Law of the Republic of Belarus

 

Law of the Republic of Belarus

No. 1982-XII of November 26, 1992

[Amended as of December 22, 2011]

 

On Protection of the Environment

The protection of the environment is a prerequisite of the stable economic and social development of the state. The present Law is aimed at ensuring of the legal principles of protection of the environment, nature management, protection and restoration of biological variety of natural resources and objects, and directed on provision of constitutional rights of citizens to the environment favorable to human life and health.

CHAPTER 1
GENERAL PROVISIONS

 

Article 1. Main Terms Used in the Present Law

In present Law the following main terms are used:

anthropogenic object - the object, which was created by a man for satisfaction of his social needs and which doesn’t have properties of natural objects.

biosphere reserve – a part of the territory of the Republic of Belarus, which includes some protected natural territories (parts thereof), and/or natural territories which are subject to special protection (parts thereof), as well as other territories in which rational (sustainable) management of use of natural resources is stimulated through the implementation of the elements of the economic mechanism of the protection of the environment and nature management in the realization of the environmental protection measures, certain types of business and other activities;

biotope – is a natural object (a plot of a territory or water area) with homogeneous ecological conditions, which is a habitat of the community of various species of wild animals and place of growth of wild plants;

favorable environment - the environment, which quality provides the ecological security, established function of the natural ecological systems, other natural and anthropogenic objects.

damage inflicted on the environment – having pecuniary valuation negative changes in the environment or separate components of the natural environment, in the natural or natural and anthropogenic objects manifested in their pollution, degradation, exhaustion, damage, destruction, illegal seizure and/or other deterioration of their condition incurred from the harmful influence on the environment related to the violation of the requirements in the sphere of the environment protection, other infringements of the legislation of the Republic of Belarus.

harmful influence on the environment- any direct or indirect influence on the environment of the economic and other activities, which results lead to the negative changes of the environment.

state cadastre of natural resources- the systematize summary of the qualitative and quantitative descriptions of natural resources, their economic evaluation and employment.

natural ecological system- the really existing part of nature which has spatial territorial borders and in which alive and lifeless components interact as an integral whole and which are connected with each other by the substance and energy circulation.

pollution of the environment - introduction to the components of the natural environment, being and/or emergence in them in the result of the harmful influence on the environment of a substance, physical factors (energy, noise, radiation and others), microorganisms, which properties, location or quantity cause harmful changes in physical, chemical, biological and other characteristics of the condition of the environment, in particular cause excess of standards in the sphere of the environment protection.

contaminating substance- substance or mixture of substance, the introduction to the environment of which cause its pollution.

quality of the environment- condition of the environment which is characterized by the physical, chemical, biological and/or other indicators or their totality.

components of the environment- ground (including soil), bowels of the earth, waters, atmospheric air, flora and fauna, and ozone layer, cosmos near-ears space providing favorable conditions for the existence of life on the Earth.

control in the sphere of protection of the environment, rational use of natural resources (ecological control) – system of measures which are directed on exposure and putting a stop to abuses the legislation of the Republic of Belarus on protection of the environment, providing the observing demands in the sphere of the protection of the environment by the legal and natural persons who are concerned with economical and other activities;

Red Book of the Republic of Belarus – the list of rare species and species being under the threat of extinction in the territory of the Republic of Belarus, including subspecies, varieties (hereinafter – species) of wild animals and plants;

monitoring of the environment – system of observing the state of the environment, appreciation and prediction of changes of the state of environment under the influence of the natural and anthropogenic factors.

best available techniques – technological processes, methods, order of organization of the production of produce and energy, performance of work or provision of services, design, construction and operation of facilities and equipment, providing the reduction and/or prevention of the dissemination of pollutants in the environment, creation of industrial waste in comparison to the applicable and being the most effective in protecting the environmental quality standards, standards of permissible impact on the environment in the condition of the economic viability and technical feasibility of their use;

national environmental network - a system of functionally related protected natural territories and natural territories, being subject to special protection for the conservation of natural ecosystems, biological and landscape diversity and insurance of the continuity of the habitat of fauna objects;

standards of permissible anthropogenic burden on the environment- standards which are established in conformity with the quantity of permissible combined influence on environment and/or each separately component of the environment in the borders of concrete territories, and observing which established function of the natural ecological systems and biological variety is provided.

standards of permissible emissions and exhausts of chemical and other substance – standards which are established for legal and natural persons who are concerned with economic and other activities in conformity with indicators of the mass of chemical substance, also the radioactive substance, other substance and microorganisms which are permissible for the emission to the environment from the stationary and mobile sources in established regime and with consideration of the technological standards, and following which the standards of quality of environment are provided.

standards of permissible physical influence – standards which are established in conformity with the levels of permissible influence of physical factors on the environment, and following which the standards of quality of environment are provided.

standards of maximum permissible concentration of microorganisms – standards which are established in conformity with the indicators of the maximal permissible content of microorganisms in the environment, non-observance of which leads to infliction of ecological damage;

standards of maximal permissible concentrations of chemical and other substance- standards which are established in conformity with the indicators of the maximal permissible chemical and other substance content in the environment, non-observance of which leads to infliction of ecological damage;

standards of maximal permissible physical influence- standards which are established in conformity with the indicators of the maximal permissible influence on the environment of the warms, noise, vibration, ionizing radiation, voltage of electromagnetic fields and other physical influence, non-observance of which leads to infliction of ecological damage;

owner of ecological information – a state body, another state organization, another legal person, their officials, an individual entrepreneur who carry out activities which result in creation of ecological information;

environment – combination of components of the nature, natural and natural anthropogenic objects, and also anthropogenic objects;

protection of the environment (activity of nature’s protection) – activity of a state body, public associations and other legal persons, which are directed on saving and rehabilitation of nature, rational (sustainable) use of natural resources and their reproduction, prevention of pollution, degradation, damage, run thin, destruction and other harmful influence the environment by the economic and other activity and liquidation of its results;

evaluation of the effect on the environment – determining, while elaborating project documentation, a possible impact on the environment at implementation of the project decisions, estimated changes of the environment, as well as forecasting of its condition in the future in order to make a decision on the possibility or impossibility of implementing the project decisions;

provision of ecological information – actions of the owners of ecological information aiming at its transfer to state bodies, other legal persons and citizens, including individual entrepreneurs, under obligations imposed on the owners of such information by the legislation of the Republic of Belarus or under the contract on provision of specialized ecological information;

natural environment – combination of components of natural environment, natural and natural anthropogenic objects;

natural anthropogenic object – natural object modified by the economic and other activity and/or object created by a human with properties of natural objects and with recreating and protecting importance.

natural resources – components of natural environment, natural and natural anthropogenic objects which are used or can be used for realization of economical or other activity as sources of energy, ware and objects of utility, and which have a consumer value;

natural complex – natural objects functionally and naturally connected with each other, and joined by geographical and other corresponding characteristics;

natural landscape – a natural object, which consists of interacting components of the natural environment being formed in the uniform natural and climatic conditions;

natural object – natural ecological system, natural landscape, biotope and components of natural environment conserved their natural quality;

nature management- economical and other activity during which the natural resources are used and influence on the environment is caused;

infliction of damage on the environment – harmful influence on the environment related to the violation of requirements in the sphere of environment protection, other infringements of the legislation of the Republic of Belarus, in particular emission of contaminating substances to the atmospheric air, effluent discharge into the water objects, if standards of permissible emissions and exhausts of chemical and other substances established in compliance with the legislation of the Republic of Belarus are exceeded at one or more contaminating substances, or if such standards have not been established while their establishment is required according to the legislation of the Republic of Belarus; illegal removal of wild-growing plants and/or their parts, wild animals, other natural resources;

dissemination of ecological information – actions of the owners of ecological information aiming at its communication to the state bodies, other state organizations, other legal persons and citizens, including individual entrepreneurs, by its publication in printed editions, other mass media, on their official web-sites in the global computer network Internet, or by other open means;

rational (sustainable) use of the water resources – use of the natural resources in such a way and at such a pace which do not lead in the long-term perspective to their depletion and hereby allows to protect their ability to satisfy economic, esthetic and other needs of the present and future generations;

specialized ecological information – ecological information for provision of which preliminary preparation is needed, including collection, processing and analysis of information, because the preparation of it is not required by the legislation of the Republic of Belarus, and it is not contained in the State Data Fund on the State of the Environment and Influence on it;

fixed rate for evaluation of the compensation of damage inflicted on the environment – a standard unit for pecuniary evaluation of the compensation of damage inflicted on the environment;

technological standard – standard of permissible emissions and exhausts of substances and microorganisms that is established for stationary, mobile and other sources, technological processes, equipment, and which determines the permissible mass of emissions and exhausts of substances and microorganisms to the environment considering the output goods;

requirements in the sphere of protection of the environment (requirements of nature protection, requirements of ecological security)- obligatory conditions to economic and other activity, limitations or their totality, established by the law, including technical normative legal acts, other standards;

ecological safety – state of protection of the environment, human life and health from possible harmful influence of economical and other activity, extraordinary situations of natural and man-caused nature;

ecological information – recorded information that contains data about the condition of the environment, influence on it and measures on its protection, as well as about the influence of the environment on a human being, and the content of which is specified by the present law, other legislative acts of the Republic of Belarus and international treaties of the Republic of Belarus;

ecological information of general purpose – ecological information intended for being publicly used by virtue of fulfilling by the owners of ecological information of obligations imposed on them by the legislation of the Republic of Belarus, and which is disseminated or provided free of charge in accordance with the present law;

ecologically dangerous activity – construction, exploitation, dismantlement or demolition of objects, other activities that cause or may cause a situation of stable negative changing of the environment and of threat to the life, health and property of citizens, including individual entrepreneurs, to the property of legal persons and the property owned by the state;

ecological audit – independent complex documentary control of maintenance by the legal persons and individual entrepreneur realizing economic and other activity of the requirements including standards and technical standard acts in the sphere of protection of the environment, requirements of international standards, and preparation of recommendations on lowering (prevention) harmful influence of such activity on the environment;

ecological damage – damage inflicted on the environment, as well as damage, inflicted on the life, health and property of citizens, including individual entrepreneurs, on the property of legal persons and the property owned by the state in the result of the harmful influence on the environment;

ecological risk – probability of occurrence which has negative consequence for the environment and which was caused by the harmful influence of economic and other activity, extraordinary situations of natural and man-caused nature.

 

Article 2. Legislation of the Republic of Belarus on Protection of the Environment

Legislation of the Republic of Belarus on protection of the environment is based on the Constitution of the Republic of Belarus and consist of the present Law, acts of legislation on specially protected natural territories, state ecological expert, hydro-meteorological activity, protection of the ozone layer, wastes handling and other legislative acts of the Republic of Belarus, including norms which regulate relations in the sphere of protection of the environment and nature management.

Legal status of natural resources and other components of the natural environment is regulated by the legislation of the Republic of Belarus on protection of the environment, unless otherwise provided by the legislation of the Republic of Belarus on protection and use of lands, on protection and use of water resources, on use, care and protection of forestry , on the bowels , on protection and use of fauna, on flora, and other legislation of the Republic of Belarus.

During the preparation of drafts of the acts of legislation of the Republic of Belarus the inclusion of regulations, the realization of which can entail increase of harmful influence on the environment, shall not be allowed.

 

Article 3. Main Goals of Legislation of the Republic of Belarus on Protection of the Environment

The main goals of legislation of the Republic of Belarus on the protection of the environment are:

to provide favorable environment;

to regulate the relations in the sphere of the protection of natural resources, their utilization and reproduction;

to prevent harmful influence on the environment by the economic and other activity;

to improve the human environment;

to provide rational (sustainable) use of natural resources.

 

Article 4. Main Principles of Protection of the Environment

Economic and other activity of legal and natural persons influencing the environment shall be conducted on the basis of the following principles of:

observance of human right on favorable environment and compensation of injury applied by the violation of this right;

providing favorable conditions for human life and health;

scientifically well-grounded combination of ecological, economic and social concerns of citizens, society and state in the aim of providing favorable environment.

protection, rational (sustainable) use of natural resources and their reproduction as necessary conditions for providing favorable environment and ecological security;

preventive disposition of measures on protection of the environment and on prevention of harm to the environment;

state regulation of protection of the environment and nature management;

payable special natural management and recovery of damages inflicted on the environment;

economic stimulation of the rational (sustainable) usage of natural resources;

independence of control in the sphere of protection of the environment, rational use of natural resources;

consideration of natural and socio-economic peculiarities of the territories, including the regime of the protection and usage of highly protected natural territories, natural territories being subject to special protection, and biosphere reserves, at planning and realization of the economic and other activity;

priority of saving natural ecological systems, typical and rare natural landscapes, biotopes and natural complexes;

permissibility of influence of economic and other activity the environment with taking into account requirements in the sphere of protection of the environment;

obligatory participation in the activity on protection of the environment of state bodies, public associations, other legal and natural persons;

protection of biological variety;

provision of integrated and individual methods to the establishment of requirements in the sphere of protection of the environment for the legal and natural persons, which carry out economic and other activity;

presumption of ecological danger of planned economic and other activity;

decreasing harmful influence of economic and other activity to the environment on the basis of use of the best available technological methods and technologies provided implementation of requirements in the sphere of protection of the environment with consideration of economic and social factors;

prohibition of economic and other activity which can lead to degradation of natural ecological systems, changes or destruction of genetic fund of objects of flora and fauna, exhaustion of natural resources, and other negative changes of the environment;

publicity in the activity of state bodies, public associations on the problem of protection of the environment, and providing citizens with complete authentic opportune ecological information;

non-admission of holding functions of state regulation, administration and control in the sphere of protection of the environment, rational use of natural resources with function of nature management;

responsibility for violation of legislation of the Republic of Belarus of protection of the environment;

ensuring propagating the knowledge in the sphere of protection of the environment and nature management and forming ecological culture;

international cooperation in the sphere of protection of the environment.

 

Article 5. Objects of Relations in the Sphere of Protection of the Environment

Objects of relations in the sphere of protection of the environment are earth including soils, bowels, waters, atmospheric air, ozone layer, cosmos near-earth space, forests, flora and fauna, specially protected natural territories and natural territories being subject to special protection, national ecological network, biosphere reserves, typical and rare natural landscapes and biotopes, climate, natural ecological systems, other natural objects, and also right of nature management.

 

Article 6. Subjects of Relations in the Sphere of the Protection of the Environment

Subjects of relations in the sphere of the environment protection are:

the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, specially authorized republican bodies of state administration in the sphere of protection of the environment, the local Councils of Deputies, executive and administrative bodies, as well as other state bodies, bodies of territorial public self-government within their authority;

public associations, other legal persons of the Republic of Belarus as well as citizens of the Republic of Belarus, including individual entrepreneurs (hereinafter, unless otherwise provided – citizens).

The rules established by this Law are applied to the relations with participation of foreign citizens, persons without citizenship, foreign and international legal persons (organizations that are not legal persons), foreign states, if otherwise is not provided by the Constitution of the Republic of Belarus and international agreements of the Republic of Belarus.

 

Article 7. Main Directions of the State Policy of the Republic of Belarus in the Sphere of Protection of the Environment

The main directions of state policy of the Republic of Belarus in the sphere of protection of the environment are:

provision of rights of citizens on favorable environment and compensation of harm caused by the violation of these rights;

improvement of state administration in the sphere of protection of the environment;

scientific provision of protection of the environment;

creation of legal and economic mechanisms stimulating rational (sustainable) use of natural resources;

rational (sustainable) use of natural resources;

improvement of system of protection of the environment and nature management;

 formation and maintenance of functioning of a system of specially protected natural territories, as well as natural territories being subject to special protection, national ecological network and biosphere reserves;

provision of protection of biological and landscape variety;

provision of permanent functioning of the National system of monitoring of the environment of the Republic of Belarus;

realization of state ecological expert examination;

provision and dissemination of ecological information;

propagating the knowledge in the sphere of protection of the environment and nature management and forming ecological culture;

rendering assistance to public associations, realizing their activity in the sphere of protection of the environment;

engaging citizens, public associations to protection of the environment ;

international cooperation in the sphere of protection of the environment.

 

CHAPTER 2
STATE ADMINISTRATION IN THE SPHERE OF THE PROTECTION OF THE ENVIRONMENT

 

Article 8. Bodies Carrying Out the Sate Administration in the Sphere of Protection of the Environment

The state administration in the sphere of the protection of the environment is carried out by the President of the Republic of Belarus, by the Council of Ministers of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, by other specially authorized republican bodies of state administration and their territorial bodies, by local Councils of Deputies, executive and administrative bodies within the limits of their competence.

