiation, nuclear physical, and environmental safety.
3. State registration and control of radioactive waste shall include:
1) maintenance of the register of radioactive waste;
2) maintenance of the cadastre of radioactive waste management facilities.
4. The organization and support of the functioning of the system of state registration and control of radioactive waste shall be carried out by the authorized body.
5. Maintenance of the register of radioactive waste shall be carried out by the authorized body.
6. The procedure for maintaining the register of radioactive waste and the procedure for maintaining the cadastre of radioactive waste management facilities shall be determined by the authorized body.
7. Primary registration of radioactive waste shall be carried out by the generators of radioactive waste.
In the event that it is impossible to identify the generator of radioactive waste, primary registration shall be carried out by local executive bodies at the location of such waste.
Article 12. Classification of radioactive waste
1. Classification of radioactive waste shall be carried out on the basis of its origin, physical state, specific activity (concentration), half-life of the radionuclides contained in the radioactive waste, as well as nuclear materials contained therein.
2. According to physical state, radioactive waste shall be subdivided into solid, liquid, and gaseous radioactive waste.
3. According to the level of specific activity (concentration), radioactive waste shall be subdivided into very low-level, low-level, intermediate-level, and high-level radioactive waste.
4. According to the half-life of the radionuclides contained in the radioactive waste, it shall be subdivided into very short-lived, short-lived, and long-lived radioactive waste.
5. According to the content of nuclear materials, radioactive waste shall be subdivided into radioactive waste containing nuclear materials and radioactive waste not containing nuclear materials.
6. The criteria and procedure for the classification of radioactive waste shall be approved by the authorized body. The classification of radioactive waste shall be used in determining the procedure for its management, the selection of technologies for processing, storage and (or) disposal.
Article 13. Reclassification of nuclear materials and radioactive substances into the category of radioactive waste
1. Reclassification of nuclear materials and (or) radioactive substances into the category of radioactive waste shall be carried out by their owners in coordination with the authorized body.
2. Reclassification of nuclear materials and (or) radioactive substances into the category of radioactive waste shall be carried out subject to the cumulative fulfillment of the following conditions:
1) exclusion of the subsequent return of radioactive waste transferred for storage, processing, and conditioning of radioactive waste into the technological process for the purpose of extracting nuclear materials and radioactive substances without conducting special organizational and technical measures;
2) conduct of measurements and calculations confirming the impossibility or inexpediency of their further use for their intended purpose;
3) fulfillment of the criteria for placing radioactive waste under state registration in accordance with the rules for the registration and control of radioactive waste.
3. The procedure for the reclassification of nuclear materials and (or) radioactive substances into the category of radioactive waste shall be determined by the authorized body.
Article 14. Categorization of radioactive waste management facilities
1. Categorization of radioactive waste management facilities shall be carried out according to the level of their potential radiation hazard to the population, personnel, and the environment in the event of a maximum possible radiation accident, taking into account the characteristics of radioactive waste determined in accordance with the classification established by the legislation of the Republic of Kazakhstan.
2. According to the level of potential radiation hazard, radioactive waste management facilities shall be subdivided into the following categories:
1) Category 1 – facilities at which, in the event of an accident, radiation impact on the population and the environment beyond their sanitary protection zone is possible;
2) Category 2 – facilities at which, in the event of an accident, radiation impact is limited to the territory of the sanitary protection zone;
3) Category 3 – facilities at which, in the event of an accident, radiation impact is limited to the site where the facility is located;
4) Category 4 – facilities at which, in the event of an accident, radiation impact is limited to the premises or the working zone where radioactive waste management operations are carried out, without the impact extending beyond their boundaries.
3. For existing facilities, the categories shall be established by the owner of the facility and shall be coordinated with the authorized body and the territorial subdivisions of the authorized state body in the field of sanitary and epidemiological welfare of the population.
4. Categories for new radioactive waste management facilities shall be established at the design stage in accordance with the legislation of the Republic of Kazakhstan in the field of atomic energy use and sanitary and epidemiological requirements for ensuring radiation safety, based on an analysis of the design documentation that includes scenarios of maximum radiation accidents.
Chapter 3. CONDITIONS AND PROCEDURE FOR CARRYING OUT ACTIVITIES IN THE FIELD OF RADIOACTIVE WASTE MANAGEMENT
Article 15. General conditions for carrying out activities in the field of radioactive waste management
1. Individuals and legal entities carrying out activities in the field of radioactive waste management shall be obliged to hold a license for the relevant type of activity in the sphere of atomic energy use.
