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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of March 3, 1992 No. 122

About introduction of payment for natural resources, payments for emissions of pollutants in the environment and use of means from collection of the specified payments

(as amended on 10-06-2008)

For the purpose of stimulation of rational and complex use of natural resources of the republic the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Introduce since March 1, 1992 payment for use of natural resources and environmental pollution in the territory of the Azerbaijan Republic.

2. Approve the enclosed Procedure for collection of payment for natural resources, payments for emissions of pollutants in the environment and uses of means from collection of the specified payments.

3. Approve the enclosed standard rates of payment for use of natural resources and environmental pollution and coefficients of ecological situation and the ecological importance of the territories (appendices No. 1-7).

4. Determine that for the purpose of non-admission of negative social consequences of introduction of payments for natural resources in 1992 are exempted from payment:

- the organizations of municipal industry - in case of water intake from superficial and underground natural water sources for its giving to the residential sector and social and cultural facilities financed from the state budget;

- objects of agro-industrial complex - in case of water intake from superficial natural water sources for irrigation.

5. To the state committee of the Azerbaijan Republic on conservation and the Ministry of Finance of the Azerbaijan Republic with participation of the interested organizations to finish until the end of 1992 development of standard rates of payments for use of vegetable resources, fish inventories and others.

6. To the state committee of the Azerbaijan Republic on conservation during 1992 to carry out the analysis of results of introduction of payment system. If necessary to develop and provide to the Cabinet of Ministers of the Azerbaijan Republic in coordination with the Ministry of Finance of the Azerbaijan Republic and the State committee of the Azerbaijan Republic on economy and supply planning on enhancement of payment system and rates.

 

Prime Minister

Azerbaijan Republic

G. GASANOV

Deputy manager of cases

I. GADZHIYEV

 

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 3, 1992, No. 122

Procedure for collection of payment for natural resources, payments for emissions of pollutants in the environment and uses of means from collection of the specified payments

1. This procedure is developed according to the Constitutional act "About Sovereignty of the Azerbaijan Republic", directive decisions in the field of regulation of use and protection of natural resources.

2. The procedure establishes the basic principles of the paid nature of environmental management, economic methods of regulation of emissions (dumpings, placement) pollutants to the environment.

3. The procedure is subject to application by all ministries, departments, associations, the companies, state, public, cooperative and other organizations, certain citizens, and also foreign legal entities and physical persons and joint businesses irrespective of their departmental accessory in all territory of the Azerbaijan Republic and the adjacent site of the water area of the Caspian Sea.

4. The payment for natural resources and payments for emissions (dumpings, placement) of pollutants to the environment is levied from users of nature according to the permission to environmental management issued by authorized bodies in accordance with the established procedure.

When involving natural resources in use or in case of impact on the environment without the corresponding permission economic sanctions which procedure for establishment is regulated by the legislation of the Azerbaijan Republic are applied.

5. The admissible (temporarily approved) amounts of use (withdrawal) of natural resources, and also emissions (dumpings) of pollutants and placement of waste in the environment for specific users of nature for the corresponding term are determined by the limits on environmental management set by specially authorized bodies of the republic.

6. Payments for emissions (dumpings) of pollutants include:

- payments for emissions (dumpings) of pollutants within the set limits (normative);

- payments for emissions (dumpings) of pollutants over the set limits (above-standard).

Emissions (dumpings) of pollutants over the set limits (standard rates) are paid in fivefold size.

7. The payment for pollution of the environment is established taking into account coefficients of ecological situation and the ecological importance of the territories.

8. In cases of emergency emissions (dumpings) because of users of nature, and also pollution of the environment without the permission to emission (dumping, placement of waste) which is drawn up in accordance with the established procedure the tenfold rate to standard rates of payment for admissible emissions (dumpings, placement of waste) of pollutants is established. The mass of pollutants is determined based on tool measurements from the moment of emergence of violation before its liquidation, or settlement way with use of the approved techniques.

9. Introduction of payment for right to use by natural resources, and also the payments listed in Items 6 and 7 of this Procedure does not exempt the company (organization) and citizens from collection from them:

- compensating payments for disposal of natural resources from target (complex) use or the deterioration in their quality caused by activities of these companies (organizations) and citizens;

- compensations of the damage caused by non-compliance with requirements of environmental protection from pollution and other harmful effects, rational use of natural resources, abuse of regulations of ecological safety of production, sanitary and hygienic regulations and requirements for protection of health of employees of the companies, the population and consumers of the made products, and also penalties for the specified violations.

The procedure for calculation and application of these payments, taxes and sanctions is established by the legislation of the republic.

10. Rates of payment for right to use by natural resources are established by state bodies of the Azerbaijan Republic, proceeding from average on the republic of settlement level of these rates and cadastral estimates of specific natural resources.

In the absence of cadastral estimates the specified rates are established proceeding from their average level taking into account distinctions in quality, natural productivity, the location and conditions of use of these natural resources.

The payment for right to use is levied by natural resources in type of tax, the rent or in other forms, stipulated by the legislation.

11. The payment for emissions of pollutants represents compensation for economic damage from environmental pollution and is made by profit (income), being at the command users of nature.

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