Environmental issues are very important for every country. Therefore, environmental requirements have been introduced at the legislative level, which observance is obligatory for all enterprises. This mainly includes permits, the lack of which can make it impossible to perform certain activities or individual actions (environmental permits, state environmental expertise reports, and a number of other types of permits). Besides, depending on the type of activities and the environmental load they create, bans and obligations aimed at mitigation of environmental risks are provided for businesses. Violation of bans and failure to perform obligations entails liability, which is often very severe and can lead to serious losses for businesses.
Violations of environmental requirements by companies generally result in legal proceedings. To date, the judicial practice of Kazakhstan shows certain trends in resolving similar environmental disputes. At the same time, circumstances relevant to each particular case may depend on various factors: type of activity and equipment used equipment requirements, guidelines used to calculate environmental emissions, obtaining other data relevant to the case, etc.
In this regard, companies need to constantly ensure compliance with the environmental requirements applicable to their activities. In addition, companies need prompt and effective arrangement of their rights protection: identification of legal risks associated with environmental protection and their elimination or mitigation before state inspections; preparation for inspections for compliance with environmental legislation; effective protection of their rights during inspections and in the settlement of subsequent disputes, and the application of liability.
The important point is consideration of the environmental requirements when making transactions, for instance, when acquiring lands, enterprises, shares or interest in legal entities, subsoil use rights, as well as concluding agreements with contractors related to the works that affect the environment.
GRATA International offers the following services:
- Advising on environmental protection laws;
- Due diligence during the acquisition of facilities (interests, enterprises, lands, etc.) to identify legal risks associated with violation of environmental requirements;
- Advising on the statutory requirements for state environmental monitoring;
- Due diligence of a company in order to prepare for an inspection within the state environmental monitoring;
- Advising on issues related to the liability for violations of environmental requirements;
- Assessing the chances of settlement of environmental disputes;
- Representing companies in the course of settlement of environmental disputes.