2. Individuals and legal entities operating radioactive waste management facilities or carrying out operations with radioactive waste shall be obliged to:
1) ensure nuclear, radiation, nuclear physical, and environmental safety when handling radioactive waste and at radioactive waste management facilities;
2) develop, implement, and maintain quality assurance programs at all stages of the creation, operation, and decommissioning (closure) of radioactive waste management facilities;
3) conduct safety assessments of radioactive waste management facilities;
4) develop and implement measures for the prevention of accidents and mitigation of their consequences for personnel, the population, and the environment;
5) develop and implement measures for the localization and elimination of the consequences of accidents at radioactive waste management facilities;
6) carry out registration and control of radioactive waste in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of radioactive waste management;
7) ensure the training, maintenance, and enhancement of personnel qualifications;
8) ensure the formation and availability of financial resources necessary for the decommissioning (closure) of radioactive waste management facilities and the elimination of the consequences of accidents.
Article 16. Generators of radioactive waste
1. Generators of radioactive waste shall be obliged to:
1) carry out an assessment of the possibility of further use of materials, substances, equipment, and articles containing radionuclides, and in the event that their further use is impossible, classify such materials as radioactive waste in accordance with the criteria for classification as radioactive waste;
2) ensure safe handling of radioactive waste prior to its transfer to the national operator for disposal;
3) ensure that radioactive waste is brought into a condition acceptable for disposal in accordance with the acceptability criteria approved by the authorized body;
4) finance works on the management of radioactive waste, as well as on its transfer to the national operator for disposal;
5) transfer radioactive waste to the national operator, providing complete information necessary for its identification, registration, and confirmation of compliance with the acceptability criteria.
2. Generators of radioactive waste shall bear responsibility for ensuring the safe handling of radioactive waste prior to its transfer to the national operator.
3. Upon the termination of activities, generators of radioactive waste shall be obliged to:
1) notify the authorized body of the intention to terminate activities;
2) transfer all existing radioactive waste to storage and (or) disposal sites in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of radioactive waste management;
3) carry out works on the decontamination of equipment, buildings, structures, and communications, the remediation of the territory, and the restoration of the environment.
Article 17. National operator for radioactive waste management
1. The National Operator shall have the exclusive right to:
1) carry out activities related to all stages of the life cycle of disposal sites and perform disposal operations on the territory of the Republic of Kazakhstan, except for cases provided for by the Law of the Republic of Kazakhstan “On the Semipalatinsk Nuclear Safety Zone” and this Law;
2) perform work on the elimination and (or) conservation [bringing into a safe, stable, and contained state for long-term management] of nuclear legacy facilities that are in state ownership or subject to transfer to state ownership in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
3) perform work on the elimination of the consequences of uranium mining and processing, as well as the conservation of facilities and structures contaminated with radioactive materials as a result of such activities, in cases provided for by the Code of the Republic of Kazakhstan “On Subsoil and Subsoil Use”, this Law, and other laws of the Republic of Kazakhstan.
2. When performing the works specified in subparagraph 2) and 3) of paragraph 1 of this article, remediation measures aimed at restoring the environment, reducing radiation risks, and ensuring the radiation safety of the population and territories shall be carried out in accordance with the design documentation.
3. The National Operator shall perform the following functions:
1) ensure the safe management of radioactive waste accepted for storage and (or) disposal;
2) determine the conformity of radioactive waste transferred to it for storage and (or) disposal with the declared data and acceptance criteria;
3) ensure the safe operation of radioactive waste management facilities under its jurisdiction;
4) carry out the operation, maintenance, reconstruction, closure, and post-closure monitoring of disposal sites under its jurisdiction;
5) develop and implement quality assurance programmes for radioactive waste management within the scope of its activities;
6) submit proposals to the authorized body on the development of infrastructure for radioactive waste management;
7) conduct research and development work related to the safety of siting and operation of radioactive waste management facilities;
8) accept radioactive waste for storage and (or) disposal on a reimbursable basis in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
9) ensure radiation monitoring and monitoring of the territory where disposal sites are located;
10) ensure the informing of state bodies and the population about the radiation situation on the territories where disposal sites under its jurisdiction are located, in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
11) carry out work on the elimination of the consequences of the activities of nuclear legacy facilities, including the conduct of remediation measures aimed at restoring the environment and ensuring the radiation safety of the population and territories;
12) carry out other types of activities in accordance with the legislation of the Republic of Kazakhstan.
4. The National Operator shall have the right to:
1) request and receive from radioactive waste generators and organizations performing work in the field of radioactive waste management information to the extent necessary and sufficient for the performance of the functions assigned to it;
2) submit proposals to the authorized body on improving regulatory legal acts on safety in the field of radioactive waste management;
3) conclude contracts for the performance of work and provision of services on radioactive waste management within its competence;
4) refuse to accept radioactive waste for disposal in the event of revealing their non-compliance with the waste acceptance criteria;
5) engage specialized organizations holding appropriate licences in the field of atomic energy use to perform individual works;
6) exercise other rights necessary for achieving the main goals and objectives established by this Law, in accordance with the legislation of the Republic of Kazakhstan.
Article 18. The transfer of radioactive waste to the National Operator for disposal
1. The transfer of radioactive waste to the National Operator shall be carried out in accordance with the procedure established by the authorized body.