The specially authorized republican bodes of state administration are the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus, Ministry of Health of the Republic of Belarus, Ministry of Emergency Situations of the Republic of Belarus, Ministry of Forestry, State Committee on Property and other republican bodies of state administration in accordance with the legislation of the Republic of Belarus.

 Article 81. Competence of the President of the Republic of Belarus in the Sphere of Protection of the Environment

The President of the Republic of Belarus in the sphere of protection of the environment:

determines unified state policy;

approves state programs of rational (sustainable) usage of natural resources and protection of the environment;

establishes the procedure of granting natural resources for usage and takes decisions on granting them for usage in the cases provided by legislative acts of the Republic of Belarus;

takes decisions on declaring, transformation and discontinuing to function of reserves, national parks and also preserves of republican importance in the case of withdrawal of land plots from land users for these purposes;

approves the scheme of a national ecological network;

declares the zones of ecological disaster;

establishes the period of suspension of the work of industrial and other objects located in the zone of ecological disaster;

carries out other powers entrusted to him/her by the Constitution of the Republic of Belarus and legislative acts of the Republic of Belarus.

 

Article 9. Competence of the Council of Ministers of the Republic of Belarus in the Sphere of Protection of the Environment

The Council of Ministers of the Republic of Belarus in the sphere of protection of the environment:

provides realization of the unified state policy of the Republic of Belarus;

adopts the normative legal acts in the sphere of protection of the environment;

provides the drafting and execution of the state programs of rational (sustainable) usage of natural resources and protection of the environment;

establishes the procedure of working out and approval of territorial completive schemes of rational (sustainable) use of natural resources and protection of the environment and their financing;

determines the measures on protection of the environment, on scientifically grounded usage of natural resources and improvement of the quality of the environment;

establishes the order of use of natural resources if other is not provided by the legislative acts of the Republic of Belarus;

establishes the list of officials of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial organs which have the right to carry out control in the sphere of the protection of the environment, rational use of natural resources;

determines the order of activities of the public ecologists;

submits to the President of the Republic of Belarus proposals on establishing privileges to single categories of legal and physical bodies in the order established by the legislation of the Republic of Belarus;

establishes the order of conducting the state cadastres of natural resources and also the order of record keeping in the sphere of the protection of the environment;

establishes a list of measures for protection of the environment and restoration of natural resources, financed at the expense of the the environmental protection republican and local budgets;

 

establishes the order of transmission of the places of habitation of wild animals and the places of growth of wild growing plants which are referred to the species included into the Red Book of the Republic of Belarus of typical and rare natural landscapes and biotopes under the protection of the users of land plots and/or water objects, forms of the passports of the places of habitation of wild animals and the places of growth of wild growing plants which are referred to the species included into the Red Book of the Republic of Belarus and the protective obligation, as well as the order and conditions of its issuance;

establishes the order and conditions of the issuance of permissions for withdrawal of wild animals and plants, which belong to the types included into the Red Book of the Republic of Belarus, from their habitat, unless otherwise provided by the President of the Republic of Belarus;

determines the order of formation and maintenance of the State Data Fund on the State of the Environment and Influences on It;

establishes requirements with the consent of the President of the Republic of Belarus to the content of the scheme of the national ecological network and criteria of the selection of the territories for the inclusion into the national ecological network;

takes decisions on declaring, transformation and discontinuing to function of preserves of republican importance in the case there is no need to withdraw land plots from land users for these purposes;

declares, if necessary, the certain parts of territory of the Republic of Belarus as the zones of ecological risk and zones of ecological crisis;

establishes the order of conducting the National system of monitoring of environment in the Republic of Belarus;

determines the order of conducting and usage of data on monitoring of environment;

establishes the order of carrying out the analytical (laboratory) control; in the sphere of protection of the environment

establishes the order of financial incentive of the officials of the Ministry of Natural Resources and Protection of Environment and their territorial bodies that revealed the offences in the sphere of protection of the environment;

determines the content of ecological information of general purpose subject to obligatory dissemination, the owners of such information who are obliged to disseminate it, and the periodicity of its dissemination;

determines the form and the order of drawing up an act on establishment of the fact of infliction of damage on the environment;

determines the order of calculating the sum of compensation of damage inflicted on the environment;

carries out the international cooperation in the sphere of protection of the environment;

carries out other powers entrusted by the present Law, other laws of the Republic of Belarus and by the acts of the President of the Republic of Belarus.

 

Article 10. Competence of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus in the Sphere of Protection of the Environment

The Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus carries out the entrusted powers directly and through its territorial bodies.

The Ministry of Natural Resources and Protection of the environment of the Republic of Belarus in the sphere of protection of the environment:

realizes the unified state policy of the Republic of Belarus in the sphere of protection of the environment;

within its competence drafts and adopts (issues) the normative legal acts, drafts and establishes (enters into force) technical normative legal acts in the sphere of protection of the environment;

carries out the state administration in the sphere of protection of the environment;

organizes the working out of territorial completive schemes of protection of the environment and rational (sustainable) usage of natural resources and provides the scientific methodic guidance of this activity;

establishes categories of national conservation importance and criterion of attribution to them of rare and endangered species of wild animals and plants on the territory of the Republic of Belarus;

implements in the established order the rationing and standardization, technical standartization in the sphere of protection of the environment and usage of the natural resources;

carries out the state regulation of the activity on certification in the sphere of the protection of the environment (hereinafter – ecological certification);

ensures within the scope of its authority the uniformity of measurements in the sphere of the environment protection;

carries out the licensing of activities connected with influence on the environment according to the legislation of the Republic of Belarus;

coordinates the activity of the republican bodies of state administration in the sphere of protection of the environment and usage of natural resources;

within its competence determines the order of using means of state special purpose budget republican fund of nature protection;

 

carries out control in the sphere of protection of the environment, rational use of natural resources in the order established by the legislation of the Republic of Belarus on the control (supervisory) activity in the Republic of Belarus and by the present Law;

issues orders obligatory for implementation according to the results of the field activities;

 

submits claims to legal persons and citizens inflicted damage on the environment,;

asks and receives without charge information necessary to carry out the tasks entrusted from the republican bodes of state administration, local executive and administrative bodies, legal persons and individual entrepreneurs;

organizes the registration and estimation of natural resources;

conducts together with the relevant republican bodies of state administration the following state cadastres of natural resources: of bowels, water, air, flora, fauna and also of wastes and other cadastres and coordinates the activity of these bodies on their conduction;

organizes the conduction of National system of monitoring of environment in the Republic of Belarus in established order;

forms the state data base of the state of environment and influences on it;

conducts the Red Book of the Republic of Belarus,

carries out the work on revelation of the habitat of wild animals and plants, which belong to the species included into the Red Book of the Republic of Belarus, typical and rare natural landscapes and biotopes and their accountability;

provides the elaboration and approves plans of management of the populations of wild animals and wild plants which belong to the species included into the Red Book of the Republic of Belarus, as well as to the species being under protection by international treaties of the Republic of Belarus, plans of action on preservation of such species of wild animals and wild plants and other activities on the protection of wild animals and wild plants which belong to the species included into the Red Book of the Republic of Belarus, as well as to the species being under protection of the international treaties of the Republic of Belarus, plans of management of typical and/or rare natural landscapes and biotopes, organizes the realization of such activities and carries out the control over their implementation;

elaborates together with the National Academy of Sciences of Belarus, regional executive and administrative bodies and other interested state bodies and organizations the project of the scheme of national ecological network;

prepares with the consent of the National Academy of Sciences of Belarus, other interested state bodies and organizations proposals on announcement and termination of the functioning of the biosphere reserves;

issues permits for withdrawal of wild animals and wild growing plants referred to the species included into the Red Book of the Republic of Belarus from the environment of their habitat and growth;

takes decisions on declaring, transformation and discontinuing to function of natural monuments of republican importance;

organizes the ecological passportization of objects;

establishes the order of conduction of ecological passports of enterprises;

provides and disseminates ecological information in accordance with the present Law, other acts of legislation of the Republic of Belarus including international treaties of the Republic of Belarus;

informs the bodies of state administration, legal persons and citizens on the state of the environment and measures of its protection;

cooperates with the public associations carrying out their activity in the sphere of protection of the environment, organizes the net of public ecologists;

organizes the propaganda of knowledge in the sphere of protection of the environment and nature management and forming the ecological culture;

carries out the international cooperation in the sphere of protection of the environment;

studies, generalizes and spreads the experience of foreign countries in the sphere of protection of the environment and rational (sustainable) usage of natural resources;

coordinates the implementation of international treaties of the Republic of Belarus in the sphere of protection of the environment;

carries out other powers according to the present Law and other acts of legislation of the Republic of Belarus.

The Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus works out and introduces in order established by the legislation of the Republic of Belarus the following to the Council of Ministers of the Republic of Belarus:

drafts of acts of legislation of the Republic of Belarus on protection of the environment;

drafts of state programs on rational (sustainable) usage of the natural resources and protection of the environment, concepts, strategies, schemes and plans of actions in this field;;

proposals on questions of protection of the environment and rational (sustainable) usage of natural resources for their introduction into the drafts of prognoses and programs of social and economic development of the Republic of Belarus;

proposals on fixing of the list of activities on the protection of the environment and reproduction of the natural resources financed from the republican and local budgets;

presentations on declaring, transforming and withdrawal of functioning of particularly protected natural territories of the republican importance;

proposals on declaring the certain parts of territory of the Republic of Belarus as zones of ecological risk and zones of ecological crisis;

proposals on forming and usage of state special purpose budget funds of protection of the environment;

proposals on establishing privileges to single legal and physical bodies.

 

Article 11. Competence of Local Councils of Deputies and Executive and Administrative Bodies in the Sphere of Protection of the Environment

The local Councils of Deputies in the sphere of protection of the environment:

approve the territorial programs and activities on sustainable use of natural resources and protection of the environment;

in the territory under their jurisdiction dispose of the natural resources in the cases and in the order provided by the legislation of the Republic of Belarus in environment protection and rational usage of natural resources;

abolish the decisions of local executive and administrative bodies on withdrawal and granting the pieces of land in usage, under rent, life-long heritable possession, on their transmission to ownership, that are not in compliance with the legislation of the Republic of Belarus on protection and usage of lands in force;

carry out other powers according to the legislation of the Republic of Belarus.

Local executive and administrative bodies in the sphere of protection of the environment:

elaborate and present to the local Councils of Deputies the territorial programs and activities on rational (sustainable) usage of natural resources and protection of the environment and take measures on their execution;

take measure on protection of rights and legal interests of citizens of the Republic of Belarus in the sphere of protection of the environment;

carry out on the territory within their jurisdiction the state control over usage and protection of lands in the order established by the legislation of the Republic of Belarus on the control (supervisory) activity of the Republic of Belarus;

in the territory under their jurisdiction dispose of the natural resources in the cases and in the order provided by the legislation of the Republic of Belarus in environment protection and rational usage of natural resources;

take decisions on reserving the territories which are planned to be declare particularly protected natural territories;

take decisions on declaring, transforming and discontinuing to function of reserves and natural monuments of local importance;

take decisions on announcing and termination of the functioning of the biosphere reserves;

takes decisions on the transfer in the established order of the revealed habitats of wild animals and/or growth of wild plants, which belong to the species included into the Red Book of the Republic of Belarus, typical and/or rare natural landscapes and biotopes for the protection by users of the land plots and/or water objects;

determine the sites of wastes placement;

organize the collection, transportation, storage and neutralization of communal wastes, that appear on their territory;

 

submit claims to legal persons and citizens inflicted damage on the environment,;

participate in formation of ecological culture;

consider the proposals of legal persons also of public associations and citizens on the questions of protection of the environment and rational (sustainable) usage of natural resources;

carry out other powers according to the legislation of the Republic of Belarus.

 

CHAPTER 3
RIGHTS AND DUTIES OF CITIZENS AND PUBLIC ASSOCIATIONS AND PUBLIC ECOLOGISTS IN THE SPHERE OF PROTECTION OF THE ENVIRONMENT

 

Article 12. Rights and Duties of Citizens in the Sphere of Protection of the Environment

Every citizen has the right to favorable environment and to compensation of harm caused by the infringement of this right and also to receive, store and distribution of full and trustworthy and timely ecological information.

The citizens have the right to:

create according to legislation the public associations carrying out their activity in the sphere of protection of the environment and also public funds of the protection of nature;

turn to bodies of state administration and other organizations, to the officials for the reception of full, trustworthy and timely ecological information in order established by the legislation of the Republic of Belarus;

take part in discussion of materials on estimation of influence on the environment;

introduce the proposals o conduction of public ecological expert examination and participate in its conduction in order established by the legislation of the Republic of Belarus;

assist the state bodies in the decision of questions of protection of the environment;

 

turn to the state bodies, other organizations in written, electronic or verbal form, as well as make reprimands and/or proposals to individual entrepreneurs to the book of reprimands and proposals on the issues of the protection of the environment and receive grounded answers ;

submit to court the claims on compensation of harm caused to their lives, health, property as the result of harmful influence on environment, and on suspension (prohibition) of the economic or other activities of legal persons and individual entrepreneurs that cause a harmful influence on the environment.

The citizens are obliged to:

observe the legislation of the Republic of Belarus on protection of the environment;

increase the ecological culture, aid the up-bringing in this sphere of the up-growing generation;

preserve and protect the natural environment and rationally use natural resources;

carry out the requirements in the sphere of waste management;

carry out the requirements of the fire security;

observe the rules of hunting and fishing;

carry out the requirements established for the purposes of fighting the everyday noise in the buildings, on streets, yards, on the territory of gardening partnership (cooperative society), in places of rests and other public places;

carry out the requirements (instructions) of the state bodies and officials executing the state control in the sphere of protection of the environment, rational use of the natural resources;

compensate in order established by the legislation of the Republic of Belarus the harm to environment caused by their activities.

The legislation of the Republic of Belarus can set forth other rights and duties of the citizens in the sphere of protection of the environment.

 

Article 13. Provision of the Citizens' Right to Favorable Environment

The right of citizens to favorable environment is provided:

by planning and rationing of the quality of the environment, measures on prevention of harmful influence on the environment and its improvement, prevention and liquidation of the consequences of accidents, catastrophes and natural disasters;

by compensating in the established order the harm caused to life, health and property of citizens in the result of harmful influence on environment;

by presenting full, trustworthy and timely ecological information in the order established by the present law and other acts of legislation of the Republic of Belarus including the treaties of the Republic of Belarus;

by appealing the decisions and actions (inactions) of the state bodies, organizations and officials;

by judicial protection, self-protection and reception of qualified legal aid;

by control in the sphere of protection of the environment, rational use of the natural resources;

by taking measures provided in the present Law and other acts of legislation of the Republic of Belarus.

 

Article 14. Protection of the Right to Favorable Environment

The right to favorable environment belongs to every citizen since birth and is subject to protection as a personal non-property right that is not connected with property in order established by the legislation of Republic of Belarus.

The moral harm caused to the citizen by the infringement of his right to favorable environment is subject to compensation in accordance with the legislation of the Republic of Belarus.

 

Article 15. Rights and Duties of Public Associations that Carry Out Activity in the Sphere of Protection of the Environment

Public associations that carry out the activity in the sphere of protection of the environment have the right to:

elaborate, propagandize and realize programs of rational (sustainable) usage of natural resources and protection of the environment, protect the right and legal interests of citizens in the sphere on protection of the environment, attract voluntary the citizens to carry out the activity in the sphere of protection of the environment in established order;

take part in elaboration of projects of state, departmental, local and other programs and measures on rational (sustainable) usage of natural resources and protection of the environment and assist their execution;

carry out at the expense of own and attracted assessments the measures on restoration of natural resources and provision of ecological security;

introduce in the state bodies and direct to the officials the proposals on question of protection of the environment and rational (sustainable) usage of natural resources;

take part in discussion of materials on estimation of influence on environment;

organize and conduct in established order the public ecological expert examination;

create according to the legislation of the Republic of Belarus the public funds of the protection of the environment and sped the assessments on conducting the measures on protection of the environment;

assist the state bodies in decision of question of protection of the environment;

 

turn to bodies of state administration and other organizations and to officials for the reception of full, trustworthy and timely ecological information order established by the legislation of the Republic of Belarus;

turn to the state bodies and other organizations in written, electronic or verbal form on the issues of the protection of the environment and receive grounded responses ;

submit to court the claims on compensation of harm caused to life, health, property of their members (participants) as the result of harmful influence on environment, and suspension (prohibition) of the economic or other activities of legal persons and individual entrepreneurs that cause a harmful influence on the environment;

speak up in mass media on the questions of protection of the environment.

