The Republic of Kazakhstan has an oil production and transport industry of growing global importance; in 2015 crude oil production averaged 1.67 million bbl/day (74 million m3/year). The growth of the oil industry and a changing risk profile has led to an evolution of oil spill preparedness. The national framework has been amended several times due to legislative and administrative changes. The latest National Oil Spill Contingency Plan was approved in 2012, providing impetus for further development through its implementation. This Plan’s policy embraces risk-based preparedness utilizing the full response toolkit. In terms of realizing national policy, important amendments to the Environmental Code in 2016 addressed the following:– Exemption from emission control regulation; legitimate consequences of the response toolkit (such as adding dispersant and a smoke plume resulting from controlled burning) will not be considered as emissions.– Requirement for specific regulation of oil spill methods i.e. dispersant product approval and use authorization and in-situ burning procedures. Industry worked with the authorities to address and develop effective regulation based on international good practices as promoted by the International Maritime Organization (IMO) and international oil industry associations. The national association Kazenergy provided a vehicle for aligned support across the local industry. Kazakhstan is a member of the regional agreement to protect the Caspian marine environment. Cooperation in case of major oil pollution is being developed, through the implementation of the Aktau Protocol, which entered into force in July 2016. Kazakhstan is also in the process of ratifying the IMO Conventions relating to oil spill preparedness and response. This paper describes the challenging journey to develop an effective response framework, highlighting that the process:– requires champions within authorities to promote legislative amendments;– benefits from alignment of industry through associations as an efficient means to provide support;– is inevitably slowed by governmental re-organization and it is challenging to achieve consensus across different Ministries and departments;– is enhanced where targeted local oil spill research provides credibility and validation of international inputs. Significant commitment is needed to achieve legislative change but the prize it worth it. The result is a robust framework that mandates effective response using the best options to minimize environmental impacts and promote recovery in case of potential oil pollution.
Abstract:The paper analyses a self-cognitive experience performed by Kazakh contemporary art, led by globalisation tendencies, in search of its place in the world. Two decades of independence have become the basis for a new cultural space, where Kazakhstan sees itself both as the most western of Oriental countries and the most oriental of Western ones. Current lifestyles in Kazakh society, as well as the chosen political and economic vectors, considerably affect artistic consciousness, defining boundaries between ethno-cultural identity and the mainstream, which dictates its own terms and conditions. The present study focuses on art. In our opinion, it is the most illustrative area of visual creativity, which, faster than any other, reacts to each change in social mentality. The world reflected in a picture of one artist could reflect the world of the whole nation. Now the most interesting and important questions for Kazakhstan's citizens focus on this problem. These are the same questions that can be found in the title of an emblematic painting by Paul Gauguin: Where do we come from? What are we? Where are we going?
The International Maritime Organization (IMO) and the oil and shipping industries have been supporting countries in the development of their oil spill preparedness and response capacity for decades, including through the Global Initiative (GI) programme. These efforts have provided a wealth of experience and understanding of international good practice. A key lesson learned is the importance of legislation and regulation as a fundamental step to developing a preparedness and response framework. This paper will explain how, by contributing to the full implementation of international regulation, the Global Initiative benefits industry and governments alike. Whilst governments find their level of oil pollution preparedness enhanced, industry benefits from the strengthening of the legal and institutional framework which mitigates regulatory and associated economic risks, and eases the dialog with relevant national authorities. IMO's International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC 90) is the bedrock on which national preparedness and response capability is built. OPRC 90, and various regional agreements that integrate with it, set out obligations with respect to a national response framework and associated contingency planning, communication plans, equipment capability and implementation through training and exercises. Whilst the provisions of OPRC 90, and other relevant international legal instruments, are clear, their domestication has proven to be challenging. Most of the obstacles encountered by national authorities fall under three main themes. They could be: purely legal (e.g. transposition of the provisions in the international framework into national law); more institutional (e.g. definition of the competent national authority and operational contact points for oil pollution preparedness and response); or even technical, especially with regards to secondary regulations or rules to address technical aspects of preparedness and response (e.g. approval of response techniques). The GI regional project teams are familiar with these challenges, which are regularly encountered. To overcome the difficulties, each Project has developed solutions together with governments and local business units of the industry. This paper seeks to discuss challenges encountered by countries in meeting their obligations, within the different geographical regions covered by the GI programme. The authors will share their experience and observations from programme implementation, and recommend good practice to enable the domestication of international instruments.
Kazakhstan's legal framework concerning oil spill issues has been reviewed and updated during 2015–2019, driven by the adoption of good international practice. Ensuring the full response toolkit is available and options are chosen to mitigate the overall impact of an incident were critical principles. The Oil Spill Preparedness Regional Initiative (OSPRI), in conjunction with national industry (North Caspian Operating Company - NCOC and KazMunaiGaz - KMG), shared the net Environmental Benefit Analysis (NEBA) approach and later the Spill Impact Mitigation Assessment (SIMA) with key agencies and authorities as part of this effort. As the first step, workshops and seminars on NEBA were organized at local and national levels. These were facilitated by international experts and national consultants to build awareness and understanding. The second step was to embed NEBA within the legal framework. The legal system has a strong hierarchy including Codes, Laws and Orders. The National Contingency Plan (2015), approved by Order, acknowledged NEBA and gave impetus to develop additional legislation on the NEBA process. To ensure proper legal force, it was suggested to embed NEBA higher up the hierarchy, in the Subsoil Use Code (2017). Practical implementation of NEBA (during simulation exercises) and review by authorities of a draft NEBA report prepared by NCOC, revealed that the process required further clarification. It was not clear how NEBA should be presented in contingency plans, for authorities' review and approval i.e. whether it should be a separate report or incorporated within the plan. It was mooted that proposed amendments to the Environmental Code would aid clarification. In order to support a coherent process of contingency plans' approval, NEBA should be supported by a suitable and recognized implementation methodology. The SIMA methodology has been proposed as an option in Kazakhstan. Work on the Environmental Code's amendments, incorporating suitable clarifications, is expected to be completed in 2020. Based on the experience of NEBA adoption in Kazakhstan, cooperation between industry and authorities, exercises and workshops leads to positive results. The process has taken some years, as capacity building and legislative developments were required, but is reaching a successful conclusion. This will inform the choice of response options for any future incidents, to achieve least overall ecological and socio-economic impacts.
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