2. Radioactive waste shall become the property of the National Operator after confirmation of its compliance with the waste acceptance criteria and from the moment of signing the radioactive waste acceptance-transfer act.
3. Prior to the transfer of radioactive waste to the National Operator, the radioactive waste generator or a specialized organization engaged by it and holding an appropriate licence in the field of atomic energy use shall carry out the conditioning of the radioactive waste.
4. The transfer of ownerless radioactive waste shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
5. The placement of ownerless radioactive waste for disposal shall be carried out at the expense of budgetary funds in the cases and in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.
Article 19. Financing of the activities in radioactive waste management
1. Financing of radioactive waste management activities shall be carried out by the radioactive waste generators or their legal successors at their own expense.
2. Financing of the activities of the National Operator shall be carried out at the expense of:
1) remuneration for services rendered and works performed in the field of radioactive waste management;
2) funds allocated by subsoil users as financing of research, development work and (or) elimination of the consequences of subsoil use;
3) budgetary funds in accordance with the budget legislation of the Republic of Kazakhstan;
4) other sources not prohibited by the laws of the Republic of Kazakhstan.
3. Financing of radioactive waste management activities shall be carried out at the expense of budgetary funds in the following cases concerning:
1) management of radioactive waste generated and (or) accumulated in organizations that are in republican or communal ownership;
2) management of ownerless spent sealed radionuclide sources and (or) ownerless accumulated radioactive waste;
3) management of historical radioactive waste and historical radioactive contamination sites that are in republican or communal ownership and (or) the owner of which has not been established;
4) decommissioning of radioactive waste management facilities that are in republican or communal ownership;
5) carrying out other radioactive waste management activities in cases provided for by the legislation of the Republic of Kazakhstan.
Article 20. Emergency preparedness and response
1. Individuals and legal entities carrying out activities in the field of radioactive waste management shall be obliged to develop, approve, and maintain up-to-date emergency preparedness and response plans in accordance with the legislation of the Republic of Kazakhstan in the field of atomic energy use and the legislation of the Republic of Kazakhstan on civil protection.
Emergency preparedness and response plans shall take into account the radiation hazard category of the radioactive waste management facility and contain the procedure for actions in the event of incidents and accidents, measures to eliminate their consequences, and measures to minimize radiation exposure to personnel, the population, and the environment.
2. Individuals and legal entities carrying out activities in the field of radioactive waste management shall be obliged to ensure the implementation of emergency preparedness and response measures during radioactive waste management.
3. Individuals and legal entities carrying out activities in the field of radioactive waste management shall be obliged to conduct personnel training, drills, and training exercises aimed at practising actions under emergency preparedness and response plans in accordance with the procedure determined by the authorized body.
4. In the event of an accident, individuals and legal entities carrying out activities in the field of radioactive waste management shall be obliged to immediately take measures to localize it, notify the authorized body and civil protection authorities, and also perform other actions in accordance with the legislation of the Republic of Kazakhstan.
Article 21. Physical protection of radioactive waste and radioactive waste facilities
1. Individuals and legal entities, when managing radioactive waste, shall ensure its physical protection.
2. Ensuring the physical protection of radioactive waste and radioactive waste management facilities shall be carried out at all stages of the life cycle of such facilities, as well as during the management of radioactive waste, including its transportation.
3. For the purposes of ensuring the physical protection of radioactive waste and radioactive waste management facilities, the establishment of an organizational structure, the development of internal documents, the equipping with engineering and technical means of physical protection shall be carried out, and the availability of guard and response forces for protection against unauthorized actions shall be ensured.
Article 22. Conditions for the import into and export from the country of radioactive waste
1. The import into the Republic of Kazakhstan of radioactive waste for its storage, processing, conditioning, or disposal shall be prohibited, except for cases of the return of radioactive waste generated as a result of the processing or conditioning of radioactive waste generated in the Republic of Kazakhstan and sent outside the Republic of Kazakhstan for processing.
2. The import into the territory of the Republic of Kazakhstan of radioactive waste generated during the reprocessing of spent nuclear fuel sent from the Republic of Kazakhstan abroad shall be permitted, if this is provided for by an international treaty of the Republic of Kazakhstan.
3. The export of radioactive waste from the Republic of Kazakhstan shall be allowed only in the cases and in accordance with the procedure provided for by international treaties of the Republic of Kazakhstan.
4. The procedure for the import and export of radioactive waste shall be determined by the legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.
Article 23. Transboundary movements of radioactive waste
1. Transboundary movements of radioactive waste shall be carried out in accordance with the legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.
2. Transboundary movement of radioactive waste shall be permitted subject to compliance with the following conditions:
1) the existence of prior written notification and receipt of consent from the State of destination;
2) receipt of consent from the States of transit when moving through their territories;
3) implementation of the movement in coordination with the authorized body;
4) compliance with the requirements of international treaties for the safe transport of radioactive waste, including requirements for packages, means of transport, routes, and conditions of transportation.