The legislation of the Republic of Belarus can determine other rights of the public associations that carry out their activity in the sphere of protection of the environment.

The public associations that carry out the activity in the sphere of protection of the environment carry out the work on propaganda and cultivation of solicitous attitude to nature, raising ecological culture of citizens, inform the territorial bodies of the Ministry of natural resources and protection of the environment, local executive and administrative bodies on established cases of irrational usage of natural resources, infringements of the legislation of the Republic of Belarus on the protection of the environment and also on accidents and other emergency situations, infringements of technological processes, as the result of which the contamination of the environment or other harmful influence on environment has taken place of can take place.

Public associations at carrying out the activity in the sphere of protection of the environment are obliged to observe the requirements in the sphere of protection of the environment.

 

151. Public ecologists

Public ecologists are legally capable citizens of the Republic of Belarus who expressed a desire voluntary and gratuitously support the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial bodies in the implementation of the protection of the environment and rational of natural resources.

Public ecologists are entitled to:

support the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial bodies in carrying out of the activities on protection of the environment;

participate in the proliferation of the ecological information;

support the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial bodies in the promotion and education among the citizens of the respect for nature, improvement of their environmental culture. The legislation of the Republic of Belarus may determine other rights for public ecologists.

Public ecologists shall:

know the legislation of the Republic of Belarus on the protection of the environment and sustainable use of the natural resources and follow its provisions;

report on the facts of violation of the legislation of the Republic of Belarus on the protection of the environment and sustainable use of the natural resources to the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus or its territorial bodies;

account for the work performed to the territorial bodies of the Ministry of the Natural Resources and Protection of the Environment of the Republic of Belarus.

The Ministry of the Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial bodies:

organize the work of the public ecologists;

organize the work on education of the public ecologists;

provide public ecologists with ecological information;

perform the control over the work of public ecologists, evaluate their work and elaborate activities on improvement of its effectiveness;

provide security for the public ecologists at carrying out of the activities on protection of the environment.

The order of the activity of public ecologists is established by the Council of Ministers of the Republic of Belarus.

 

 

CHAPTER 4
NATURE MANAGEMENT

 

Article 16. Right of Nature Management

Natural resources may be granted for use in the order established by the legislation of the Republic of Belarus.

The citizens are guaranteed the right of general use of natural resources for the satisfaction of their needs without a charge without securing other rights for them and without reception of relevant permissions, excluding cases provided by the legislation of the Republic of Belarus (right of general nature management).

Carrying out the management of nature at the process of economic activity (special nature management) is allowed to the legal persons and individual entrepreneurs with a charge, if other is not established by the legislative acts of the Republic of Belarus, on the basis of decisions of state bodies competent to make those decisions on lease contract, complex permission on protection of the environment in cases established by the acts of the president of the Republic of Belarus, and on other bases provided by the legislation of the Republic of Belarus.

 

Article 17. Licensing in the Field of Protection of the Environment

Licensing in the field of protection of the environment is carried out by specially authorized republican bodies of state administration in accordance with the legislation of the Republic of Belarus on licensing.

 

CHAPTER 5
REGULATION, ENSURING THE UNIFORMITY OF MEASUREMENTS, TECHNICAL STANDARDIZATION AND STANDARDIZADION IN THE SPHERE OF THE ENVIRONMENT PROTECTION, ECOLOGICAL CERTIFICATION

 

Article 18. Regulation in the Sphere of Protection of the Environment

Regulation in the sphere of protection of the environment is carried out for the purposes of state regulation of influence of economic and other activity on the environment guaranteeing the preservation of favorable environment and provision of ecological security.

Regulation in the sphere of protection of the environment consists in establishing the norms of quality of the environment, norms of permissible influence on environment, limits on nature management and also other norms in the sphere of protection of the environment.

Norms of quality of environment, norms of permissible influence on environment and also other norms in the sphere of protection of the environment are elaborated, fixed and introduced on the basis of modern achievements of science and technology with consideration of international rules and standards in the sphere of protection of the environment.

Norms of quality of environment and norms of permission influence on environment and also other norms in the sphere of protection of the environment are established by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus, Ministry of Health of the Republic of Belarus and other specially authorized republican bodies of state administration according to their competence.

 

Article 19. Main Requirements to Elaboration of the Norms in the Sphere of Protection of the Environment

The main requirements to elaboration of norms in the sphere of protection of the environment are the following:

establishing the grounds of their elaboration;

conducting the scientific research works on their grounding;

estimation and prediction of ecological, social, economic consequences of their application;

other requirements established by the legislation of the Republic of Belarus.

 

Article 20. Norms of Quality of the Environment

Norms of quality of the environment are established on the level providing the ecological security and are applied for the estimation of the state of the environment and rationing the permissible influence on it.

The following are included into the norms of quality of environment:

norms of limit permissible concentration of chemical and other substances;

norms of limit permissible physical influences;

norms of limit permissible concentration of micro-organisms;

other norms of the quality of the environment.

Norms of quality of the environment are approved and brought into effect by the Ministry of Health of the Republic of Belarus under agreement with the Ministry of natural resources and protection of the environment of the Republic of Belarus, other state bodies according to the legislation of the Republic of Belarus.

Stricter standards of quality of the environment than those operating in other territories may be established in the specially protected natural territories, natural territories being subject to special protection, and territories of the biosphere reserves.

 

Article 21. Norms of Permissible Influence on Environment

For purpose of prevention of harmful influence on environment of economic and other activity for the legal persons and individual entrepreneurs (nature-users) the following kinds of norms of permissible influence on environment are established:

norms of permissible exhausts and effluents of chemical and other substances;

norms of creation of industrial wastes;

norms of permissible physical influences (amount of heat, levels of noise, vibration, ionizing radiation, electro-magnetic field strength and of other physical influences);

norms of permissible extraction of natural resources;

norms of permissible anthropogenic burden on environment;

norms of other permissible influence on environment at carrying out economic and other activity established by the legislation of the Republic of Belarus.

Norms of permissible influence on environment shall provide the observance of norms of quality of environment with consideration of peculiarities of territories.

 

Article 22. Norms of Permissible Exhausts and Effluents of Chemical and Other Substances

Norms of permissible exhausts and effluents of chemical and other substances are established for stationary and mobile sources of influences on environment based on norms of permissible anthropogenic burden on environment, norms of quality of environment and also technological norms.

Technological norms are established for stationary and mobile sources on the base of the best available technical methods and technologies providing the fulfillment of the requirements in the sphere of environment with the consideration of economic and social factors.

At impossibility of observance of norms of permissible exhausts and effluents of chemical and other substances the temporary norms on such exhausts and effluents can be established on the basis of permissions issued by the Ministry of natural resources and protection of the environment of the Republic of Belarus and its territorial bodies and being in effect only in condition of simultaneous conducting of measures on protection of the environments, introduction of technologies providing the fulfillment of requirements in the sphere of protection of the environment and/or realization of other nature protection measures with consideration of step-by-step achievement of the fixed norms of permissible exhausts and effluents of chemical and other substances.

 

Article 23. Norms of Creation of Industrial Wastes

Norms of creation of industrial wastes are established for the purposes of prevention of their harmful influence on the environment in accordance with the legislation of the Republic of Belarus on wastes handling.

 

Article 24. Norms of Permissible Physical Influence

Norms of permissible physical influence (amount of heat, levels of noise, vibration, ionizing radiation, electro-magnetic field strength and other physical influences) are established for every source of such influence on the basis of the norms of quality of environment and with consideration of influence of other sources of physical influences.

 

Article 25. Norms of Permissible Extraction of Natural Resources

Norms of permissible extraction of natural resources are the norms established in accordance with the limits of volume of their extraction for the purposes of preservation of natural and nature-anthropogenic objects, provision of stable functioning of natural ecological systems and prevention of their degradation.

Norms of permissible extraction of natural resources and order of their establishment are determined by the legislation of the Republic of Belarus on protection of the environment and rational usage of natural resources.

 

Article 26. Norms of Permissible Anthropologic Burden on Environment

Norms of permissible anthropogenic burden on environment are established for the legal persons and individual entrepreneurs carrying out economic and other activity for the purposes of regulation of total influence of all stationary and mobile sources of influence on environment placed within the concrete territory.

Norms of permissible anthropogenic burden on environment are established on every kind of influence of economic and other activity o environment and total influence of all sources situated on these territories.

At establishing the limits of permissible anthropogenic burden on environment the natural peculiarities of concrete territories are considered.

 

Article 27. Limits on Nature Management

The limits on nature management are the established for the nature-users for a certain period of time, volumes of limit usage (extraction, mining) of natural resources, exhausts and effluents of contaminating substances, storage and burial of wastes and other kinds of harmful influence on the environment.

The limits on nature management shall be established in accordance with the legislation of the Republic of Belarus on the treatment of waste as well as in the area of sustainable use of natural resources.

 

Article 28. Other Norms in the Sphere of Protection of the Environment

For the purposes of state regulation of influence of economic and other activity on the environment, estimation of quality of environment in compliance with the present Law and other normative legal acts of the Republic of Belarus other norms in the sphere of protection of the environment can be established.

 

Article 29. Measurements in the Sphere of the Protection of the Environment

 The measurements in the sphere of the in the sphere of the protection of the environment shall be exercised:

 

at carrying out of the control in the sphere of the protection of the environment, sustainable use of natural resources, as well as analytical (laboratory control in the sphere of the protection of the environment;

to receive ecological information;

to evaluate influence on the environment of the objects at their placement, projecting, construction, start-up and exploitation;

to establish normative in the sphere of the protection of the environment and sustainable use of natural resources;

to evaluate the effectiveness of the activities on protection of the environment;

for other purposes connected with the protection of the environment and sustainable use o natural resources.

The measurements in the sphere of the protection of the environment shall be performed by the test laboratories (centers), accredited in the order established by the legislation of the Republic of Belarus on the evaluation of compliance of objects with the requirements of technical normative legal acts in the sphere of technical measurement and standardization, and carrying out activities in accordance with the legislation of the Republic of Belarus in the sphere of the insurance of the uniformity of measurements.

 

Article 30.Technical Normative Legal Acts in the Sphere of Protection of the Environment

Technical normative legal acts in the sphere of protection of the environment establish the requirements (norms, rules) in the sphere of protection of the environment to the goods (works, services), technological processes and relevant methods of control.

Technical normative legal acts in the sphere of protection of the environment are elaborated with consideration of scientific technical achievements and requirements of international rules and standards.

In the technical normative legal acts on new machines, technology, materials, substances and other production, technological protection, storage, transportation, usage of these productions in particular after their transmission to the category of wastes, the requirements, norms and rules in the sphere of protection of the environment are considered.

 

Article 31. Ecological Certification

Ecological certification is carried out in accordance with the legislation of the Republic of Belarus by certification bodies accredited in the National system of accreditation of the Republic of Belarus.

Objects of the ecological certification are:

system of the management of environment;

production;

competence of the personnel in performing works, services in the field of the protection of the environment

rendering of services in the field of the protection of the environment

other objects in the sphere of the protection of the environment in accordance with the legislation of the Republic of Belarus .

State regulation in the field of ecological certification is carried out by the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, State committee on standardization of the Republic of Belarus and Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus.

The scientific and methodical management on ecological certification in the Republic of Belarus is carried out by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus.

CHAPTER 6
REQUIREMENTS IN THE SPHERE OF PROTECTION OF THE ENVIRONMENT

 

Article 32. General Requirements in the Sphere of Protection of the Environment at Placing, Projecting, Building, Reconstruction, Introduction into Exploitation, Exploitation, Conservation, Dismantling and Demolition and of Buildings, Constructions and Other Objects

At placing, projecting, building, reconstruction, introduction into exploitation, exploitation, conservation, dismantling and demolition of buildings, constructions and other objects the legal persons and individual entrepreneurs are obliged to provide the favorable state of the environment and to provide:

preservation, renewal and/or improvement of the environment;

reduction (prevention) of harmful influence on environment;

implementation of the best available technical methods, low-waste, energy and resources spare technologies;

rational (sustainable) use of natural resources;

prevention of accidents and other emergency situation;

material, financial and other assessments on compensation of possible harm to the environment;

financial guarantees of carrying out of planned measures on protection of the environment.

 

Article 33. Requirements in the Sphere of Protection of the Environment at Placing Buildings, Constructions and Other Objects

At placing buildings, constructions and other objects the fulfillment of requirements in the sphere of protection of the environment with consideration of closest and further ecological, economic, demographic and other consequences of exploitation of the mentioned objects and observance of priority of preservation of favorable environment, biological and landscape diversity, rational (sustainable) usage of natural resources and their restoration shall be provided.

The choice of sites of placing of buildings, constructions and other objects is carried out with the observance of requirements of legislation of the Republic of Belarus.

 

Article 34. Requirements in the Sphere of Protection of the Environment at Elaboration of Projects of Building, Reconstruction, Conservation, Dismantling and Demolition of Buildings, Constructions and Other Objects

At elaboration of projects of building, reconstruction, conservation, dismantling and demolition of buildings, constructions and other objects the norms of permissible anthropogenic burden on environment shall be considered, the measures on prevention and liquidation of contamination of environment and also methods of waists management shall be provided, resources-economy, the best available technical methods, low-waste and wasteless technologies contributing to protection of the environment, to restoration of natural environment, rational (sustainable) usage of natural resources and their restoration shall be used.

The reduction of cost or exclusion from the project works and from the approved project of the planned measures on protection of the environment at projecting the building, reconstruction, conservation, dismantling and demolition of buildings, constructions and other objects is prohibited.

The project of building, reconstruction, conservation, dismantling or demolition of buildings, constructions and other objects subject to state ecological expert examination and having not received the positive resolution is not subject to approval and works on its realization are not financed, unless otherwise provided by the President of the Republic of Belarus.

 

Article 35. Requirements in the Sphere of Protection of the Environment at Building and Reconstruction of Buildings, Constructions and Other Objects

Building and reconstruction of buildings, constructions and other objects shall be fulfilled under the approved in the established order project, unless otherwise provided by the President of the Republic of Belarus, and also of sanitary, anti-fire, building and other requirements of legislation of the Republic of Belarus.

Building and reconstruction of building, construction and other objects before the approval of project and before the allocation of the land in kind, unless otherwise provided by the President of the Republic of Belarus, and also changing the approved project to the detriment to requirements in the sphere of protection of the environment is prohibited.

At fulfillment of building and reconstruction of buildings, constructions and other objects all the measures on protection of the environment, improvements of territory, protection of historico-cultural values, collection and other management of wastes and other measures on prevention of harmful influence of environment provided in project are taken.

 

Article 36. Requirements in the Sphere of Protection of the Environment at Introduction of Buildings, Constructions and Other Objects into Exploitation

Introduction into exploitation of buildings, construction and other objects is carried out in condition of fulfillment of all works on protection of the environment, improvement of territories provided in the project in compliance with the legislation of the Republic of Belarus.

Introduction into exploitation of buildings, constructions and other objects not equipped with the devices of registration and control, with technical means on purifying, neutralizing of exhausts and effluents of contaminating substances, usage or neutralizing the wastes providing the fulfillment of requirements established in the sphere of protection of the environment is prohibited.

The chiefs and members of the commissions on acceptance of buildings, constructions and other objects to exploitation bear responsibility for the acceptance of buildings, constructions and other objects not meeting the requirements in the sphere of protection of the environment according to the legislation of the Republic of Belarus.

 

Article 37. Requirements in the Sphere of Protection of the Environment at Exploitation of Buildings, Constructions and Other Objects

Legal persons and citizens that carry out the exploitation of buildings, constructions and other objects are obliged to observe the technological norms and other requirements in the sphere of protection of the environment.

Legal persons and citizens that carry out the exploitation of buildings, constructions and other objects shall provide the observance of norms of quality of the environment on the basis of implementation of technological means and technologies of neutralization and usage of wastes of manufacturing, neutralization of exhausts and effluents of contaminating substances and also other technologies providing the fulfillment of requirements in the sphere of protection of the environment.

At exploitation of buildings, constructions and other objects the legal persons and individual entrepreneurs are obliged to conduct the ecological passport of enterprise. Ecological passport of enterprise is considered to be a document including the data on usage of resources (natural and derivative) by the legal person or individual entrepreneurs that carry out the economic and other activity, and estimation of influence of the manufacturing on the environment. The order of conduction of ecological passport of enterprise is established by the Ministry of natural resources and protection of the environment.

