LAW OF THE REPUBLIC OF BELARUS

of November 15, 2018 No. 150-Z

About especially protected natural territories

Accepted by the House of Representatives on October 16, 2018

Approved by Council of the Republic on October 31, 2018

This Law determines the legal basis of the announcement, functioning, transformation, termination of functioning, protection and use of especially protected natural territories (further, unless otherwise specified, - OOPT) and is directed to preserving and recovery (reproduction) of valuable natural complexes and objects.

Chapter 1 General provisions

Article 1. The main terms used in this Law and their determinations

1. Wildlife area - OOPT announced for the purpose of preserving and recovery (reproduction) of valuable natural complexes and objects.

2. Reserve - OOPT announced for the purpose of providing the natural course of natural processes, preserving in natural state and studying of valuable natural complexes and objects.

3. National park - OOPT announced for the purpose of preserving, recovery (reproduction) of valuable natural complexes and objects, their rational (steady) use in the course of nature protection, scientific, educational, tourist and recreational activities.

4. OOPT - part of the territory of the Republic of Belarus with valuable natural complexes and (or) objects concerning which the specific mode of protection and use is set.

5. Protection of OOPT - the activities directed to preserving and recovery (reproduction) of valuable natural complexes and objects, prevention of pollution, degradation, damage, depletion, destruction, destruction and other harmful effects of economic and other activity on valuable natural complexes and objects and mitigation of consequences of such impact, ensuring compliance with the mode of protection and use of OOPT.

6. Nature sanctuary - OOPT announced for the purpose of preserving valuable natural complex or object.

7. The OOPT system - the set of reserves, national parks, wildlife areas and nature sanctuaries created for the purpose of preserving biological and landscape diversity, maintenance of ecological equilibrium in the Republic of Belarus.

8. Management of OOPT - the activities connected with planning and holding nature protection and other actions on OOPT, ensuring compliance with the mode of its protection and use.

9. Valuable natural complexes and objects - the unique, reference and (or) irreplaceable natural complexes and objects, natural ecological systems (further - ecosystems) having special ecological, scientific and (or) esthetic value, typical and rare natural landscapes and biotopes, the rare and being under the threat of disappearance types of wild animals and wild-growing plants, places of their dwelling and growth.

Article 2. Legislation on OOPT

1. The legislation on OOPT is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation governing the relations in the field of OOPT.

2. The relations in the field of protection and use of the valuable natural complexes and objects located on OOPT are regulated by the legislation on protection and use of lands, on protection and use of waters, on protection and use of fauna, on protection and use of flora, on protection and use of subsoil, on use, protection, protection and reproduction of the woods if other is not established by the legislation on OOPT.

3. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. Classification of OOPT

1. Depending on features of valuable natural complexes and objects, announcements of OOPT are more whole, the mode of their protection and use of OOPT are subdivided into the following categories:

1.1. reserves;

1.2. national parks;

1.3. wildlife areas;

1.4. nature sanctuaries.

2. Depending on features of valuable natural complexes and objects nature sanctuaries are subdivided into the following types:

2.1. botanical (sites of the wood with valuable tree species, the ancient parks certain century or rare breeds trees and their groups, the territory with relic or especially valuable vegetation, other valuable botanical objects);

2.2. hydrological (springs, streams and other valuable water objects and related ecosystems);

2.3. geological (the separate rare forms of relief located in the environment mineralogical, paleontologic and other unique geological materials).

3. Depending on the level of public administration of OOPT are subdivided into OOPT of republican and local value.

Reserves and national parks are OOPT of republican value.

Wildlife areas and nature sanctuaries can be OOPT of republican or local value.

4. OOPT can be recognized as OOPT of the international value according to the procedure, the stipulated in Clause 33 presents of the Law.

Article 4. Earth of OOPT

1. The lands forming OOPT consist of lands of nature protection purpose and (or) lands of other categories, except for the lands specified in Item 2 of this Article.

2. The structure of the lands forming OOPT does not join the parcels of land (part of the parcels of land) located in borders of OOPT which purpose does not answer the purposes of the announcement of OOPT. Such parcels of land (part of the parcels of land) are specified in decisions on the announcement, the OOPT transformation.

3. After the announcement, the OOPT transformations concerning the rights to the parcels of land provided to land users included in structure of the lands forming OOPT, and also OOPT located in borders of the conservation zone are set restrictions (encumbrances) providing observance of the mode of protection and use of OOPT, its conservation zone.

4. Withdrawal and provision of the parcels of land from the lands located in borders of OOPT, its conservation zone are allowed if the purposes and conditions of withdrawal and provision of these parcels of land do not contradict the mode of protection and use of this OOPT, its conservation zone if other is not established by the President of the Republic of Belarus.

5. In the solution on withdrawal and provision of the parcel of land located in borders of OOPT, its conservation zone restrictions (encumbrances) of the rights to the parcels of land providing observance of the mode of protection and use of OOPT, its conservation zone shall be set.

Chapter 2 Public administration in the field of OOPT

Article 5. Public administration in the field of OOPT

Public administration in the field of OOPT is exercised of the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus (further - Ministry for Protection of the Environment and Natural Resources), local councils of deputies, executive and administrative organs.

Article 6. Powers of the President of the Republic of Belarus in the field of OOPT

1. The president of the Republic of Belarus in the field of OOPT:

1.1. determines single state policy;

1.2. makes decisions on the announcement, transformation, the termination of functioning of reserves, national parks.

2. The president of the Republic of Belarus performs other powers in the field of OOPT according to the Constitution of the Republic of Belarus, this Law and other legal acts.