3. The dispatch of spent nuclear fuel or radioactive waste for storage or disposal to a destination south of 60 degrees south latitude shall be prohibited.
4. The procedure for transboundary movement of radioactive waste shall be determined by the authorized body.
Article 24. Registration of radioactive waste, as well as radioactive waste management facilities
1. Registration of radioactive waste and radioactive waste management facilities shall include the entry and updating of documented information in the Register of Radioactive Waste and the Cadastre of Radioactive Waste Management Facilities.
2. Registration of radioactive waste and radioactive waste management facilities shall be carried out for the purposes of the formation, maintenance, and functioning of the state system for the accounting of radioactive waste.
3. The Register of Radioactive Waste shall contain documented information on radioactive waste, including its characteristics, quantity, location, as well as information on subjects of radioactive waste management, based on primary accounting data.
4. The Cadastre of Radioactive Waste Management Facilities shall contain documented information on disposal sites, storage facilities, tailings storage facilities, storage points, and installations for the processing and (or) conditioning of radioactive waste, in accordance with the procedure for its maintenance.
5. A radioactive waste passport shall be drawn up for radioactive waste that has been brought into compliance with the acceptance criteria.
A radioactive waste passport shall be drawn up for each package of radioactive waste by the organization that carried out its conditioning, except for cases provided for by this Law.
Requirements for the content, form, and procedure for drawing up a radioactive waste passport shall be approved by the authorized body.
6. The storage of the Register of Radioactive Waste, the Cadastre of Radioactive Waste Management Facilities, and the radioactive waste passport shall be carried out in accordance with the legislation of the Republic of Kazakhstan on the National Archive Fund and Archives.
Chapter 4. RADIOACTIVE WASTE MANAGEMENT
Article 25. Collection, processing, and conditioning of radioactive waste
1. The collection, processing, and conditioning of radioactive waste shall be carried out for the purposes of bringing it into a form and condition that meet the established waste acceptance criteria for transportation, storage, and (or) disposal.
Radioactive waste shall be subject to collection from the moment of its generation in a manner ensuring the exclusion of its uncontrolled accumulation and dissemination.
2. The collection, processing, and conditioning of radioactive waste shall be carried out taking into account its classification and characteristics, using technologies and methods that ensure radiation protection of the population and the environment.
3. During the collection, processing, and conditioning of radioactive waste, the following shall be ensured:
1) radiation control;
2) accounting for and control of radioactive waste;
3) prevention of the dissemination of radionuclides into the environment;
4) minimization of the generation of secondary radioactive waste and its volume;
5) measures for the prevention and elimination of emergency situations;
6) physical protection.
4. Packages of radioactive waste intended for transportation, storage, and (or) disposal must comply with the safety and long-term stability requirements established by the authorized body and shall be subject to mandatory passportization.
5. Technological operations for the collection, processing, and conditioning of radioactive waste shall be carried out in accordance with quality assurance programmes.
Article 26. Storage of radioactive waste
1. Storage of radioactive waste shall be carried out for the purposes of its technological holding for the reduction of the level of radioactivity, as well as accumulation for subsequent processing, conditioning, transportation, or disposal.
2. Storage shall be carried out as temporary or long-term depending on the characteristics of the radioactive waste and design solutions.
3. The periods and conditions of storage shall be determined by the design documentation with due regard to their classification and must ensure the safety of personnel, the population, and the environment throughout the entire storage period. Extension of the said periods shall be permitted only where there is a safety justification agreed upon with the authorized body, and corresponding amendments have been made to the design documentation and (or) the terms of the licence.
4. Storage shall be permitted only in storage facilities, storage points, and tailings storage facilities.
5. Radioactive waste brought into a form and condition ensuring its safe storage and the possibility of its subsequent management shall be subject to storage.
6. During storage, the following shall be ensured:
1) continuous radiation monitoring;
2) control over the condition of safety systems;
3) accounting for and control of radioactive waste;
4) measures for the prevention and elimination of emergency situations;
5) physical protection;
6) exclusion of the possibility of spontaneous nuclear chain reactions and prevention of excessive heat generation;
7) consideration and assessment of biological, chemical, and other risks.
7. Storage must ensure the technical possibility of subsequent retrieval, processing, transportation, or disposal of radioactive waste.
8. Responsibility for ensuring the safety of storage shall be borne by individuals and legal entities carrying out activities in the field of radioactive waste management.
9. Storage shall not be used as a substitute for the disposal of radioactive waste.
Article 27. Transportation of radioactive waste
1. Transportation of radioactive waste may be carried out by individuals or legal entities holding the appropriate licences issued by the authorized body in the field of atomic energy use.
2. Transportation of radioactive waste shall be carried out in compliance with the requirements of the regulatory legal acts of the authorized body, including requirements for packages (transport containers), marking, vehicles, routes, and the ensuring of physical protection and radiation safety.