 

Article 38. Requirements in the Sphere of Protection of the Environment at Liquidation of Legal Person or Liquidation of Legal Person or Termination of Activity of the Individual Entrepreneurs

At liquidation of a legal person or termination of activity of an individual entrepreneur, including as a result of their being recognized insolvent (bankrupt), which carry out activity connected with harmful influence on environment, the ecological audit and estimation of harm caused to the environment as the result of activity of such legal person or individual entrepreneur are conducted in an obligatory manner, measures on compensation of harm caused to the environment are taken, and also measures on restoration of the environment according to the legislation of the Republic of Belarus are elaborated and taken.

 

Article 39. Requirements in the Sphere of Protection of the Environment at Placing, Projecting, Building, Reconstruction, Introducing into Exploitation and Exploitation of Objects of Power Engineering

At projecting and building of heat power plants their equipment with the means of purifying of exhausts and effluents of contaminating substances providing the fulfillment of requirements in the sphere of protection of the environment, usage of ecological safe kinds of fuel and safe placement of wastes of industry and also measures on reduction of creation and ejection of gases influencing the climate into the environment shall be provided.

At placing, projecting, building, reconstruction, introduction into exploitation and exploitation of hydropower plants the peculiarities of relief shall be considered, the measures on maximal perseverance of water objects, water collectors, land (including soils), forests, inhabited localities, natural ecological systems, biological and landscape diversity, functioning of the highly protected natural territories, natural territories being subject to special protection, and biosphere reserves shall be provided, and also measures on timely stoking-up and export of timber, taking down the fertile layer of soil at cleaning and sinking the bed of water storages and other necessary measures on non-admission of harmful changes of environment, saving the water regime providing more favorable conditions for restoration of water biological resources shall be taken.

At placing, projecting, building, reconstruction, introduction into exploitation and exploitation of nuclear plants the protection of the environment form the radiation influence of this plant shall be provided, the established order and technological norms, requirements of specially authorized republican bodies of state administration that carry out the state inspection in the sphere of provision of nuclear and radiation security shall be observed, and also the measures on provision of full radiation security of the environment and population according to the legislation of the Republic of Belarus and generally accepted principles and norms of international law shall be taken, the training and improving the qualification of workers' of nuclear plants shall be provided.

Placing the nuclear plants is carried out at presence of positive resolutions of state ecological expert examination and other state expert examination provided under the legislation of the Republic of Belarus and confirming the ecological and radiation safety of nuclear plants for the projects and other grounding materials.

Projects of placing and building of nuclear plants shall contain the decisions providing the safe withdrawal from exploitation and safe management with the radioactive wastes.

 

Article 40. Requirements in the Sphere of Protection of the Environment at Placing, Projecting, Building, Reconstruction, Introduction into Exploitation, Exploitation, Conservation and Liquidation of Military and Defense Objects, Armament and Military Machines

The requirements in the sphere of protection of the environment at placing, projecting, building, reconstruction, introduction into exploitation, exploitation, conservation and liquidation of buildings, constructions and other objects are fully expanded to military and defense objects, armament and military machines.

 

Article 41. Requirements in the Sphere of Protection of the Environment at Exploitation of Objects of Agriculture

Legal persons and citizens that carry out the exploitation of objects of agriculture are obliged to carry out the measures on protection of lands (including soils), bowels, waters, free air, forests, objects of flora and fauna, comply with the regime of the protection and usage of the highly protected natural territories, natural territories being subject to special protection, and biosphere reserves.

Legal persons and individual entrepreneurs that carry out the production, stoking-up and processing of agricultural products and also the service and repair of agricultural machines, storage of combustive-lubricating materials, organic and mineral fertilizers, means of plants' protection, stimulators growth and other preparations shall have sanitary protective zones around the industrial objects and purifying constructions providing the fulfillment of requirements in the sphere of protection of the environment.

 

Article 42. Requirements in the Sphere of Protection of the Environment at Melioration of Lands, Placing, Projecting, Building, Reconstruction, Introduction into Exploitation and Exploitation of Melioration Systems and Hydro-Technical Constructions Located Separately

At carrying out the melioration of lands, placing, projecting, building, reconstruction, introduction into exploitation and exploitation of melioration systems and hydro-technical constructions located separately the legal persons and individual entrepreneurs shall take measures on providing the hydro-economic balance and economical usage of waters, protection of lands (including soils), forests, preservation of the biological and landscape diversity, adherence to the regime of the protection and usage of highly protected natural territories, natural territories being subject to special protection, and biosphere reserves, and also prevention of other harmful influence on environment at carrying out the melioration measures. Melioration of lands shall not lead to worsening the state of environment, breach of stable functioning of natural ecological systems.

 

Article 43. Requirements in the Sphere of Protection of the Environment at Placing, Projecting, Building and Reconstruction of Inhabited Localities

At placing, projecting, building and reconstruction of inhabited localities the requirements in the sphere of protection of the environment providing the favorable environment for life and health of citizens shall be observed, as well as preservation of the natural ecological systems, biological and landscape diversity.

Objects of economic and other activity shall be placed with the consideration of requirements in the sphere of protection of the environment and also sanitary, anti-fire, building and other requirements of the legislation of the Republic of Belarus and complying with the regime of the protection and usage of the highly protected natural territories, natural territories being subject to special protection, and biosphere reserves.

At panning and building of inhabited localities the measures on preservation and restoration of environment shall be provided, the requirements in the sphere of protection of the environment shall be observed, measures on purifying of sewages, sanitary cleaning, collection, transportation, usage and/or neutralization of wastes, observance of norms of permissible exhausts and effluents of chemical and other substances and also on re-cultivation of lands, improvement of territories and other measures providing the ecological safety shall be taken.

Around the inhabited localities the green zones are created, the legal regime of which is established by the legislation of the Republic of Belarus. The sizes of green zones are determined at elaboration of schemes and projects of regional planning of administrative-territorial units, general plans, projects of detailed planning and building, projects of improvements of inhabited localities and other projects with consideration of number of citizens and natural-climate conditions.

Organization of inhabited localities and territories shall be carried out according to the architectural and town-planning projects where the measures on greening and other management with the objects of fauna providing the favorable environment for live and health of citizens shall be carried out.

The management with the objects of flora located on lands of inhabited localities is carried out in compliance with the legislation of the Republic of Belarus on flora, housing and communal services, in the sphere of architectural, urban planning and construction activity.

Liquidation (removal) including felling without relevant permission and/or damaging the objects of flora in the inhabited localities, green zones around the inhabited localities, town woods and sanitary-protective zones is prohibited.

 

Article 44. Requirements in the Sphere of Protection of the Environment to the Movable Sources

Legal persons and citizens at projecting, production, exploitation, repair and technical service of mobile sources are obliged to elaborate and carry out measures on reduction of toxicity, smoggy of processed gases, purifying or neutralization of exhausts and effluents of contaminating substances into the environment, transition to less toxic kinds of fuels and other measures directed to prevention and reduction of harmful influence on environment.

The production and/or exploitation of mobile sources, where the content of the contaminating substances in the exhausts and levels of other harmful physical influences on environment exceed the fixed norms are prohibited.

 

Article 45. Requirements in the Sphere of Protection of the Environment at Placing, Projecting, Building, Reconstruction, Introduction into Exploitation, Exploitation and Liquidation of Objects of Extraction, Processing, Transportation, Storage and Realization of Oil, Gas and Products of their Processing

Placing, projecting, building, reconstruction, introduction into exploitation, exploitation and liquidation of objects of extraction, processing, transportation, storage and realization of oil, gas and products of their processing shall be carried out in compliance with the requirements in the sphere of protection of the environment, sanitary, anti-fire and other requirements of the legislation of the Republic of Belarus and in compliance with the regime of the protection and usage of the highly protected natural territories, natural territories being subject to special protection, and biosphere reserves.

At placing, projecting, building, reconstruction, introduction into exploitation, exploitation and liquidation of, of the objects of extraction, processing, transportation, storage and realization of oil, gas and products of their processing the measures on purifying and neutralization of wastes of industry and collection of oil (accompanying) gas and accompanying waters, re-cultivation of lands, decreasing the harmful influence on environment and also on compensating the harm to the environment caused in the process of building and/or exploitation of mentioned objects in the result of infringement of legislation of the Republic of Belarus on protection of the environment shall be provided.

Building and exploitation of the objects of extraction, processing, transportation, storage and realization of oil, gas and products of their processing (including those on the surface water objects) are allowed at presence of projects of restoration of contaminated lands, positive resolutions of state ecological expert examination and financial guarantees of realization of these projects.

 

Article 46. Requirements in the Sphere of Protection at the Production of Dangerous Chemical Substances, Their Management and Their Neutralization

Production of dangerous chemical substances and their management is allowed on the territory of the Republic of Belarus after conducting the necessary toxic-hygienic and toxicological research of these substances, establishment of order of their management with observance of requirements in the sphere of protection of the environment and state registration of these substances in order established by the legislation of the Republic of Belarus.

Neutralization of dangerous chemical substances is carried out at presence of project and technological documentation, agreed in order established by the legislation of the Republic of Belarus.

 

Article 47. Requirements in the Sphere of Protection of the Environment at Usage of Radioactive Substances

Legal persons and individual entrepreneurs are obliged to observe the rules of production, storage, transportation, usage, burial of radioactive substances (sources of ionizing radiation), not to allow the exceeding of norms of limit permissible level of radiation influence and in case of their exceeding to inform the specially authorized republican bodies of state administration, local executive and administrative bodies on exceeding level of radiation dangerous to the environment and health of citizens without delay, take measures on liquidation of center of radiation contamination.

Legal persons and individual entrepreneurs that do not provide the observance of rules of management with the radioactive substances and also with radioactive wastes bear responsibility in compliance with the legislation of the Republic of Belarus.

Import of the sources of ionizing radiation on the territory of the Republic of Belarus from other states for the purposes of their storage, utilization or burial is prohibited. Transit or import of sources of ionizing radiation for other purposes is carried out in order established by the legislation of the Republic of Belarus.

Burial of sources of ionizing radiation on surface of land and in bowels without taking measures on exclusion of possibility of accidental ingress of sources of ionizing radiation or their separate components into the environment is prohibited.

Burial of sources of ionizing radiation in water objects, on highly protected territories, on territories being subject to special protection, and territories of biosphere reserves is prohibited.

 

Article 48. Requirements in the Sphere of Protection of the Environment at Usage of Chemical Substances in Agriculture and Forestry

Legal persons and citizens are obliged to carry out the rules of production, storage, transportation and usage of chemical substances used in agriculture and forestry, and also the requirements in the sphere of protection of the environment and take measures on prevention of harmful influence of economic and other activity and liquidation of its negative consequences for provision of quality of environment, stable functioning of natural ecological systems and preservation of biological and landscape diversity, functioning of the highly protected natural territories, natural territories being subject to special protection, and biosphere reserves.

The usage of toxic chemical substances not exposed to the decay is prohibited.

 

Article 49. Requirements in the Sphere of Protection of the Environment to the Activity That Has or May Have Harmful Biological Influence on Environment

Introduction, acclimatization, growing, cultivation of plants, animals not peculiar to the ecological systems and also created in artificial way without elaboration of measures on prevention of their harmful influence on natural ecological systems, reception of positive resolutions of relevant expert examination and/or permissions in compliance with the legislation of the Republic of Belarus.

At placing, projecting, building, reconstruction, introduction in exploitation, exploitation and liquidation of dangerous industrial objects, application of technologies connected to harmful influence of micro-organisms on environment the requirements and norms in the sphere of protection of the environment including the norms of limit permissible concentrations of micro-organisms, technical normative legal acts in the sphere of protection of the environment shall be observed.

Legal persons and individual entrepreneurs that carry out activity connected with possibility of harmful influence of micro-organisms on environment are obliged to provide ecologically safe production, transportation, usage, storage, placing and neutralization of micro-organisms, elaborate and carry out measures on prevention of accidents and catastrophes, prevention and liquidation of consequences of harmful influence of micro-organisms on environment.

Requirements in the sphere of management with the genetic changeable organisms are established by the legislation of Republic of Belarus in the sphere of biological safety and genetic engineering activity.

 

Article 50. Requirements in the Sphere of the Environment Protection at Management of Wastes

Legal persons and citizens, economic and other activity of which is connected with wastes management, are obliged to observe the requirements in the sphere of protection of the environment and also sanitary, anti-fire and other requirements established by the legislation of the Republic of Belarus.

The relations appearing in the process of wastes management are regulated by the legislation on wastes handling and by other legislation of the Republic of Belarus.

 

Article 51. Requirements in the Sphere of Protection of the Environment to the Sources Having Harmful Physical Influence

Legal persons and citizens, activity of which is connected with usage of sources of physical influences and also local executive and administrative bodies are obliged to take necessary measures on prevention and liquidation of harmful influence of noise, vibration, electric, electro-magnet, magnet fields and other harmful physical influences on environment, including in industrial, public and dwelling buildings, on the streets, in the yards, on the squares of towns and other inhabited localities, in zones of recreation and other public places, in sites of habitation of wild animals, including in the sites of their reproduction, on natural ecological systems and typical and rare natural landscapes and biotopes.

For theses purposes the following shall be carried out:

improvement of constructions of automobile, railroad, air, sea and river transportation means, agricultural, road and building machines and other movable means and plants equipped with the rotary-piston engines and means of their exploitation and also the quality of maintenance of railroads and tramways, automobile roads and street network of the inhabited localities;

placing the airdromes, airports and other objects, exploitation of equipment that are the sources of noise, on the distance providing ecological safety of the inhabited localities;

special noise protection measures.

Exploitation of buildings, constructions, and other objects having the sources of physical influence that exceed the norms of permissible physical influences is prohibited.

 

Article 52. Requirements in the Sphere of Protection of the Environment at Conducting of Scientific Research, Experimental Constructional and Technological Works

At conducting fundamental and applied scientific research, experimental constructional and technological works the requirements in the sphere of protection of the environment shall be considered.

Usage of inventions and usage of machines, equipment, material and technologies leading to the infringement of the requirements in the sphere of protection of the environment is prohibited.

 

Article 53. Requirements in the Sphere of Protection of the Environment at Establishing the Safety and Protection Zones

For the purposes of provision of stable functioning of natural ecological systems, protection of natural complexes, natural landscapes and biotopes, and particularly protected natural territories from the contamination and other harmful influence of economic and other activity the safety and protection zones can be established.

The order of establishment, creation of safety and protection zones, their legal regime is determined by the legislation of the Republic of Belarus.

 

Article 54. Requirements in the Sphere of Protection of the Environment at Privatization of Enterprises as Property Complexes of State Unitary Enterprises

At privatization of enterprises having the harmful influence on environment as property complexes of state unitary enterprises, conducting measures on protection of the environment and compensation of harm caused to the environment is provided shall be ensured.

At privatization of enterprises as property complexes of state unitary enterprises the plants and equipment designed for the protection of the environment are considered indivisible with the object of privatization.

 

CHAPTER 7
PROTECTION OF THE OZONE LAYER.
REGULATION OF INFLUENCE ON CLIMATE

 

Article 55. Provision of Protection of the Ozone Layer

The protection of the ozone layer form the ecologically dangerous change of its state is provided:

by organization of observance, registration and control of change of the state of the ozone layer under the influence of the economic and other activity;

by limiting or full stoppage of usage of substances destroying the ozone layer;

by application of the economic mechanism of protection of ozone layer;

by application of measure of responsibility for the infringement of the legislation of the Republic of Belarus on the protection of the ozone layer.

The protection of the ozone layer is carried out in compliance with the legislation of the Republic of Belarus.

 

Article 56. Responsibility of Legal Persons and Individual entrepreneurs that Carry Out Economic and Other Activity Connected with Exhausts of Greenhouse Gases into the Free Air

Legal persons and individual entrepreneurs carrying out the economic and other activity connected with the exhausts of greenhouse gases in free air are obliged to reduce the number of exhausts of these gases and/or other substances contributing to their creation, accumulation of which in the atmosphere can lead to the change of the climate.

 

Article 57. Regulation of the Influence on Climate

Any economic and other activity, the consequences of which lead or can lead to the change of climate, shall be carried out with the observance of the legislation of the Republic of Belarus on protection of the environment.

The fulfillment of measures on regulation of influence on the climate shall not lead to the harmful influence on harmful influence on environment.

