At the beginning of spring, a video appeared online showing a large vessel, the Caspian Falcon, moving along the Ural River in the Akzhaiyk Nature Reserve. Such activity is not permitted by law in these areas.
According to media reports, the boat belongs to a contractor of North Caspian Operating Company (NCOC) - Caspian Offshore Contractors.
The Atyrau Regional Forest and Wildlife Inspection, in turn, told journalists that the vessel belongs to Circle Maritime Invest JSC, operated by Caspian Offshore Contractors, and is used to transport NCOC shift workers to the offshore field. Furthermore, the inspection noted that the movement of the boat along the river had resulted in cases of fish deaths.
"An environmental impact assessment was not conducted for the activity of moving the <...> vessel, nor was a screening of the impact of the intended activity carried out. The requirements of Articles 65 and 69 of the Environmental Code of the Republic of Kazakhstan have been violated. Moreover, this vessel was previously located in a water body in the state of Alaska, USA, which violates paragraph 1 of Article 278 of the Environmental Code, prohibiting the operation of vessels that have previously worked in another water body without inspection to avoid the accidental introduction of fauna and flora.", the territorial inspection reported.
At the same time, experts determined that the vessel's owners were exceeding the permitted noise level within the reserve's territory. Consequently, the inspection sent a letter to the Atyrau Region Department of Ecology requesting that appropriate measures be taken.
The Department of Ecology conducted inspections and issued a directive to rectify the violations, and also drew up a report on an administrative offence. However, Circle Maritime Invest company disagreed with the complaints and filed a lawsuit, seeking to have the directive overturned, and, as it turned out, had grounds to do so.
"During the inspection, it was pointed out to the department that Circle Maritime Invest is not the operator of the vessel, as the vessel was chartered to Caspian Offshore Contractors, who, in turn, sub-chartered it to NCOC. The plaintiff does not operate the vessel, and all obligations have passed to the charterer. Therefore, the Department of Ecology incorrectly identified the vessel's operator. The plaintiff also considers the requirement to conduct an environmental inspection unlawful.", stated the decision of the specialised inter-district administrative court of the Atyrau region.
The court also found that the regional specialists from the Department of Ecology had violated the rights of the vessel owner through their inspections.
"In accordance with the Entrepreneurial Code of the Republic of Kazakhstan, preventive control involving a visit to the subject is deemed invalid if it was conducted with gross violations of the requirements for organising and conducting such control. The absence of grounds for preventive control constitutes a gross violation of the requirements of the Entrepreneurial Code.", the court stated.
As a result, the court upheld the claim filed by Circle Maritime Invest. At the same time, a special ruling was issued to the head of the Atyrau Region Department of Ecology, instructing them to note the violations committed by the department's inspector during the inspection, and requesting that measures be taken to "prevent such incidents in the future".
It will be recalled that earlier, Galina Chernova, Executive Director of the 'Globus' Centre for Environmental and Legal Initiative, reported an oil spill in the area of the Kashagan field in the Caspian Sea. According to her, the spill area was approximately 7 sq. km, and the slick drifted northward in the Caspian Sea. It became known that the field is owned by North Caspian Operating Company N.V. However, the company later denied the reports of an oil spill, stating that no spills or leaks had been detected.