3. The conditions and regime for the transportation of radioactive waste by air, rail, water, or road transport shall be coordinated with the relevant services of the Republic of Kazakhstan.
4. The consignor, carrier, and consignee, when transporting radioactive waste, shall be obliged to ensure nuclear and radiation safety and physical protection, as well as to carry out measures for the prevention of incidents and accidents, their localization, and the minimization of consequences.
5. In the event of a radiation accident resulting from a road traffic accident during the transportation of radioactive waste, responsibility for its elimination, as well as the protection of personnel, the population, the natural environment, and material assets, shall be imposed on the consignor, unless otherwise provided for by the transportation agreement.
Article 28. Disposal of radioactive waste
1. Disposal shall be carried out for the purpose of ensuring the long-term isolation of radioactive waste, preventing its impact on the population and the environment, without the intention of subsequent retrieval..
2. Disposal shall be permitted only at disposal sites.
3. Disposal sites must ensure the isolation of radioactive waste on the basis of a system of safety barriers ensuring the isolation of radioactive waste for the entire period of its potential hazard.
4. Radioactive waste brought into a form and condition conforming to the established waste acceptance criteria shall be subject to disposal.
5. During disposal, the following shall be ensured:
1) radiation monitoring;
2) control over the condition of safety barriers;
3) accounting for and control of radioactive waste;;
4) measures for the prevention and elimination of emergency situations;
5) physical protection of disposal sites;
6) exclusion of the possibility of spontaneous nuclear chain reactions and excessive heat generation;
7) keeping and preservation of documentation on the location, design, and composition of the disposed radioactive waste.
6. After the closure of a disposal site, measures shall be ensured for the long-term control and monitoring of its condition within the scope established by the design documentation and the terms of the licence.
7. Disposal shall be carried out with due regard to the need to minimize the generation of radioactive waste and the volume thereof subject to disposal.
Article 29. Management of historical radioactive waste and nuclear legacy facilities
1. Owners and other legal possessors of nuclear legacy facilities, as well as of land plots and other facilities within the boundaries of which nuclear legacy facilities have been identified, shall be obliged, within the limits of their rights and obligations, to take measures to ensure radiation safety, to prevent unauthorized access to such facilities, to provide necessary information, and to ensure access for the conduct of inspection, condition assessment, accounting, rehabilitation, elimination, and (or) conservation of such facilities.
2. The identification, accounting, assessment, and elimination of nuclear legacy facilities shall be carried out with due regard to the requirements of the legislation of the Republic of Kazakhstan.
3. The rules for the management of historical radioactive waste, as well as for the identification, inspection, condition assessment, accounting, rehabilitation, elimination, and (or) conservation of nuclear legacy facilities, shall be approved by the authorized body.
Article 30. Management of radioactive waste generated during uranium mining and processing
1. The National Company in the field of uranium shall have the right to carry out the disposal of very low-level radioactive waste in the form of radioactively contaminated soils generated during uranium mining and processing by the method of in-situ leaching and during the elimination of the consequences of such activity, at near-surface disposal sites, as well as to carry out activities related to the stages of the life cycle of such sites.
2. he works specified in paragraph 1 of this Article may be performed by a legal entity, ninety or more percent of the shares or participation interests in which directly or indirectly belong to the National Company in the field of uranium, where such legal entity holds the appropriate licence issued by the authorized body in the field of atomic energy use.
3. Responsibility for the safety of the near-surface disposal sites specified in paragraph 1 of this Article, when performing works related to the stages of their life cycle, including the period after their closure, shall be borne by the National Company in the field of uranium or the legal entity specified in paragraph 2 of this Article.
Chapter 5. LIFE CYCLE OF RADIOACTIVE WASTE MANAGEMENT FACILITIES
Article 31. Decisions on the siting area and on the construction of radioactive waste management facilities
1. The decision on the siting area of disposal sites and the decision on the construction of disposal sites shall be adopted by the Government of the Republic of Kazakhstan with the consent of the local representative bodies on whose territory the construction of disposal sites is planned, taking into account:
1) the need to ensure the safe management of radioactive waste;
2) the availability of the necessary conditions for the siting of disposal sites that meet the requirements of the legislation of the Republic of Kazakhstan in the field of radioactive waste management;
3) the absence of a safety threat to disposal sites from civilian and military facilities located nearby;
4) the requirements established by the environmental legislation of the Republic of Kazakhstan;
5) the possible social and economic consequences of the siting of the said sites for the industrial, agricultural, and social development of the region.
2. Individuals and legal entities carrying out activities in the field of radioactive waste management shall adopt decisions on the siting and (or) construction of storage points, tailings ponds, and installations for the processing of radioactive waste in coordination with the authorized body and local executive bodies.
3. Decisions on the siting of radioactive waste storage facilities that form part of atomic energy use facilities within the industrial sites of organizations (enterprises) shall be adopted in accordance with the regulatory legal acts of the authorized body.