 

CHAPTER 8
ESTIMATION OF INFLUENCE ON ENVIRONMENT.
ECOLOGICAL EXPERT EXAMINATION

 

Article 58. Evaluation of Impact on the Environment

The evaluation of impact on the environment shall be carried out at the elaboration of the project documentation on the planned economic and other activity towards the objects in the list established by the legislation of the Republic of Belarus on the state ecological expert examination.

The order of the performance of the evaluation of impact on the environment, list of materials attached to the report on the evaluation of the impact on the environment, requirements to the materials and content of the report on the results of the carrying out of such evaluation shall be established by the legislation of the Republic of Belarus on state ecological expert examination.

 

Article 59. Ecological Expert Examination

Ecological expert examination is conducted for the purposes of determination of compliance or noncompliance of the project or other documentation on the planned economic and other activity with the requirements of the legislation of the Republic of Belarus on the protection of the environment and rational usage of natural resources.

In the Republic of Belarus the state ecological expert examination and public ecological expert examination are conducted.

 

Article 60. State Ecological Expert Examination

State ecological expert examination is organized and conducted by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus or by regional (Minsk city) committees of natural resources and protection of the environment.

The list of objects of the state ecological expert examination and order of its conduct shall be defined by the legislation of the Republic of Belarus on state ecological expert examination.

 

Article 61. Public Ecological Expert Examination

Public ecological expert examination is organized and conducted on the initiative of public associations and citizens by the independent specialists, who in order established by the legislation of the Republic of Belarus have the right to receive form the customer (initiator of the planned economic and other activity) documentation subject to public ecological expert examination including the material on estimation of influence on environment and also other materials necessary for conducting of the public ecological expert examination.

The resolution of the public ecological expert examination can be send to bodies that conduct the state ecological expert examination, local executive and administrative bodies and also to other interested persons and has the recommendation character.

The financing of the public ecological expert examination is accomplished at the expense of its initiators—public associations and/or citizens.

The order of the conduct of the public ecological expert examination shall be established by the Council of Ministers of the Republic of Belarus.

 

CHAPTER 9
NATURAL COMPLEXES AND OBJECTS SUBJECT TO PARTICULAR OR SPECIAL PROTECTION, NATIONAL ECOLOGICAL NETWORK, BIOSPHERE RESERVES

 

 

Article 62. Specially Protected Natural Territories

Unique, model or other valuable natural complexes and objects having a special ecological, scientific and/or esthetic importance are subject to special protection. For the protection of such natural complexes and objects the specially protected natural territories are declared.

Declaring, transformation or discontinuing of functioning of specially protected natural territories are carried out in accordance with the legislation of the Republic of Belarus on specially protected natural territories.

 

Article 63. Natural Territories Being Subject to Special Protection

For the purposes of preservation of the useful qualities of the environment in the Republic of Belarus the following territories being subject to special protection shall be distinguished:

resort zones,

zones of rest,

parks, squares and boulevards;

water protection zones and coastal strips of rivers and water bodies,

zones of sanitary protection of deposits of medicinal mineral waters and medicinal silts,

zones of sanitary protection of water objects used for the economic and drinking water supply, zones of sanitary protection in the places of water scoop,

forests of the first group, specially protective forest plots of the second group;

typical and rare natural landscapes and biotopes;

bogs, swamps, being the sources of water streams;

 

places of habitat of wild animals and places of growth of wild plants, belonging to the types included into the Red Book of the Republic of Belarus,

natural territories important for breeding, feeding, wintering and/or the migration of wild animals,

protection zones of highly protected natural territories;

other territories for which the special regime of protection and usage is established.

 

On the natural territories being subject to special protection, restrictions and limitations can be established over carrying out certain types of economic and other activity, being indicated in the documents, certifying the rights to use a land plot, forest fund plot, water object (its part), plot of subsoil, hunting and/or fishing grounds. These restrictions and limitations are taken into account for developement and implementation of:

projects and projects and land management schemes;

urban development projects;

sectoral allocation schemes and development of production and objects of transport and engineering infrastructure;

land reclamation projects;

projects on water protection zones and coastal strips of water bodies;

republican complex scheme of placement of fishing grounds;

biological and economic feasibility of fishing grounds;

fish breeding and biological studies;

forest management projects;

hunt management projects;

biological and economic feasibility of hunting grounds;

planning of recreation areas.

The legal regime of a special protection of territories, listed in the part one of this Article, shall be established by the legislation of the Republic of Belarus.

 

Article 631. National Ecological Network

The formation and functioning of the national ecological network is carried out based on watersheds (pools of water bodies), the requirements for the formation and functioning of ecological networks established by international treaties of the Republic of Belarus, and in accordance with the scheme of the national ecological network.

The requirements to the content of the scheme of the national ecological network and criteria of the selection of the territories for the inclusion into the national ecological network shall be established by the Council of Ministers of the Republic of Belarus with the consent of the President of the Republic of Belarus.

The project of the scheme of the national ecological network of the Republic of Belarus shall be elaborated by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus together with the National Academy of sciences of Belarus, regional executive and regulatory bodies, other interested state bodies, other state organizations.

The scheme of the national ecological network shall be approved by the President of the Republic of Belarus.

The approved scheme of the national ecological network shall be taken into consideration at the elaboration and realization of the scheme of the rational placing of the highly protected natural territories of the republican importance, regional schemes of the rational placing of the highly protected natural territories of the local importance, projects and schemes of the land management, city building projects, field schemes of placing and development of the industry and objects of transport and engineer infrastructure, projects of the land development, projects of water protection zones and coastal strips of water objects, republican complex layout of placing of fishing grounds, forest management projects, hunting projects, and planning of recreation areas.

 

Article 632. Elements of the National Ecological Network

The national ecological network consists of the zones of the core, ecological corridors and protected zones.

The zones of the core include separate highly protected natural territories (their parts) and/or natural territories subject to special protection (their parts), providing the preservation of the natural ecological systems, biological and landscape diversity.

The ecological corridors include separate natural territories, being subject to special protection (their parts), not included into the zones of the core, providing the connection between the zones of the core. The ecological corridors may include as well separate highly protected natural territories or their parts, if they are important for the settlement and/or migration of wild animals.

The protected zones include separate natural territories, being subject to special protection, not being included into the zones of the core and ecological corridors, providing the prevention or smoothing the harmful impact on the natural complexes and objects, situated in the zones of the core and ecological corridors.

Specially protected natural territories and natural territories being subject to special protection, included into the national ecological network function under the regime of the protection and usage, established for these territories at their announcement (separation) or transformation.

 

Article 633. Biosphere Reserves

The announcement of the biosphere reserve is carried out on the decision of the regional executive and regulatory body, the territories of which are to be included into the content of the biosphere reserve, on the base of the proposal of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus, concordant with the National Academy of sciences of Belarus, other interested state bodies, other state organizations. In case if in the content of the biosphere reserve it is planned to include the territories of the two or more regions, the announcement of the biosphere reserve shall be performed on the joint decision of the regional executive and regulatory bodies, the territories of which it is planned to include. The decision (joint decision) on the announcement of the biosphere reserve shall establish as well the borders, area and content of land of the biosphere reserve, its zones and the provision on the biosphere reserve.

The provision on the biosphere reserve shall determine the regime of the protection and usage of the biosphere reserve. The highly protected natural territories and natural territories being subject to special protection, included into the content of the biosphere reserve, function under the regime of the protection and usage, established for these territories at their announcement (separation) or transformation.

Functioning of the biosphere reserve shall be terminated upon the decision of the regional executive and regulatory body, taken such a decision on its announcement. In case if the content of the biosphere reserve includes the territories of two or more regions, the functioning of the biosphere reserve shall be terminated on the joint consent of the regional executive and regulatory bodies, taken decision on its announcement.

The biosphere reserves can be included into the world network of the biosphere reserves in accordance with the international treaties of the Republic of Belarus.

 

Article 634. Structure of the Biosphere Reserve

Within the borders of the biosphere reserve there is a main, buffer and transfer zones.

The main zone includes separate highly protected natural territories (their parts) and/or natural territories being subject to special protection (their parts), which provide the preservation of the natural ecological systems. biological and landscape diversity.

The buffer zone includes separate highly protected territories (their parts) and/or natural territories being subject to special protection (their parts), not being included into the content of the main zone, providing the prevention or smoothing of the harmful impact on the main zone. The buffer zone is situated around the main zone or is adjusted to it.

The structure of the transfer zone includes the territories not being included into the structure of the main and buffer zones, which being specifically stimulated by rational (sustainable) use of natural resources by means of the implementation of the elements of the economic mechanism of the protection of the environment and nature management as provided by the Chapter 14 of this law, in order to ensure reforestation and afforestation, protection of waters and objects of flora and fauna, use in economic and other activities of the renewable energy sources, the implementation of other best available technical methods, development of the agroecotourism, implementation in the agriculture of the crop rotation schemes, excluding the need for chemical fertilizers and pesticides, as well as for other purposes, to ensure environmental safety, conservation and restoration of the biological diversity, natural resources and objects.

Each of the zones of the biosphere reserve may be territorially separated and consist of several plots, situated in different places of the biosphere reserve.

Article 635. Management of the Biosphere Reserve

In order to manage the biosphere reserve on the decision of the regional executive and regulatory body, taken the decision on the announcement of the biosphere reserve, it is necessary to create a coordinating council on the biosphere reserve management. In case if the structure of the biosphere reserve includes the territories of two or more regions, regional executive and regulatory bodies, the territories of which are included into the structure of the biosphere reserve, shall be taken a joint decision on creation of the coordinating council on the biosphere reserve management. The decision of the regional executive and regulatory body (joint decision of the regional executive and regulatory bodies) on creation of the coordinating council on the biosphere reserve management also establishes the regulations of this council and its personnel structure.

The structure of the coordinating council on the biosphere reserve management includes the representatives of the state bodies, other state organizations, which posses in managmenet highly protected natural territories, and other interested state bodies, other state organizations.

Article 636. Typical and Rare Natural Landscapes and Biotopes and Their Protection

The typical and rare natural landscapes and biotopes are natural landscapes and biotopes included into the list of typical and rare natural landscapes and biotopes, approved by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus in accordance with the established criterion.

In order to protect the typical and rare natural landscapes and biotopes the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus organizes the work on their identification and recognition.

Local executive and administrative organs on submission of relevant territorial authority of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus, as agreed with the National Academy of Sciences of Belarus, shall take a decision on the transfer of the typical and/or rare natural landscapes and biotopes to put it under protection of users of land plots and/or water objects.

Users of land plots and/or water objects, who receive for the protection typical and/or rare natural landscapes and biotopes, shall be given passports of the typical and/or rare natural landscapes and biotopes and protective obligation, foreseeing special regime of their protection and use.

The order of transfer of typical and/or rare natural landscapes and biotopes to the protection by users of land plots and/or water objects, forms of passports of typical and/or rare natural landscapes and biotopes and protective obligation, as well as the order and conditions of their issuance shall be established by the Council of Ministers of the Republic of Belarus.

In case of necessity to take measures on restoration of typical and/or rare natural landscapes and biotopes, the Ministry of Natural Resources and Protection of the Environment provides the elaboration, approves and organizes the realization of plans of management of typical and/or rare natural landscapes and biotopes, as well as performs control over their implementation.

Article 64. Rare and Being under the Threat of Disappearance in the Territory of the Republic of Belarus Species of Wild Animals and Wild Growing Plants. The Red Book of the Republic of Belarus

Rare species and species being under the threat of disappearance on the territory of the Republic of Belarus of wild animals and wild plants are species of wild animals and wild plants towards to which there is a monitoring data of flora and fauna, state register of fauna, scientific and other investigations, showing at least one of the following grounds:

 annual within last 10 years or three generations (from two cases there shall be chosen the one of a longer interval period) decrease of their population and/or habitat;

adverse changes in the conditions of their environment, habitat;

limited distribution and small size of their populations.

Rare species and species being under the threat of disappearance in the territory of the Republic of Belarus of wild animals and wild plants shall be included into the Red Book of the Republic of Belarus. Inclusion of rare species and species being under the threat of disappearance in the territory of the Republic of Belarus of wild animals and wild plants into the Red Book of the Republic of Belarus shall be implemented by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus on the basis of the proposals of the National Academy of Sciences of the Republic of Belarus.

At the inclusion of rare species and species being under the threat of disappearance in the territory of the Republic of Belarus of wild animals and wild plants into the Red Book of the Republic of Belarus they shall be given categories of national nature conservation importance.

The categories of the national nature conservation importance and criterion of attribution to them of rare species and species being under the threat of disappearance in the territory of the Republic of Belarus of wild animals and wild plants shall be established by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus.

If the grounds, mentioned in the part one of this article, according to which rare species and species being under the threat of disappearance in the territory of the Republic of Belarus of wild animals and wild plants were included into the Red Book of the Republic of Belarus, have fallen away, such species shall be excluded from the Red Book of the Republic of Belarus.

The Red Book of the Republic of Belarus contains the names of rare species and species being under the threat of disappearance in the territory of the Republic of Belarus of wild animals and wild plants, information on their dissemination, habitats and places of growth, biology (including a brief summary of these species), population and tendencies of its changes, on the principal factors of threats and protection measures, as well as on categories of national nature conservation importance. The Red Book of the Republic of Belarus is liable to be published at list once per each ten years period of time.

 

 

 

 

Article 641. Protection of Wild Animals and Wild Plants, belonging to the Species Included into the Red Book of the Republic of Belarus, as well as to the Species of Wild Animals and Wild Plants, being under Protection of the International Treaties of the Republic of Belarus

In order to protect wild animals and wild plants, belonging to the species included into the Red book of the Republic of Belarus, the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus carries out the work on determination of habitats of wild animals and places of growth of wild plants, belonging to the species included into the Red Book of the Republic of Belarus, and accountability of such places.

Local executive and administrative bodies on the presentation of a relevant territorial body of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus, being coordinated with the National Academy of Sciences of Belarus, take decisions on the transfer of the ascertained habitats of wild animals and/or places of growth of wild plants, belonging to the species included into the Red Book of the Republic of Belarus, under the protection by users of the land plots and/or water objects.

Users of the land plots and/or water objects, which receive under their protection the habitats of wild animals and places of growth of wild plants, belonging to the species included into the Red Book of the Republic of Belarus, shall be given passports of habitats of wild animals and/or places of growth of wild plants, belonging to the species included into the Red Book of the Republic of Belarus, and protective obligation, foreseeing a special regime of protection and use of such places.

The order of transfer of habitats of wild animals and/or places of growth of wild plants, belonging to the species included into the Red Book of the Republic of Belarus, under the protection of users of land plots and/or water objects, forms of passports of habitats of wild animals and/or places of growth of wild plants, belonging to the species included into the Red Book of the Republic of Belarus, and of the protective obligation , as well as the order and conditions of their submission shall be established by the Council of Ministers of the Republic of Belarus.

The Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus shall provide the elaboration and adoption of plans on management of the populations of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, as well as to the species being under the protection of the international treaties of the Republic of Belarus, plans of action on the conservation of such species of wild animals and wild plants and other activities on the protection of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, as well as to the species being under protection of the international treaties of the Republic of Belarus. The organization of the realization of such activities and control over their implementation shall be carried out by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus.

 The Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus may establish the limits, prohibitions and other measures towards the protection, withdrawal, maintenance, storage, exhibition of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, and of their parts and/or derivatives and their trade, towards the storage, protection and restoration of the environment of their habitat and places of growth, as well as towards the implementation of the economic and other activity, during which they are used as materials, for other aims of consumption or realization.

Import to the Republic of Belarus and export from the Republic of Belarus of wild animals and wild plants, belonging to the species, included into the Red Book of the Republic of Belarus, their parts and/or derivatives, species of animals and plants, their parts or their derivatives, being under the protection of international treaties of the Republic of Belarus, shall be carried out in accordance with the international treaties of the Republic of Belarus, customs legislation of the Republic of Belarus and legislation of the Republic of Belarus on foreign economic activity.

The present Article shall not apply to the cultivated plants and captive wild animals belonging to rare or endangered species in the territory of the Republic of Belarus.

Article 642. Withdrawal of Wild Animals and Wild Plants, Belonging to the Species Included into the Red Book of the Republic of Belarus, from Their Habitat and Place of Growth

Withdrawal of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, from their habitats and places of growth shall be allowed in scientific purposes, on purposes of moving (including settlement), introduction, reintroduction, acclimatization, crossing and/or breeding in captivity. Wild animals, belonging to the species included into the Red Book of the Republic of Belarus, may be exempted from their habitat in cases when they suffer illness which is dangerous for their life, life or health of citizens, as well as in cases of the necessity of helping to these wild animals in their illness, wounds, traumas, threat of extinction.

