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Ministry of Justice

Republic of Tajikistan

 On November 7, 2018 No. 543

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of November 1, 2018 No. 532

About impact Evaluation procedure on the environment, classification of objects of assessment by categories, depending on nature of their impact on the environment, and also the criteria determining categories of danger of objects of the planned activities to the environment

According to article 5 of the Law of the Republic of Tajikistan "About environmental impact assessment" and article 57 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Approve impact Evaluation procedure on the environment, classification of objects of assessment by categories, depending on nature of their impact on the environment, and also the criteria determining categories of danger of objects of the planned activities to the environment (appendices 1, 2 and 3).

2. To committee on environmental protection under the Government of the Republic of Tajikistan to make the regulations according to this resolution and to provide its accomplishment.

3. Declare invalid the orders of the Government of the Republic of Tajikistan of June 3, 2013, No. 253 "About the List of objects and types of activity for which development of materials on environmental impact assessment" and of August 1, 2014 is obligatory, for No. 509 "About the Procedure for the organization and evaluating impact on the environment".

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Appendix 1

to the Order of the Government of the Republic of Tajikistan of November 1, 2018 No. 532

Impact evaluation procedure on the environment

1. This Procedure determines environmental impact assessment taking into account regulations of the legislation of the Republic of Tajikistan.

2. The environmental impact assessment is carried out in case of development:

- drafts of program documents of social and economic development;

- drafts of the state and territorial complex schemes of conservation and use of natural resources;

- project (town-planning) documents;

- preproject and project and estimate (the project, the working project) documentation of construction of new objects, reconstruction, expansions, modernization, reshaping, preservation and liquidation of the operating objects;

- projects on creation of especially protected territories, introduction of types of flora and fauna, to preserving biodiversity and other nature protection actions.

3. When evaluating impact on the environment are discussed:

- the project of the planned object;

- reliability and scientific justification of the materials included in materials according to impact;

- to provide obligation of the customer to all participants of environmental impact assessment possibility of timely receipt of complete and reliable information;

- accounting of provisions of the Convention on environmental impact assessment in cross-border context (Convention Espoo) if the planned economic and other activity can have cross-border impact.

4. Taking into account degree of danger of objects, for development of the valuation report of impact on the environment ecological researches on assessment of impact of the planned object on the following components of the environment are conducted:

- assessment of possible impact on atmospheric air;

- assessment of acoustic impact;

- assessment of impact of the planned activities on surface and underground water;

- assessment of possible impact on soil and vegetable cover;

- assessment of recreational impact on the adjacent territories;

- development of the nature protection actions promoting decrease in negative effects.

5. In case of provisional estimate of impact on the environment the customer documents information on the planned activities, including the purpose of its realization й implementation terms, compliance to territorial and industry programs, the expected site area, and also about state of environment, possible impact on it in case of realization of the planned activities.

6. During provisional estimate the customer (contractor) informs the public on the planned economic activity. Information is published in official publications of executive bodies of the government in the territory which project implementation is planned, and also in the territory of which the planned activities can make impact. Information contains data on the place of receipt of information and carrying out consultations, method of informing the public (including by means of the websites, mail, mass media, the organization of hearings, use of drawings, tables, schemes, charts, etc.), methods of consultations with citizens (including in the form of discussion of written representations, population survey results), and also terms for the corresponding stages of environmental impact assessment.

7. Based on results of provisional estimate of impact the customer constitutes the specification on evaluating impact on the environment which contains:

- name and address of the customer (contractor);

- terms, the main methods and tasks of evaluating impact on the environment;

- expected structure and content of materials of environmental impact assessment.

8. In case of creation of the specification the customer considers requirements of authorized body in the field of environmental protection, and also opinions of other participants of process of environmental impact assessment.

9. Based on provisional estimate and the specification the self-assessment of impact of the planned economic and other activity on the environment is carried out and the report is prepared.

10. The business entity or the contractor of environmental impact assessment represents preliminary option of materials of assessment for acquaintance of the public, acceptance from citizens and public organizations of written notes and offers, after the end of public discussions applies them to materials on environmental impact assessment and documents them.

11. Taking into account the arrived notes and offers the final version of materials (set of documents) of environmental impact assessment is constituted. The customer provides access for the public to final version of materials during all term from the moment of approval of the last and before decision making about realization of the planned activities.

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