4. Decisions on the siting and on the construction of radioactive waste management facilities shall be adopted in accordance with the legislation of the Republic of Kazakhstan in the field of atomic energy use, on architectural, urban planning, and construction activities of the Republic of Kazakhstan, and the environmental legislation of the Republic of Kazakhstan.
Article 32. Siting of radioactive waste management facilities
1. The selection of a site for radioactive waste management facilities shall be carried out within the siting area for radioactive waste management facilities determined in accordance with this Law.
2. The siting of radioactive waste management facilities shall be carried out in accordance with the land legislation of the Republic of Kazakhstan, the environmental legislation of the Republic of Kazakhstan, and the legislation of the Republic of Kazakhstan on architectural, urban planning, and construction activities.
3. The siting of radioactive waste management facilities shall not be permitted:
1) within the boundaries of residential development territories;
2) in specially protected natural areas;
3) in sanitary protection zones of water supply sources;
4) in zones of hazardous geological and hydrogeological processes and in other territories that do not ensure the safety of siting;
5) at testing ranges and in places where tests of armaments, military equipment, and other means of destruction are conducted.
4. When siting radioactive waste management facilities, the following shall be taken into account:
1) the impact of external natural phenomena and processes on the radioactive waste management facility;
2) the impact of external technogenic processes on the radioactive waste management facility;
3) the impact of the radioactive waste management facility on the population and the environment.
5. When selecting a land plot for the siting of radioactive waste management facilities, the characteristics of the geological environment shall be taken into account, including:
1) hydrogeological conditions;
2) the depth of groundwater occurrence;
3) the sorption properties of rocks;
4) the absence of active tectonic disturbances and other factors contributing to the migration of radionuclides.
6. The authorized body shall carry out an assessment of the conformity of the selected siting location for the radioactive waste management facility with nuclear and radiation safety requirements, conduct an expert review of the safety justification materials for the siting of the facility, and issue a conclusion. The siting of radioactive waste management facilities shall not be permitted in the absence of a positive conclusion of the authorized body.
7. In order to justify the selection of a site for a disposal facility, alternative options for the siting of the disposal facility shall be subject to mandatory consideration, with a comparative analysis of its safety being conducted.
8. Prior to the adoption of a decision on the site for a disposal facility, the reservation of land for conducting engineering surveys, environmental impact assessment, and other studies shall be permitted in accordance with the procedure established by the land legislation of the Republic of Kazakhstan
9. The results of the site selection for radioactive waste management facilities shall be formalized in the form of a report on the safety justification for the siting of the facility and shall be subject to agreement with the authorized body.
Article 33. Design and construction of radioactive waste management facilities
1. The design and construction of radioactive waste management facilities shall be carried out in accordance with the requirements of the environmental legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of atomic energy use, health care, on architectural, urban planning and construction activities, and this Law, taking into account the characteristics of the radioactive waste for the management of which the radioactive waste management facility is being constructed.
2. The design documentation shall contain:
1) solutions confirming safety justifications;
2) information on the sources of radioactive waste generation and other sources of radiation exposure, their quantitative and qualitative characteristics;
3) a description of the organizational structure of the facility and the system of operational radiation control;
4) calculations of dose loads on the population, including an assessment of the impact on critical groups of the population.
3. The design documentation shall determine:
1) methods and terms of storage and (or) disposal;
2) permissible volumes and characteristics of radioactive waste accepted by the facility;
3) requirements for safety barriers.
4. The design of radioactive waste management facilities shall be carried out taking into account their subsequent decommissioning, and for disposal sites – taking into account their subsequent closure, post-closure monitoring, and control.
5. The design documentation for tailings ponds, storage facilities, and disposal sites shall provide for measures for the restoration of disturbed lands.
6. The design documentation shall be subject to state environmental and sanitary-epidemiological expert reviews in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
7. The design of installations for the processing of radioactive waste shall be carried out taking into account the ensuring of nuclear, radiation, fire, and industrial safety, the minimization of radioactive waste generation, and the prevention of the uncontrolled spread of radioactive substances.
8. Design solutions shall provide for a system of safety barriers ensuring the isolation of radioactive waste and the prevention of its impact on the population and the environment.
9. Design solutions shall ensure the prevention of radionuclide migration beyond the boundaries of the radioactive waste management facility.
10. In the event of the identification of factors capable of affecting the safety of the facility, engineering and technical measures aimed at their compensation and risk reduction shall be provided for.
11. The construction of radioactive waste management facilities shall include the performance of construction and installation works and commissioning works, the implementation of design solutions, and the verification of the conformity of engineered safety barriers and safety systems with the design documentation.
12. A sanitary protection zone shall be established around radioactive waste management facilities, the boundaries of which shall be determined in accordance with the legislation of the Republic of Kazakhstan in the field of health care.