Withdrawal of wild animal and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, from their habitat and places of growth is carried out on the basis of a permission, issued by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus, in the order and on conditions, established by the Council of Ministers of the Republic of Belarus unless otherwise is established by the President of the Republic of Belarus.

Unauthorized withdrawal of wild animals and wild plants belonging to the species included into the Red Book of the Republic of Belarus, from their habitat and places of growth, their illegal turnover as well as commitment of other actions which can lead to their death, reduction of the population or violation of the habitat or place of growth, is prohibited.

The present Article shall not apply to the cultivated plants and captive wild animals belonging to rare or endangered species in the territory of the Republic of Belarus.

 

CHAPTER 10
ECOLOGICALLY UNFAVORABLE TERRITORIES

 

Article 65. Zones of Ecological Risk

Certain parts of territory of the Republic of Belarus, where as the result of economic and other activity there is unfavorable ecological situation, the stable negative changes of environment began to occur that threaten the safety of life and health of citizens, to components of natural environment and ecological systems are declared by the Council of Ministers of the Republic of Belarus to be the zones of ecological risk.

In the zones of ecological risk the measures on prevention of harmful influence on environment and on its restoration are conducted.

Financing the measures on improvement of zones of ecological risk is conducted first of all at the expense of legal persons and individual entrepreneurs as the result of which economic and other activity the unfavorable ecological situation appeared, and stable negative changes of the environment began to occur and also at the expense of the republican and local budgets and other sources according to the legislation of the Republic of Belarus.

 

Article 66. Zones of Ecological Crisis

Certain parts of territory of the Republic of Belarus, where as the result of economic or other activity, accidents, catastrophe, natural disaster or other emergency or unpredictable at these conditions circumstances the stable negative changes of environment threatening the safety of life and health of citizens, the components of natural environment and natural ecological systems have occurred, are declared by the Council of Ministers of the Republic of Belarus to be the zones of ecological crisis.

In the zones of ecological crisis for the period established by the Council of Ministers of the Republic of Belarus:

economic and other activity of the legal persons and individual entrepreneurs causing the harmful influence on environment can be suspended;

the usage of certain kinds of natural resources can be limited;

reconstruction or re-profiling of industrial and other objects causing the harmful influence on environment can take place;

measures on restoration of the environment can be conducted.

The financing of the measures on improvement of zones of ecological crisis is conducted in order established by the part three article 65 of the present Law.

 

Article 67. Zones of Ecological Disaster

Certain parts of the territory of the Republic of Belarus, where as the result of economic and other activity the irreversible changes of the environment threatening the safety of life and health of citizens and leading to violation of natural balance, destruction of natural ecological systems, degradation of components of natural environment have occurred, are declared by the President of the Republic of Belarus to be the zones of ecological disaster.

In the zones of ecological disaster:

wok of the industrial and other objects (excluding objects connected with the service of citizens living on this territory) is suspended on the period established by the President of the Republic of Belarus;

building, reconstruction and introduction into exploitation of new buildings, constructions and other objects for the exception of those that are necessary for liquidation of consequences of ecological disaster are prohibited;

nature management is limited;

operational measures on restoration of environment are taken.

The financing of measures on improvement of zones of ecological disaster is conducted in order established by part three of the article 65 of the present Law.

 

CHAPTER 11
OBSERVATION OF STATE OF THE ENVIRONMENT

 

Article 68. National System of Monitoring of Environment

For the purposes of providing the cooperation of systems of observation over the state of the environment, estimation and prediction of changes of state of environment under the influence of natural and anthropogenic factors, reception and provision of full, trustworthy and timely ecological information the National system of monitoring of the environment in the Republic of Belarus.

Conducting the National system of monitoring of environment in the Republic of Belarus is carried out in order established by the legislation of Republic of Belarus.

Coordination of conducting the National system of monitoring of environment in the Republic of Belarus is carried out by the Ministry of natural resources and protection of the environment of the Republic of Belarus.

 

Article 69. Monitoring of Environment

Monitoring of environment is carried out for the purposes of observation over the sate of environment (including over state of environment in the regions of location of sources of harmful influence and influence of these sources on environment), providing the state bodies, legal persons and citizens with the full, trustworthy and timely information necessary for management and control in the sphere of protection o environment, rational use of natural resources.

Monitoring of environment is a part of National system of monitoring of the environment of the Republic of Belarus.

Monitoring of environment is conducted by the Ministry of natural resources and protection of the environment of the Republic of Belarus, other bodies of the state government and the National academy of sciences, in the order established by the legislation of Republic of Belarus. Conducting the monitoring of environment by other bodies of state administration is conducted under the agreement with the Ministry of natural resources and protection of the environment.

Bodies of the state government and other legal persons in order established by the legislation of Republic of Belarus give free of charge to the Ministry of natural resources and protection of the environment of the Republic of Belarus and its territorial bodies the materials on observation over the state of environment.

Republican bodies of state administration, local executive and administrative bodies, legal persons at elaboration of prediction of social and economic development and taking the appropriate decisions, elaboration of programs and measures on rational (sustainable) usage of natural resources and protection of the environment, placing the industrial and other objects shall consider the data of monitoring of environment and also use it for informing the citizens on the state of environment and measures on it protection.

The order of conducting and usage of data of monitoring of environment is established by the Council of Ministers of the Republic of Belarus.

 

CHAPTER 12
REGISTRATION IN THE SPHERE OF PROTECTION OF THE ENVIRONMENT.
STATE DATABASE ON THE STATE OF ENVIRONMENT AND INFLUENCE ON IT.
ECOLOGICAL INFORMATION

 

Article 70. State Registration in the Sphere of Protection of the Environment

Legal persons and individual entrepreneurs the economic or other activities of which cause a harmful influence on the environment, including the ecologically dangerous activity, kinds and quantity of exhausts and effluents of contaminating substances into the environment, kinds and value of harmful physical and other influences on environment are subject to state registration conducted by the territorial bodies of the Ministry of natural resources and protection of the environment of the Republic of Belarus and also other specially authorized republican bodies of state administration in order established by the legislation of the Republic of Belarus.

State registration in the sphere of protection of the environment is conducted in the order established by the Council of Ministers of the Republic of Belarus for the purposes of state regulation of nature protection activity and also current and perspective planning of measures on reduction of harmful influence of the economic and other activity on environment.

Criteria for classifying the economic and other activities which cause a harmful influence on the environment as ecologically dangerous are established by the President of the Republic of Belarus or by the state body authorized by him.

The state registration in the sphere of the environment protection conducted by the territorial bodies of the Ministry of natural resources and the environment protection of the Republic of Belarus includes the maintenance of the State register of legal persons and individual entrepreneurs the economic and other activities of which cause a harmful influence on the environment.

At the state registering in the sphere of the environment protection each legal person and individual entrepreneur the economic and other activities of which cause a harmful influence on the environment receive a registration number of a user of natural resources at the place they carry out their economic and other activities.

 

Article 71. Registration of Used Natural Resources and Harmful Influences on Environment

Legal persons and individual entrepreneurs at carrying out the economic and other activity are obliged to conduct the registration of used natural resources, exhausts and effluents of contaminating substances into the environment, wastes management, and also registration of other kinds of harmful influence on environment in order established by the Ministry of Natural resources and protection of the environment of the Republic of Belarus and other specially authorized republican bodies of state administration in compliance with their powers.

Data on usage of natural resources, exhausts and effluents of contaminating substances into the environment, wastes management, and also on other kinds of harmful influence on environment are subject to registration in the ecological passport of the enterprise and to state statistics registration in order established by the legislation of the Republic of Belarus.

 

Article 72. State Cadastres of Natural Resources

Sate cadastres of natural resources are conducted for the registration of quantity, quality and other characteristics of natural resources, and also for registration of volume, character and regime of their usage.

In the Republic of Belarus the following state cadastres of natural resources are conducted: land, bowels, water, free air, forests, flora, fauna, climate and wastes.

The acts of legislation of the Republic of Belarus can provide also the conducting of other state cadastrs of natural resources.

Conducting the state cadastres of natural resources is carried out by the Ministry of natural resources and protection of the environment of the Republic of Belarus and other specially authorized republican bodies of state administration in compliance with their competence.

Coordination of conducting of state cadastres of natural resources is carried out by the Ministry of natural resources and protection of the environment of the Republic of Belarus.

 

Article 73. State Data Fund on the State of the Environment and Influence on It

The State data fund on the state of the environment and influence on it includes ecological information, collected in the result of activities specified in part 2 of article 74 of the present law conducted by the owners of the ecological information, and accumulated by the Ministry of natural resources and the environment protection of the Republic of Belarus, other state bodies and other state organizations by virtue of exercising functions charged on them by acts of the legislation of the Republic of Belarus.

The Ministry of natural resources and the environment protection of the Republic of Belarus, other state bodies and other state organizations, which accumulate ecological information collected in the result of conducting by the owners of the ecological information activities specified in part 2 of article 74 of the present law, conduct the Registers of ecological information of the State data fund on the state of the environment and influence on it.

The Ministry of natural resources and the environment protection of the Republic of Belarus, other state bodies and state organizations which conduct the Registers of ecological information of the State data fund on the state of the environment and influence on it post the content of information contained in the above Registers in the publicly accessible place (on the information boards, panels) and on their official web-sites in the global computer network Internet.

The order of formation and conduct of the State data fund on the state of the environment and influence on it is established by the Council of Ministers of the Republic of Belarus.

Provision and dissemination of information contained in the Registers of ecological information of the State data fund on the state of the environment and influence on it are carried out in accordance with articles 74-747 of the present law.

 

Article 74. Content, Sources and Kinds of Ecological Information, Forms of Its Provision and Dissemination

The ecological information includes the following data:

on the state of the environment, including atmospheric air, waters, grounds (including soils), flora and fauna in their biological diversity, natural landscapes, biotopes, other natural objects, and on interaction between these objects, as well as on the genetically engineered organisms and microorganisms;

on influence on the environment of substances, as well as energy, noise, radiation and other physical factors;

on decisions of the state bodies, on the economic and other activities of legal persons and individual entrepreneurs, connected to the harmful influence on the environment or its protection, as well as justification of necessity of their fulfillment, including financial and economic reasoning;

on acts of the legislation of the Republic of Belarus, on territorial complex schemes, programs and measures on rational (sustainable) use of natural resources and the environment protection, concepts, strategies, schemes, plans of actions, programs and measures which realization influences or may influence the environment, as well as justification of necessity of their adoption, including financial and economic reasoning;

on the state of health and security of citizens, their living conditions, on the condition of objects of culture, buildings and constructions that relate to the influence or possible influence on them by the environment or through the environment factors, activities and measures specified in indents 3-5 of the present part.

The ecological information provided or disseminated by the owners of the ecological information in accordance with the present law is collected in the result of:

monitoring the environment;

measuring in the sphere of the environment protection;

conducting the state registration in the sphere of the environment protection;

conducting the state registration of natural resources in use and influence on the environment;

issue of special permissions (licenses) to carry out activity connected with influence on the environment, other permissions and documents, on the ground of which the natural resources are used, bringing amendments and/or alterations in these permissions and other documents, suspension, resumption, prolongation of term of their validity, termination of their validity or annulment;

evaluation of influence on the environment ;

ecological examination;

exercising control in the sphere of the environment protection, rational use of natural resources;

ecological auditing;

ecological certification;

standardization in the sphere of the environment protection;

development and realization of territorial complex schemes, programs and measures on rational (sustainable) use of natural resources and the environment protection.

The ecological information, collected in the result of activities not specified in part 2 of the present article is provided and disseminated in accordance with the legislative acts of the Republic of Belarus on the financial and credit system, the state statistics, health care, security of the genetic engineering, hydrometeorological activities, the state system of prevention and liquidation of emergency situations, on historical and cultural heritage, information and informatization, other legislative acts.

The ecological information is provided and disseminated in oral, written, electronic, audiovisual or other forms.

The ecological information collected in the result of the activities specified in part 2 of the present article is divided on the ecological information of general purpose and the specialized ecological information.

Classification of the ecological information related to the fact of inflicting ecological damage as the specialized ecological information is forbidden.

 

Article 741. Access to the Ecological Information

Access of the state bodies, other state organizations, other legal persons and citizens to the ecological information of general purpose is guaranteed by means of providing or disseminating the ecological information of general purpose by the owners of the ecological information.

Access of the state bodies, other state organizations, other legal persons and citizens to the specialized ecological information is guaranteed on the basis of a contract on provision of the specialized ecological information concluded with the owners of the ecological information.

 

Article 742. Restriction of Access to the Ecological Information

The ecological information shall not be provided or disseminated in the following cases:

the information is classified as the state secrets in accordance with the legislation of the Republic of Belarus on the state secrets;

 the disclosure of information will lead to the infringement of the rules of judicial procedure, preliminary investigation, administrative process;

the disclosure of information will cause damage to the environment or threaten to cause damage;

in other cases established by the legislative acts, international treaties of the Republic of Belarus in the interests of the national security, protection of rights and freedoms of citizens, rights of legal persons.

Provision of the ecological information may be denied in the following cases:

a state body or another state organization do not have enquired information and such information can not be obtained from other owners of the ecological information because of its unavailability;

a legal person other than a state body or a state organization, or an individual entrepreneur do not have enquired ecological information;

a request to provide information concerns the documents that are related to the internal document management of the owner of the ecological information.

In the case provided for in indent 4 of part 2 of the present article the owner of the ecological information is obliged if it is possible to extract the information contained in such documents without prejudice to the confidentiality thereof and provide it to an applicant.

Access to the following ecological information shall not be restricted:

about the state of the environment;

 about the emission of contaminating substances to the atmospheric air and discharge of effluents into the water objects with exceeding the standards in the sphere of the environment protection or in the absence of such standards if their determination is required according to the legislation of the Republic of Belarus;

about exhausts into the water object of chemical and other substances, their compositions, items or waste products;

about applying of chemical and other substances to the ground (soil) that led to the deterioration of its quality or the quality of subsurface waters;

about ionizing and electromagnetic radiation, noise or other physical influence with exceeding the standards in the sphere of the environment protection or in the absence of such standards if their determination is required according to the legislation of the Republic of Belarus.

 

Article 743. Providing the Ecological Information to the State Bodies and Other State Organizations

The ecological information of general purpose is provided to the state bodies and other state organizations by the owners of the ecological information in accordance with the present law and other acts of legislation of the Republic of Belarus upon their request by means of exchange of such information or its mailing.

The specialized ecological information is provided to the state bodies free of charge. The specialized ecological information is provided to other state organizations in the order, established in article 745 of the present law.

 

Article 744. Providing the Ecological Information to Citizens and Legal Persons Other Than State Bodies and State Organizations

The ecological information of general purpose is provided by the owner of the ecological information upon request of a citizen or a legal person other than a state body or a state organization (hereinafter – an applicant) free of charge.

The ecological information of general purpose is provided by the owner of the ecological information within 10 working days from the date of receiving a request.

If the request on providing the ecological information of general purpose is not in conformity with the requirements of article 746 of the present law the owner of the ecological information shall notice in writing an applicant about the information that is not available in the request within 3 working days from the date of receiving the request.

The ecological information of general purpose is provided in the form, amount and content that are specified in the request on providing the ecological information of general purpose, and if the owner of the ecological information has no technical facilities to provide it in the enquired form and amount – in the available form and amount with indicating of relevant reasons.

If the request on providing the ecological information of general purpose concerns the ecological information that is preparing and shall be provided or disseminated after its preparation in terms established by the legislation of the Republic of Belarus the owner of the ecological information shall notice an applicant in writing within 5 working days from the date of receiving the request and indicate the term and mode of possible obtaining of such information.

If the applicant of the ecological information of general purpose is a legal person other than a state body or a state organization, or an individual entrepreneur, the state body or other state organization, which receive the request and are to comply the request within the scope of their authority, shall enquire by themselves the ecological information at the owner of the ecological information and notice the applicant about it in writing within 5 working days from the date of receiving the request.

After receiving the request from the state body or other state organization on providing the ecological information of general purpose the owner of the ecological information named in part 6 of the present article shall provide the enquired information within 10 working days from the date of receiving the request or inform, within 3 working days, about a denial of providing such information, and specify the reasons of such denial provided for in the present law and other legislative acts of the Republic of Belarus.

The state body or other state organization which have received the ecological information of general purpose in accordance with part 7 of the present article shall provide this information to the applicant within 1 month from the date of receiving the applicant’s request. If the owner of the ecological information has informed about a denial of providing the ecological information of general purpose the state body or other state organization inform about it the applicant and specify the reasons of a denial within 3 working days.