Article 7. Powers of Council of Ministers of the Republic of Belarus in the field of OOPT

1. Council of Ministers of the Republic of Belarus in the field of OOPT:

1.1. provides realization of single state policy;

1.2. approves the National strategy of development for the OOPT system and exercises control of its realization;

1.3. approves state programs in the field of development of the OOPT system and exercises control of their realization;

1.4. approves the scheme of rational placement of OOPT of republican value and exercises control of its realization;

1.5. makes decisions on the announcement, transformation, the termination of functioning of wildlife areas of republican value.

2. The Council of Ministers of the Republic of Belarus performs other powers in the field of OOPT according to the Constitution of the Republic of Belarus, this Law and other legal acts.

Article 8. Powers of Ministry for Protection of the Environment and Natural Resources in the field of OOPT

1. Ministry for Protection of the Environment and Natural Resources in the field of OOPT:

1.1. realizes single state policy;

1.2. develops together with National academy of Sciences of Belarus (further - NAS of Belarus), other interested state bodies and other organizations drafts of the National strategy of development for the OOPT system, state programs in the field of development of the OOPT system, the scheme of rational placement of OOPT of republican value and will organize their realization;

1.3. makes decisions on the announcement, transformation, the termination of functioning of nature sanctuaries of republican value;

1.4. provides preparation and introduction of ideas of reservation of the territories which OOPT of republican value is planned to announce;

1.5. provides preparation and introduction of ideas of the announcement, transformation, the termination of functioning of OOPT of republican value;

1.6. informs the population on the mode of protection and use of OOPT, their conservation zones;

1.7. provides maintaining the register of especially protected natural territories of the Republic of Belarus (further, unless otherwise specified, - the register of OOPT) and determines the state organization subordinated to it performing maintaining the register of OOPT;

1.8. coordinates accomplishment of obligations of the Republic of Belarus according to international treaties of the Republic of Belarus.

2. Ministry for Protection of the Environment and Natural Resources performs other powers in the field of OOPT according to this Law and other acts of the legislation.

Article 9. Powers of local councils of deputies, executive and administrative organs in the field of OOPT

1. Local councils of deputies in the field of OOPT:

1.1. approve regional schemes of rational placement of OOPT of local value in coordination with Ministry for Protection of the Environment and Natural Resources;

1.2. make decisions on cancellation of the acts of the legislation of decisions of local executive and administrative organs of reservation of the territories which are not conforming to requirements which OOPT, is planned to announce the announcement, transformation, the termination of functioning of wildlife areas, nature sanctuaries of local value;

1.3. perform other powers according to this Law and other acts of the legislation.

2. Local executive and administrative organs in the field of OOPT:

2.1. make decisions on reservation of the territories which OOPT is planned to announce;

2.2. make decisions on the announcement, transformation, the termination of functioning of wildlife areas, nature sanctuaries of local value;

2.3. provide management of OOPT, transferred by it to the control;

2.4. develop drafts of regional schemes of rational placement of OOPT of local value together with NAS of Belarus, other interested state bodies and other organizations and will organize their realization;

2.5. inform the population on the mode of protection and use of OOPT, their conservation zones;

2.6. perform other powers according to this Law and other acts of the legislation.

Chapter 3 Participation of physical persons and legal entities in the solution of the questions connected with OOPT

Article 10. Participation of physical persons and legal entities in holding the actions connected with the announcement, functioning, protection and use of OOPT

Physical persons and legal entities have the right to make offers and to render assistance to state bodies, state body (other state organization) which in management (which) OOPT is transferred (further, unless otherwise specified, - managing body), in holding the actions connected with the announcement, functioning, protection and use of OOPT and also to participate in work of the scientific and technical council created under the public nature protection institution exercising control of the reserve, national park with the consent of this organization.

Article 11. Participation of physical persons and legal entities in public discussions of drafts of ecologically significant decisions concerning OOPT and obtaining of information concerning OOPT by them

1. Physical persons and legal entities have the right to participate in public discussions of drafts of ecologically significant decisions concerning OOPT including drafts of the National strategy of development for the OOPT system, state programs in the field of development of the OOPT system, the scheme of rational placement of OOPT of republican value, regional schemes of rational placement of OOPT of local value, management plans of OOPT.

2. State bodies shall consider offers of physical persons and legal entities in case of adoption of ecologically significant decisions concerning OOPT including the National strategy of development for the OOPT system, state programs in the field of development of the OOPT system, the scheme of rational placement of OOPT of republican value, regional schemes of rational placement of OOPT of local value, management plans of OOPT.

3. Physical persons and legal entities have the right to request and receive the complete, reliable and up-to-date public information concerning questions of the announcement, functioning, transformation, termination of functioning, protection and use of OOPT from the relevant state bodies and other organizations, according to the procedure, established by the legislation on environmental protection.

Chapter 4 Scientific providing OOPT

Article 12. Scientific ensuring functioning and protection of OOPT, development of the OOPT system

1. Scientific ensuring functioning and protection of OOPT, development of the OOPT system perform NAS of Belarus, other legal entities performing scientific activities.

2. NAS of Belarus in the field of scientific ensuring functioning and protection of OOPT, development of the OOPT system:

2.1. performs coordination of scientific ensuring functioning and protection of OOPT, development of the OOPT system;

2.2. participates in development and realization of the state scientific and technical policy;

2.3. provides implementation of state programs of scientific research and the state scientific and technical programs;

2.4. makes in the procedure established by the legislation offers on financing of scientific and innovative activities on OOPT;

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