13. The construction of radioactive waste management facilities shall be carried out by organizations holding appropriate licences, in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
14. During the construction of radioactive waste management facilities, the following shall be ensured:
1) the performance of works in accordance with the approved design documentation;
2) compliance with quality assurance programmes;
3) the maintenance of as-built documentation and the recording of all changes to design solutions;
4) quality control of engineered safety barriers, materials, and structural elements.
15. he authorized body shall exercise state control and supervision over compliance with nuclear and radiation safety requirements during the construction of radioactive waste management facilities.
16. The construction of radioactive waste management facilities shall be completed by the conduct of acceptance measures with the formalization of a conclusion on the conformity of the constructed radioactive waste management facility with the design documentation and the requirements of regulatory legal acts.
17. Changes to design solutions affecting the safety of a radioactive waste management facility shall be subject to mandatory approval by the authorized body.
18. The design documentation for a disposal site shall contain preliminary solutions for its closure, post-closure monitoring, and control, which shall be subject to refinement during operation, taking into account the results of safety assessments, monitoring, and changes in the requirements of the legislation of the Republic of Kazakhstan.
Article 34. Commissioning and operation of radioactive waste management facilities
1. Commissioning and operation of radioactive waste management facilities shall be carried out subject to the availability of an appropriate licence and documents provided for by the legislation of the Republic of Kazakhstan.
2. Prior to the commissioning of a radioactive waste management facility, the following shall be ensured:
1) testing of safety systems, engineered safety barriers, and process equipment;
2) trial run of the radioactive waste management facility;
3) measures to confirm the readiness of the radioactive waste management facility for safe operation to the extent established by the regulatory legal acts of the authorized body.
3. Commissioning of a radioactive waste management facility shall be permitted subject to the availability of:
1) a positive conclusion of the authorized body on the readiness of the radioactive waste management facility for operation;
2) approved operational regulations, quality assurance programmes, and documents on radiation, nuclear, technical, and environmental safety;
3) trained and certified personnel admitted to work in accordance with the procedure established by the legislation in the field of atomic energy use;
4) eliminated observations identified as a result of inspections and acceptance tests.
4. Operation of radioactive waste management facilities shall be carried out in accordance with the approved operational regulations, quality assurance programmes, and documents on radiation, nuclear, technical, and environmental safety.
5. During the operation of radioactive waste management facilities, the following shall be ensured:
1) radiation control;
2) control over the condition of engineered safety barriers;
3) prevention of leaks and releases of radioactive substances;
4) accounting for and monitoring of the condition of the facility;
5) conduct of periodic safety assessment.
6. At the operation stage of radioactive waste management facilities, a periodic safety assessment and environmental assessment shall be conducted for the purpose of confirming the compliance of the radioactive waste management facility with the requirements of the legislation of the Republic of Kazakhstan, regulatory legal acts, and design documentation.
7. For storage facilities, tailings ponds, and disposal sites for radioactive waste designed for a long service life, a long-term safety assessment shall be performed to the extent and with the periodicity established by the regulatory legal acts of the authorized body.
8. Based on the results of the periodic safety assessment and environmental assessment, measures aimed at eliminating the identified non-compliances and ensuring the further safe operation of the radioactive waste management facility shall be developed and implemented.
9. In the event of a radiation or other accident during the operation of a radioactive waste management facility, natural and legal persons carrying out activities in the field of radioactive waste management shall immediately take measures to localize and eliminate its consequences and notify state bodies in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
10. Individuals and legal entities carrying out activities in the field of radioactive waste management shall ensure the documenting of the commissioning of a radioactive waste management facility, including acceptance test materials, safety system readiness reports, and documents on the admission of the facility to operation, in accordance with the procedure established by the authorized body.
11. Operation of radioactive waste management facilities shall be carried out within the parameters and limits established by the design documentation and licence conditions.
Article 35. Decommissioning of radioactive waste management facilities and closure of radioactive waste disposal sites
1. The decision to decommission a radioactive waste management facility, with the exception of disposal sites, shall be taken by the natural and legal persons carrying out activities in the field of radioactive waste management, with notification of the authorized body.
2. The decommissioning of radioactive waste management facilities shall be carried out by natural and legal persons holding the appropriate license issued by the authorized body in the field of atomic energy use.
3. During the decommissioning of radioactive waste management facilities, work shall be carried out to eliminate the impact of the generated radioactive waste on the population and the environment.
4. The decommissioning of radioactive waste management facilities shall be carried out on the basis of a decommissioning plan developed in accordance with the legislation of the Republic of Kazakhstan in the field of radioactive waste management and agreed upon with the authorized body.
5. Upon completion of the decommissioning of a radioactive waste management facility, the person that carried out the decommissioning shall draw up a statement on the completion of decommissioning works.
The said document shall contain information on the works carried out, management of the generated radioactive waste, results of radiation monitoring, the achieved final state of the radioactive waste management facility and its siting area, as well as confirmation of the compliance of such state with radiation safety requirements.