If it is outside the competent authority of the state body or other state organization to comply a request on providing the ecological information of general purpose, they shall refer it, within 5 working days from the date of receiving a request, to other state body or state organization that are competent to comply such request, and notice the applicant about it in writing.

If the enquired ecological information is classified as the specialized ecological information, the owner of the ecological information shall, within 5 working days from the date of receiving a request on providing the ecological information, offer the applicant to conclude a contract on providing the specialized ecological information and submit the considerable terms and conditions of such a contract.

The applicant is not obliged to inform about the reasons he/she/it needs the ecological information.

If the owner of the ecological information has the reasons specified in the present law and other legislative acts of the Republic of Belarus for denial of providing the ecological information, he/she/it informs the applicant, within 3 working days, in writing about denial of providing the ecological information, specifies the reasons of denial, and explains the terms and order for appealing the decision.

The denial of providing the ecological information may be appealed to the superior state body or other state organization (superior official) and/or to the court.

 

Article 745. Order of Providing the Specialized Ecological Information

The specialized ecological information is provided to the state organizations, legal persons other than the state bodies, and to the citizens at the price, in terms and on conditions specified in a contract on providing the specialized ecological information. The price for provision of such information shall not exceed economically reasoned costs related to the collection, processing and analyzing the specialized ecological information.

 

Article 746. Request on Providing the Ecological Information

A request on providing the ecological information shall include:

data about the owner of the ecological information (a name of the state body or other state organization, another legal person, a full name of an official or an individual entrepreneur);

data about the applicant (a full name and a place of residence of a citizen, a full name of an individual entrepreneur, his/her registration number and a name of the registering body, a name and a place of residence of a legal person);

specification of the enquired ecological information to determine its amount and a content;

data about the form of providing the ecological information.

The request on providing the ecological information is registered by the owner of the ecological information on the day of its receiving.

Article 747. Dissemination of the Ecological Information of General Purpose

The ecological information of general purpose is subject to dissemination by the owners of the ecological information by means of its publication in printed editions, other mass media, on their official web-sites in the global computer network Internet or by other publicly accessible means in accordance with the legislation of the Republic of Belarus on information and informatization.

The content of the ecological information of general purpose subject to obligatory dissemination, the owners of such information obliged to disseminate it, and the periodicity of its dissemination are established by the Council of Ministers of the Republic of Belarus.

 

CHAPTER 13
EDUCATION, ENLIGHTENMENT AND SCIENTIFIC RESEARCH IN THE SPHERE OF PROTECTION OF THE ENVIRONMENT

 

Article 75. Education in the Sphere of Protection of the Environment and Nature Management

 

Education of citizens in the sphere of protection of the environment and nature management is ensured through inclusion into curriculum documentation of educational programs of basics of knowledge in the sphere of protection of the environment and nature management.

Article 76. Requirements to the Employees, Whose Activity is Connected with Usage of Natural Resources and Influence on Environment

Employees, whose activity is connected with the usage of natural resources and influence of environment shall have the necessary knowledge in the sphere of protection of the environment, nature management and regularly improve them. At appointing the officials and specialists, their attestation and re-attestation the presence of necessary knowledge in the sphere of protection of the environment is considered.

 

Article 77. The Enlightenment in the Sphere of Protection of the Environment

For the purposes of forming the ecological culture of citizens, up-bringing the solicitous attitude toward nature the enlightenment in the sphere of protection of the environment is carried out by means of spreading the ecological information, including those contained data about the ecological security, as well as the knowledge on the content of the ecological information, the order of its collection, dissemination and provision to the subjects of relations in the sphere of the environment protection.

The enlightenment in the sphere of protection of the environment including informing the citizens about legislation of the Republic of Belarus on protection of the environment is carried out by the Ministry of Natural Resources and Protection of the environment of the Republic of Belarus and its territorial bodies, republican bodies of state administration, bodies of local government and self-governance, public associations, mass media and also by the establishments of healthcare, museums, libraries and other establishments of culture, nature protection establishments, organizations of sport and tourism, other legal persons.

 

Article 78. Scientific Research in the Sphere of Protection of the environment

Scientific research in the sphere of protection of the environment is conducted for the purposes of:

improving the legislation of the Republic of Belarus on protection of the environment;

elaboration of concepts, scientific prognosis, programs and measures on rational (sustainable) usage of natural resources and protection of the environment;

elaboration of programs of rehabilitation of territories of ecological risk, zones of ecological crisis, zones of ecological disasters, improvement of means and methods of restoration of ecologically unfavorable territories;

elaboration and improvement of indexes of complete estimation of influence on environment, means and methods of their determination;

elaboration of technologies in the sphere of protection of the environment and rational (sustainable) usage of natural resources;

elaboration of requirements in the sphere of protection of the environment;

and other purposes in the sphere of protection of the environment.

Scientific research in the sphere of protection of the environment is conducted in order established by the legislation of the Republic of Belarus on scientific activity.

 

CHAPTER 14
ECONOMIC MECHANISM OF PROTECTION OF THE ENVIRONMENT AND NATURE MANAGEMENT

 

Article 79. Elements of Economic Mechanism of Protection of the Environment and Nature Management

Economic mechanism of protection of the environment and nature management includes the following elements:

elaboration of state prognosis and programs of socially economic development of the Republic of Belarus in the part of rational (sustainable) usage of natural resources and protection of the environment;

financing the programs and measures on rational (sustainable) usage of natural resources and protection of the environment;

creation of funds of protection of nature;

fixing the payments for nature management;

conducting economic estimation of natural objects;

conducting economic estimation of influence of economic and other activity on environment;

taking measures of economic stimulating in the sphere of protection of the environment;

compensating in the established order the harm caused to the environment;

ecological insurance;

other measures directed on protection of the environment;

 

Article 80. Territorial Complex Schemes, Programs and Measures on Rational (Sustainable) Usage of Natural Resources and Protection of the environment

For the purposes of elaboration of long-term prognosis in the sphere of protection of the environment the territorial complex schemes of rational (sustainable) usage of natural resources and protection of the environment that define the complex of measures on restoration, preservation and improvement of quality of the environment, rational (sustainable) usage of natural resources, preservation of natural ecological systems, biological and landscape diversity, natural complexes and objects, situated on the highly protected natural territories, natural territories being subject to special protection, and territories of the biosphere reserves, shall be developed.

Territorial complex schemes of rational (sustainable) usage of natural resources and protection of the environment are elaborated for the concrete territories with consideration of the scheme of national ecological network, scheme of the rational placing of the highly protected natural territories of the republic significance and regional schemes of rational placing of the highly protected natural territories of local importance.

The order of elaboration and approve of territorial complex schemes of rational (sustainable) usage of natural resources and protection of the environment, their financing is established by the Council of Ministries of the Republic of Belarus.

Elaboration of programs of rational (sustainable) usage of natural resources and protection of the environment is carried out in the whole republic within the borders of administrative territorial units and also by the branches of economy for the purposes of provision of favorable environment on the basis of scientifically grounded combination of ecological, economic and social interests, choosing the means of nature management providing the minimal probable level of harmful influence on environment, prevention and reducing the harmful influence on environment of economic and other activity and also preservation and restoration of natural resources.

Elaboration of branch programs of rational (sustainable) usage of natural resources and protection of the environment is carried out by the relevant republican bodies of state administration and associations (establishments) accountable of Council of Ministries of the Republic of Belarus upon the agreement with the Ministry of natural resources and protection of the environment of the Republic of Belarus.

Elaboration of measures on rational (sustainable) usage of natural resources and protection of the environment is carried out on the basis of approved state programs of social economic development of the Republic of Belarus, state and branch programs of rational usage of natural resources and protection of the environment, republican, oblast and other complex schemes of protection of the environment. The mentioned programs and schemes are agreed with the Ministry of natural resources and protection of the environment of the Republic of Belarus or its territorial bodies.

Elaboration of programs and measures on rational (sustainable) usage of natural resources and protection of the environment within the borders of administrative territorial units is carried out by the relevant local Councils of Deputes, executive and administrative bodies upon the agreement with the territorial bodies of the Ministry of natural resources and protection of the environment.

Legal persons and individual entrepreneurs carrying out the economic and other activity causing harmful influence on the environment are obliged to plan, elaborate and carry out the measures on protection of the environment in order established by the legislation of the Republic of Belarus.

 

Article 81. Financing the Programs and Measures on Rational (Sustainable) Usage of Natural Resources and Protection of the Environment

Financing the programs and measures on rational (sustainable) usage of natural resources and protection of the environment is conducted at the expense of:

means of republican and/or local budgets, including means of state special purpose budget funds of nature protection;

means of legal persons and individual entrepreneurs;

means of citizens including foreign;

bank credits;

foreign investments;

other non-budget sources not prohibited by the legislation of the Republic of Belarus and attracted for fulfillment of these programs and measures.

 

Article 82. Economic Stimulation of Protection of the Environment

Economic stimulation of protection of the environment may be carried out on the basis of:

establishing by the President of the Republic of Belarus and/or laws of the Republic fo Belarus, unless otherwise provided by the President of the Republic of Belarus, tax privileges and other preferences for separate categories of legal persons and natural persons if the comply with the regimes of protection and usage of the highly protected natural territories, natural territories being subject to special protection, and rational (sustainable) usage by them of the natural resources on the territory of the transfer zones of the biosphere reserves as well as at introduction by legal persons and natural persons of the best available technical methods, low-waste, energy- and resource-saving technologies, special equipment, reducing the harmful impact on the environment, at usage of wastes as secondary raw-materials and carrying out other nature protection activity;

accelerated amortization of equipment and other objects designed for the protection and improvement of the environment.

Legislation of the Republic of Belarus can also establish other kinds of economic stimulation in the sphere of protection of the environment.

 

Article 83. Nature Management Payments

The common nature management is free of charge and special nature management is executed on a paid basis if other is not provided by the legislative acts of the Republic of Belarus.

Payments for special nature management are taken in accordance with the legislative acts of the Republic of Belarus in the form of taxes, duties (dues), other obligatory payments and rent.

The rent rate for natural resources usage, procedure, conditions and terms of its payment shall be determined in the rent agreement in accordance with the legislation on protection of the environment and rational usage of natural resources and civil legislation. In accordance with the legislative acts of the Republic of Belarus the Council of Ministers of the Republic of Belarus may establish minimum rent rates for usage of single natural resources.

The payments for special nature management do not exempt the user of nature from execution of measures on protection of the environment and compensation of harm made in the result of illegal usage (extraction, mining) of nature resources, other harmful effect on environment.

 

Article 84. Funds of Protection of Nature

For financing the state, branch and other program and measures on rational (sustainable) usage of natural resources and protection of the environment and other purposes in the sphere of protection of the environment in the Republic of Belarus the republican and, in the cases provided for by the legislative acts of the Republic of Belarus, local funds of protection of nature, which are the state special purpose budget funds, are created.

The sources of forming the state special purpose budget funds of protection of nature can be:

payments for special nature management if other is not provided by the legislation of the Republic of Belarus;

assets received as compensation of harm caused to the environment;

fines for contamination of environment, irrational usage of natural resources and other infringements of legislation of the Republic of Belarus on protection of the environment;

assets from the realization of confiscated tools of hunting and fishing and other water animals prey or those inverted to the state profit by other means, and also assets from sale of production illegally received with the help of other means;

voluntary fees of legal persons and individual entrepreneurs including the foreign;

other assets in compliance with the legislation of the Republic of Belarus.

Income and expenditure of the republican fund of nature protection are approved by the law on republican budget for the next financial year. Income and expenditure of local funds of nature protection are approved by the decisions of local Councils of Deputies on the budget for the next financial year. The procedure and directions of using means of republican and local funds of nature protection are established by the legislation of the Republic of Belarus.

At the expense of voluntary fees of legal persons, citizens and other sources not contrary to the legislation of the Republic of Belarus in order established by the legislation of the Republic of Belarus the public funds of protection of the environment that are spent on conducting the measures on protection of the environment and forming the ecological culture of citizens can be created.

 

Article 85. Ecological Insurance

Ecological insurance is an insurance of civil liability of legal persons and individual entrepreneurs aimed at protection of property interests of citizens and organizations, as well as the Republic of Belarus and its territorial administrative units in the case of inflicting ecological damage.

Ecological insurance is carried out in order established by the legislation of the Republic of Belarus on insurance.

 

CHAPTER 15
CONTROL IN THE SPHERE OF PROTECTION OF THE ENVIRONMENT, RATIONAL USE OF NATURAL RESOURCES

 

Article 86. Main Purposes of Control in the Sphere of Protection of the environment, Rational Use of Natural Resources

The control in the sphere of protection of the environment the protection of the environment, rational use of natural resources shall be performed to ensure the implementation of the legislation of the Republic of Belarus in the field of protection of the environment, observance of the requirements in the sphere of protection of the environment, as well as to ensure environmental safety by republican bodies of state administration, local executive and administrative bodies, legal persons and citizens.

Article 87. Control in the Sphere of Protection of the environment, Rationale use of Natural Resources

Control in the sphere of protection of the environment, rational use of natural resources shall be carried out in the order, established by the legislation of the Republic of Belarus on control (supervisory) activity in the Republic of Belarus and by the present Law.

Control in the sphere of the protection of the environment, rational use of natural resources is carried out by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial bodies, other specially authorized republican bodies of state government, the State inspection for protection of flora and fauna under the President of the Republic of Belarus, local executive and administrative bodies (hereinafter – the state bodies exercising control in the sphere of the protection of the environment, rational use of natural resources) within their competence.

The list of officials of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial bodies, who possess the right to implement the control in the sphere of the protection of the environment, rational use of natural resources, shall be established by the Council of Ministers of the Republic of Belarus.

 

Article 88. Rights of the Officials of the Ministry of Natural Resources and Protection of the Environmentof the Republic of Belarus and Its Territorial Bodies Carrying Out the Control in the Sphere of Protection of the Environment, Rational Use of Natural Resources

Officials of the Ministry of natural resources and protection of the environment of the Republic of Belarus and its territorial bodies carrying out the control in the sphere of protection of the environment, rational use of natural resources within their competence have the right:

to draw the acts on the results of checks, to pass within their rights requirements (prescriptions) that are obligatory for execution;

in compliance with the legislation of the Republic of Belarus to make-up the protocols on administrative offences, to receive the explanations from the persons called to administrative responsibility because of the infringement of legislation of the Republic of Belarus on protection of the environment, to consider cases on administrative offences and to impose administrative penalty for the infringement of legislation of the Republic of Belarus on protection of the environment;

to issue recommendations on elimination and nonadmission of defects, discovered in the result of a monitoring;

to pass requirements (prescriptions) on suspension (prohibition) of economic and other activity of legal persons and individual entrepreneurs, which makes a harmful impact on the environment;

to draw up acts on establishment of the fact of infliction of damage on the environment;

to receive without any charge the data and documents necessary for the execution of control in the sphere of protection of the environment, rational use of natural resources form the legal persons and individual entrepreneurs;

to summon the citizens for the consideration of materials on facts of infringement of legislation of the Republic of Belarus on protection of the environment;

to conduct in cases and order provided by the legislative acts of the Republic of Belarus the search of the stuff;

to seize the illegally received objects of fauna and flora and its products also the tools used at their reception;

to pass the material on conducted checks and other material to the relevant state bodies for the decision of the question calling the persons, who broke the legislation of the Republic of Belarus on protection of the environment, to the account in the established order;

to introduce the suggestions on taking measures of disciplinary penalty to the employees guilty of infringement of the legislation of the Republic of Belarus on protection of the environment to the employers;

in order, established by the legislative acts of the Republic of Belarus to deliver the persons perpetrated the offence in the sphere of protection of the environment to the law enforcement bodies.

For the prevention, disclosure and suppression of the offences in the sphere of protection of the environment the officials of the Ministry of Natural Resources and Protection of the Environmentof the Republic of Belarus and its territorial bodies have the right to material incentive pay in order established by the Council of Ministers of the Republic of Belarus.

 Legislative acts of the Republic of Belarus can determine other rights of the officials that carry out the control in the sphere of protection of the environment, rational use of natural resources.