The statement on the completion of works shall be sent to the authorized body for obtaining a conclusion on the completion of decommissioning of the radioactive waste management facility.
6. The decision to close a disposal site shall be taken by the Government of the Republic of Kazakhstan upon the recommendation of the authorized body, agreed upon with the authorized bodies in the field of sanitary and epidemiological welfare of the population and environmental protection.
7. A preliminary plan for the closure of a disposal site shall be developed at the design stage of the facility and shall be updated during operation taking into account the results of monitoring, changes in safety requirements, technological solutions, and cost estimates of the works.
8. The plan for the closure of a disposal site shall be developed in accordance with the legislation of the Republic of Kazakhstan in the field of radioactive waste management and shall be subject to agreement with the authorized body.
9. After the closure of a disposal site, the legal entities or the national operator responsible for the disposal site shall carry out its post-operational radiation monitoring and take measures to prevent unauthorized access in accordance with the closure plan.
10. Upon completion of the post-operational monitoring phase, responsibility for ensuring the long-term safety of the closed disposal site shall be transferred to the local executive body on whose territory the facility is located.
11. The legal entities or the national operator responsible for the disposal site shall ensure the preservation of documentation characterizing the disposal site, including information on the composition and volumes of disposed waste, engineered safety barriers, closure reports, and materials of post-operational monitoring.
12. Documentation characterizing a decommissioned radioactive waste management facility or a closed disposal site, including information on its final state and that of its siting area, the composition and volume of radioactive waste, safety barriers, results of radiation monitoring, closure, and post-operational monitoring, shall be subject to storage and transfer in accordance with the procedure determined by the authorized body.
Chapter 6. RIGHTS OF INDIVIDUALS AND LEGAL ENTITIES IN THE FIELD OF RADIOACTIVE WASTE MANAGEMENT
Article 36. Rights of individuals and legal entities in the field of radioactive waste management
Individuals and legal entities in the field of radioactive waste management shall have the right to:
1) receive complete and reliable information on the radiation situation in the area where radioactive waste is stored or disposed of, or where management thereof is carried out, including information on radiation accidents, in accordance with the laws of the Republic of Kazakhstan;
2) apply to a court to challenge the legality of actions (inaction) and decisions of state bodies, local self-government bodies, officials, and civil servants, as well as to protect property and non-property benefits and rights violated as a result of non-compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of radioactive waste management;
3) exercise other rights in accordance with the laws of the Republic of Kazakhstan.
Article 37. Rights of public associations and other non-profit organizations in resolving issues related to radioactive waste management
Public associations and other non-profit organizations, in addition to the rights provided for in Article 36 of this Law, shall also have the right to:
1) participate in public hearings and discussions when decisions are made on the construction of disposal sites in cases provided for by the legislation of the Republic of Kazakhstan;
2) nform and consult the public on possible radiation risks associated with radioactive waste management facilities.
Chapter 7. INTERNATIONAL COOPERATIONIN THE FIELD OF RADIOACTIVE WASTE MANAGEMENT
Article 38. Purpose and legal basis for the implementation of international cooperation in the field of radioactive wast
1. The Republic of Kazakhstan shall carry out international cooperation in the field of radioactive waste management for the purpose of mutual assistance and exchange of experience with other states, international organizations, and scientific institutions carrying out activities in the field of radioactive waste management.
2. The legal basis for international cooperation in the field of radioactive waste management shall be the norms of international treaties of the Republic of Kazakhstan.
Article 39. International cooperation in the field of radioactive waste management
International cooperation in the field of radioactive waste management shall be carried out in the following areas:
1) utilization of international experience in the creation and development of an effective national radioactive waste management system;
2) conduct of joint scientific research and experimental development works in the field of radioactive waste management, as well as the development of technologies aimed at reducing the volumes of their generation and enhancing the safety of their management;
3) participation in the creation and activities of international scientific information centers for radioecological monitoring, underground laboratories for studying the conditions for the disposal of high-level radioactive waste in deep geological formations, as well as other international projects in the said field;
4) exchange of information on incidents during radioactive waste management, including cases of possible transboundary transfer of radioactive substances, in accordance with the international treaty obligations of the Republic of Kazakhstan;
5) provision and receipt of international assistance to prevent, localize, or minimize the consequences of radioactive contamination resulting from incidents during radioactive waste management, in accordance with international treaties of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan.
Chapter 8. FINAL PROVISIONS
Article 40. Liability for violation of legislation in the field of radioactive waste management
Violation of the legislation of the Republic of Kazakhstan in the field of radioactive waste management shall entail liability established by the laws of the Republic of Kazakhstan.
Article 41. Procedure for the enactment of this Law
This Law shall enter into force upon the expiry of sixty calendar days after the day of its first official publication.
|
President of the Republic of Kazakhstan |
K. TOKAYEV |