 

Article 89. Duties of the Officials of the Ministry of Natural Resources and Protection of the environment of the Republic of Belarus and Its Territorial Bodies that Carry Out the Control in the Sphere of Protection of the Environment, Rational Use of Natural Resources

The officials of the Ministry of natural resources and protection of the environment protection of the environment and its territorial bodies that carry out the control in the sphere of protection of protection of the environment, rational use of natural resources are obliged to:

timely and fully use the given authority on prevention, disclosure and suppression of infringement of legislation of the Republic of Belarus on protection of the environment;

to clear out to the citizens the requirements of the legislation of the Republic of Belarus on protection of the environment;

to carry out other duties provided by the legislative acts of the Republic of Belarus.

 

Article 90. Responsibility of the Officials of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and Its Territorial Bodies that Carry Out the Control in the Sphere of Protection of the Environment, Rational Use of Natural Resources

The officials of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial bodies that carry out the control in the sphere of protection of the environmentprotection of the environment, rational use of natural resources, in case of violation of the legislation of the Republic of Belarus on the control (supervisory) activity in the Republic of Belarus shall bear responsibility in the order established by the legislation of the Republic of Belarus.

 

Article 91. Appeal of the Actions (Inactions) of the Official of the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and Its Territorial Bodies

Actions (inactions) of the officials of the ministry of natural resources and protection of the environment of the Republic of Belarus and its territorial bodies can be appealed in higher body (higher official) and/or to the court.

 

Article 92. Main Guarantees of the Officials of the Ministry of the Natural Resources and Protection of the Environment of the Republic of Belarus and Its Territorial Bodies that Carry Out the Control in the Sphere of Protection of the Environment, Rational Use of Natural Resources

The officials of the ministry of natural resources and protection of the environment of the Republic of Belarus and its territorial bodies that carry out the control in the sphere of protection of protection of the environment, sustainable use of natural resources at fulfillment of their official duties are the representatives of the state power and are under the protection of the state.

Any influence in any form on the officials of the Ministry of natural resources and protection of the environment of the Republic of Belarus and its territorial bodies that carry out the control in the sphere of protection of the environment, sustainable use of natural resources that impede the fulfillment of their official duties, or the interference into their activity are prohibited.

The state protection of the officials of the Ministry of natural resources and protection of the environment of the Republic of Belarus and its territorial bodies is carried out in compliance with the legislation of the Republic of Belarus on state protection of judges, officials of the law enforcement and controlling bodies and other acts of legislation of the Republic of Belarus.

 

Article 93. Provision of Uniform and Special Weapon of the Officials of the Ministry of the Natural Resources and Protection of the Environment of the Republic of Belarus and Its Territorial Bodies that Carry Out the Control in the Sphere of Protection of the Environment, Rational Use of Natural Resources

The officials of the Ministry of natural resources and protection of the environment protection of the environment and its territorial bodies that carry out the control in the sphere of protection of the environment, rational use of natural resources have the right to wear the uniform with the badges of rank, have and use the special weapon at time of fulfillment of the official duties.

The order of giving out the uniform and special weapon and also the order of carrying, use and storage of special weapon is established by the legislation of the Republic of Belarus.

 

Article 94. Departmental and Industrial Control in the Sphere of Protection of the Environment, Rational Use of Natural Resources

Departmental control in the sphere of protection of the environment, rational use of natural resources, is carried out in the order established by the legislation of the Republic of Belarus on the control (supervisory) activity in the Republic of Belarus and by the present Law.

Legal persons and individual entrepreneurs at carrying out of the economic and other activity having the harmful influence on the environment must provide the conduct of the industrial control in the sphere of protection of the environment the protection of the environment, rational use of natural resources, including the organization of places for taking tests and measurements, in accordance with the requirements established by the normative legal acts of the Republic of Belarus protection of the environment including technical normative legal acts.

The head of a legal person, whose economic or other activity has the harmful influence on environment, shall appoint the official responsible for conducting the industrial control in the sphere of protection of the environment, rational use of natural resources, and in case of the necessity create a division which shall perform the industrial control in the sphere of protection of the environment, rational use of natural resources protection of the environment.

The industrial control in the sphere of the protection of the environment, rational use of natural resources shall be performed at the own expense and at the expense of other sources of financing in accordance with the instruction, elaborated and approved by a legal person or individual entrepreneur in the order established by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus.

 

Article 95. Excluded.

Protection of the environmentprotection of the environmentle 96. Analytic (Laboratory) Control in the Sphere of Protection of the Environment

Analytic (laboratory) control in the sphere of protection of the environment (hereinafter – analytic control) is carried out in order to perform the control in the sphere of the protection of the environment, rational use of natural resources.

Analytic (laboratory) control in the sphere of protection of the environment includes the following:

sampling and measurements in the sphere of protection of the environment;

assessment of compliance with environment quality standards;

assessment of compliance with standards of allowable emissions and discharges of chemicals and other substances into the environment;

assessment of the effectiveness of conservation measures;

comprehensive assessment of the environmental impact of economic and other activities carried out on the basis of integrated environmental permits;

assessment of the compliance of the actual parameters of functioning of sewage treatment plants, machinery, tools parameters, approved in the content of the design documentation;

assessment of compliance with the requirements for waste management;

assessment of compliance with the technical requirements for the composition of fuel;

assessment of the effectiveness of production control in the sphere of protection of the environment, rational use of natural resources;

assessment of compliance with other requirements and standards in the sphere of protection of the environment and rational use of natural resources.

protection of the environmentprotection of the environmentprotection of the environmentSampling and measurements in the sphere of the protection of the environment shall be held:

by the authorized by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus subordinate organization which possesses accredited test laboratories (centers) in its composition;

by the accredited test laboratories (centers) of legal entities and individual entrepreneurs.

The Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus and its territorial bodies carry out the analytical control in the sphere of the environment, provided by the paragraphs three-eleven of the part two of this Article.

The results of the sampling and measurements in the sphere of the protection of the environment shall be documented in the relevant acts and protocols according to forms established by the Ministry of Natural Resources and Protection of the Environment of the Republic of Belarus. The protocol of measurements in the sphere of the protection of the environment is the basis for the confirmation of compliance or non-compliance by legal entities and individual entrepreneurs of the requirements of the legislation of the Republic of Belarus on protection of the environment and the rational use of natural resources.

The order of the implementation of the analytical (laboratory) control in the sphere of the protection of the environment shall be established by the Council of Ministers of the Republic of Belarus.

Article 97. Ecological Audit

Ecological audit is conducted for the purposes of the provision of ecological safety, determining the ways and means of reduction of risk of harmful influence on the environment of the economic and other activity on compliance with the requirements in the sphere of protection of the environment and other indexes established by the legislation of the Republic of Belarus.

Ecological audit is conducted by legal persons and individual entrepreneurs in order established by the legislation of the Republic of Belarus. Persons conducting the ecological audit can render services in elaboration of solutions on increasing the ecological safety of the production process on the checked objects.

Ecological audit of the economic and other activity of the legal persons and individual entrepreneurs can be conducted in voluntary or obligatory order at the expense of the own assets of this legal persons or individual entrepreneurs.

At privatization of the enterprises as property complexes of state unitary enterprises, and also in other cases established by the present Law and other legislative acts of the Republic of Belarus, the ecological audit is conducted in an obligatory manner in accordance with the legislation of the Republic of Belarus.

The order of conducting the ecological audit is established by the legislation of the Republic of Belarus.

 

CHAPTER 16
LIABILITY FOR THE INFRINGEMENT OF THE LEGISLATION OF THE REPUBLIC OF BELARUS ON PROTECTION OF THE ENVIRONMENT

 

Article 98. [Excluded]

 

Article 99. Liability for the Infringement of the Legislation of the Republic of Belarus on Protection of the environment

Infringement of the legislation of the Republic of Belarus on protection of the environment entails the liability in compliance with the legislative acts of the Republic of Belarus.

Calling the persons to the account for the infringement of the legislation of the Republic of Belarus on protection of the environment does not free them from the compensating harm caused to the environment, and carrying out the measures on its protection.

 

Article 100. Suspension (Prohibition) of the Economic and Other Activities Exerted Harmful Influence on the Environment

In case of violation of the legislation of the Republic of Belarus, which creates a threat of harm to the environment, economic and other activities of legal persons and individual entrepreneurs having harmful effects on the environment may be suspended (prohibited) by a state body exercising control in the sphere of protection of the environment, sustainable use of natural resources, in the order established by the legislation of the Republic of Belarus on the control (supervisory) activity in the Republic of Belarus.

Public associations operating in the sphere of protection of the environment, and citizens have the right to bring a court action to suspend (prohibit) economic and other activities which have a harmful effect on the environment, if as a result of such activities the requirements in the sphere of the protection of the environment are violated, environmental harm is caused or risks of environmental damage may take place in the future.

Article 1001. Renovation of the Suspended (Prohibited) Economic and Other Activities of Legal Persons and Individual Entrepreneurs

Renovation of suspended (prohibited) economic and other activities of legal persons and individual entrepreneurs shall be carried out in the order established by the legislation of the Republic of Belarus on control (supervisory) activity in the Republic of Belarus.

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Article 101. Compensation of Harm Caused to the Environment and Establishment the Fact of Its Infliction

Harm caused to the environment is subject to compensation in full, unless otherwise established by the present article, voluntary or upon the decision of the court by the person inflicted it.

The fact of infliction of harm to the environment established in the result of the control in the sphere of the protection of the environment, rational use of natural resources is recorded by the state body exercising the state control in the sphere of the environment protection in the act on establishment of the fact of infliction of harm to the environment which drawn up in the order established by the Council of Ministers of the Republic of Belarus.

The act on establishment of the fact of infliction of harm to the environment includes:

data about the state body (an official) who established the fact of infliction of harm to the environment ( a name and a place of residence of the state body, a full name and a position of the official);

time, place, circumstances of infliction of harm to the environment with a reference to the normative legal acts, including technical ones, which are not observed;

results of measurements in the sphere of the protection of the environment, rational use of natural resources (if they were done), evidencing the fact of infliction of harm to the environment;

the amount of compensation of harm caused to the environment.

The act on establishment of the fact of infliction of harm to the environment shall be signed by the official who established this fact.

The fact of infliction of harm to the environment established by the state body at exercising the control in the sphere of protection of the environment, rational use of natural resources shall not be proved, but evidence to the opposite may be submitted.

Measurements in the sphere of the protection of the environment, rational use of natural resources proved the fact of infliction of harm to the environment is conducted in compliance with the requirements of article 29 of the present law.

The fact of infliction of harm to the environment may be recorded by the bodies of inquest, preliminary investigation, by the public prosecutor’s office, other state bodies, which do not exercise the state control in the sphere of the environment protection, in accordance with the legislation on the criminal procedure, the administrative procedure and enforcement, and other legislation of the Republic of Belarus.

Claims on compensation of harm caused to the environment and entailed its pollution is not submitted by the state body exercising the state control in the sphere of the environment protection if the amount of such compensation is not exceeded 3 base units.

If the economic and other activities exerted a harmful influence on the environment and entailed the infliction of the ecological damage threaten to inflict the ecological damage in the future, the court is entitled to oblige legal persons or individual entrepreneurs not only to compensate the ecological damage, but also to suspend till the discovered infringement is eliminated, or prohibit such activities.

Article 1011. Amount, Methods and Terms of Compensation of Harm Caused to the Environment

The amount of compensation of harm caused to the environment is evaluated in accordance with fixed rates for calculation of the amount of compensation of harm caused to the environment, determined by the President of the Republic of Belarus, and if they are not available – under fact costs on restoration of the state of the environment with consideration of losses, including the lost profits.

The order of calculation of the amount of compensation of harm caused to the environment is established by the Council of ministers of the Republic of Belarus.

Harm caused to the environment may be compensated by a person inflicted it by way of restoration of the broken state of the environment at his/her/its own expenses and in accordance with the instructions of the state body exercising the control in the sphere of the protection of the environment, rational use of natural resources, contained in the claim on compensation of harm caused to the environment, or upon the court decision with consideration of the facts of a matter. The sum paid for restoration of the broken state of the environment shall not be less than the amount of the compensation of harm calculated in accordance with the fixed rates for calculation of the amount of compensation of harm caused to the environment.

Restoration of the broken state of the environment at the expenses of person inflicted harm to the environment is exercised in terms required for carrying out works on restoration the broken state of the environment and determined in the instructions of the state body exercising the control in the sphere of the protection of the environment, rational use of natural resources, and contained in the claim on compensation of harm caused to the environment, or in the court decision in accordance with the legislation of the Republic of Belarus.

 

Article 1012. Compensation of Harm Caused to the Environment in the Result of Carrying Out Ecologically Dangerous Activities

Legal persons and individual entrepreneurs carried out ecologically dangerous activities shall compensate harm caused to the environment in the result of such activities unless they prove the harm have been caused in the result of force majeure.

If the damage to the environment was inflicted in the result of the activities which meet the criteria of classification of the economic and other activities exerted a harmful influence on the environment as the ecologically dangerous activities but legal persons and individual entrepreneurs carrying out such activities have not accomplished the state registration in the sphere of the environment protection, a court may oblige such persons to compensate harm caused to the environment in accordance with part 1 of the present article.

Article 1013. Claims on Compensation of Harm Caused to the Environment

Before bringing an action on compensation of harm caused to the environment to the court, the state body exercising the control in the sphere of the protection of the environment, rational use of natural resources, another state organization submit, within the scope of its authority, a claim on compensation of harm caused to the environment to the person who inflicted harm on the environment.

The claim on compensation of harm caused to the environment contains:

data about the state body submitted the claim (a name and a place of residence of the state body);

data about the person who inflicted harm (a full name and a place of residence, a full name of an individual entrepreneur, his/her registration number and a name of the registering body, a name and a place of residence of a legal person);

circumstances on which the claim submitted by the state body is grounded with reference to the normative legal acts including technical ones which have not been observed;

calculation of the amount of harm caused to the environment, methods and terms of its compensating, requisites of the bank account whereto the compensation of harm caused to the environment shall be transferred.

If harm caused to the environment is compensated in the monetary form the term of its compensating shall not exceed 2 months from the date of submission of the claim.

The claim on compensation of harm caused to the environment shall be adjoined with the act on establishment of the fact of infliction of harm on the environment.

 

Article 1014. Claims on Compensation of Harm Caused to the Environment

If the claim on compensation of harm caused to the environment has not been allowed fully or partially, the state body exercising the control in the sphere of the protection of the environment, rational use of natural resources, another state organization, within the scope of its authority, or the public prosecutor bring an action on compensation of harm caused to the environment to a court.

Limitation of action terms are not applied to the actions on compensation of harm caused to the environment. Actions brought after expiration of the 3-years period form the date of establishment of the fact of harm infliction shall be allowed for the period not exceeding 3 years preceding submission of the action on compensation of harm caused to the environment.

 

Article 102. Compensation of Harm to the Life, Health and Property of Citizens, to the Property of Legal Persons and to the Property Owned by the State Caused in the Result of the Harmful Influence on the Environment

Harm to the life, health and property of citizens, to the property of legal persons and to the property owned by the state caused in the result of the harmful influence on the environment is subject to the full compensation by the person inflicted harm in accordance with the civil legislation of the Republic of Belarus.

Harm to the life, health and property of citizens, to the property of legal persons and to the property owned by the state caused in the result of the transboundary influence on the environment is compensated in accordance with the international treaties of the Republic of Belarus in the sphere of the environment protection.

 

Article 1021. Compensation of the Ecological Damage by the Person Who Insured His/Her/Its Liability

Legal persons and individual entrepreneurs who insured his/her/its civil liability for infliction of damage in the order established for the ecological insurance shall compensate the difference between the insurance payments and the fact amount of the inflicted damage, if the insurance money is not sufficient for the full compensation of the inflicted ecological damage.

 

Article 103. Resolving the Disputes in the Sphere of Protection of the Environment

Disputes in the sphere of protection of the environment are resolved by the Ministry of natural resources and protection of the environment of the Republic of Belarus or its territorial bodies and/or by court in order established by the legislation of the Republic of Belarus.

 

CHAPTER 17
INTERNATIONAL COOPERATION IN THE SPHERE OF PROTECTION OF THE ENVIRONMENT

 

Article 104. International Cooperation in the Sphere of Protection of the environment

Republic of Belarus carry out international cooperation in the sphere of protection of the environment in compliance with the general principles and norms of the international law and international treaties of the Republic of Belarus in the sphere of protection of the environment.

Republic of Belarus takes part in international cooperation in the sphere of protection of the environment in compliance with the legislation of the Republic of Belarus.

 

Article 105. Treaties

If a treaty of the Republic of Belarus establishes other rules of protection of the environment than those provided by the present Law, the rules of the treaty should be applied.

 

 

* unofficial translation *