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LAW OF THE REPUBLIC OF BELARUS

of December 18, 2019 No. 272-Z

About protection and use of peat bogs

It is accepted by the House of Representatives on November 19, 2019

Approved by Council of the Republic on December 3, 2019

This Law establishes the legal basis of protection of peat bogs, rational (steady) use of their resources and is directed to preserving swamps, preserving, recovery of biospheric functions of swamps, satisfaction of economic and other needs for these resources of the present and future generations, and also to realization of the rights of citizens to the favorable environment and environmental management, international treaties of the Republic of Belarus in this area.

Chapter 1. General provisions

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

1. Biospheric functions of swamps - the accumulative, biological, mezhkrugovorotny, landscape, gas control, geochemical, hydrological and climatic functions which are carried out by swamps.

2. Marsh vegetation - the vegetation of hydrophilic types (sphagnum, reed, sedge, cotton grass, Labrador tea and other vegetation) growing on swamps.

3. Marsh ecological system - natural ecological system in swamp borders.

4. The swamp - the natural complex which is characterized by permanent remoistening of lands and the growing marsh vegetation in case of which dying off there are processes of peat formation and peat accumulation.

5. The riding swamp - the swamp in which water food atmospheric precipitation prevails.

6. The developed peat field - the peat field developed fully or partially on which peat production according to the procedure, by the established legislation on protection and use of subsoil, in connection with exhaustion of recoverable reserves or for the economic reasons which did not allow to take completely peat inventories is stopped.

7. Hydrological buffer zone of the natural swamp - the territory adjacent to borders of the natural swamp in which the special mode of its protection and use for prevention of violation of the hydrological mode and pollution of the natural swamp is set.

8. Peat bog border - the conditional line determined by zero depth of peat on the Earth's surface and the conditional vertical plane passing across this line separating peat bog other natural (natural and anthropogenous) complexes, anthropogenous objects.

9. Ground waters - underground waters of the free-flow water-bearing horizon (complex), the first from the Earth's surface, receiving water food on the area of its distribution.

10. The natural swamp - the swamp which is not broken or slightly broken by economic and other activity, natural processes on which there was no essential change of its natural state and which is characterized by availability of processes of peat formation and peat accumulation, growth of marsh vegetation on the area at least 65 percent from all area of the swamp, and also the natural hydrological mode.

11. Violation of the natural swamp - change of condition of the natural swamp, including the change of its hydrological mode, processes of peat formation and peat accumulation, specific structure of the wild-growing plants and the living wild animals growing on it which resulted from implementation of economic and other activity, natural processes which did not lead to drainage of the swamp and the termination of processes of peat formation and peat accumulation.

12. The broken swamp - the swamp on which as a result of implementation of economic and other activity, natural processes there was change of its natural state, including change of its hydrological mode, processes of peat formation and peat accumulation, specific structure of the wild-growing plants and the living wild animals growing on it which did not lead to drainage of the swamp and the termination of processes of peat formation and peat accumulation.

13. The low-lying swamp - the swamp in which water food ground and surface water prevails.

14. The drained lands with peat soils - lands on which drainage is carried out, having in soil profile one or several layers of peat.

15. Protection of peat bogs - the activities directed to prevention of pollution, degradation, resource depletion of peat bogs, violations of natural swamps and other harmful effects of economic and other activity (further, unless otherwise specified, - harmful effects) on peat bogs and mitigation of consequences of such impact, ensuring compliance with the set mode of protection and use of natural swamps and their hydrological buffer zones.

16. Paludikultura - plantatsionny cultivation of reed and other marsh vegetation on repeatedly boggy peat bogs for the purpose of receipt of vegetable biomass and preserving, recovery of biospheric functions of swamps.

17. The transitional swamp - the swamp which water food is constituted underground (including soil) by waters and atmospheric precipitation.

18. Repeatedly boggy peat bog - peat bog on which ecological rehabilitation (repeated bogging) is performed.

19. Peat - the organogenic rock formed as a result of dying off and incomplete disintegration of marsh vegetation in the conditions of permanent remoistening in case of lack of oxygen.

20. Peat bog (the swamp, the peat field, the drained lands with peat soils (further, unless otherwise specified, - peat bog)) - the natural (natural and anthropogenous) complex which is in the natural or drained condition which obligatory component is the layer (layers) of peat formed in it in the course of peat formation.

21. The peat field - the geological education consisting of peat beddings which on inventories of peat and its quality is suitable for industrial and (or) other economic use.

22. Management of peat bogs - the activities connected with planning and carrying out on peat bogs in hydrological buffer zones of natural swamps of actions for preserving swamps, to preserving, recovery of biospheric functions of swamps and rational (steady) use of resources of peat bogs.

23. Ecological rehabilitation of peat bogs - the activities directed to recovery of biospheric functions of swamps and processes of peat formation, the termination of processes of erosion of peat soils and mineralization of peat, decrease in fire risk on peat bogs, performed by regulation of level of ground waters (repeated bogging).

Article 2. Legal regulation of the relations in the field of protection and use of peat bogs

1. The relations in the field of protection and use of peat bogs are regulated by the legislation in the field of protection and use of peat bogs, and also international treaties of the Republic of Belarus.

2. The legislation in the field of protection and use of peat bogs 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 this area.

3. The relations in the field of protection and use of land resources, resources of subsoil, forest, water resources, resources of animal and the flora which are in borders of peat bogs are regulated by the legislation on protection and use of lands, on protection and use of subsoil, on use, protection, protection and reproduction of the woods, on protection and use of waters, on protection and use of fauna, on protection and use of flora if the legislation in the field of protection and use of peat bogs does not provide other.

4. The relations connected with protection and use of the peat bogs located in borders of the natural territories, subjects to special and (or) special protection are regulated by the legislation in the field of protection and use of peat bogs if the legislation on environmental protection does not provide other.

5. The relations connected with protection and use of peat bogs, arising when holding meliorative actions, using of the reclaimed lands are regulated by the legislation on land reclamation if the legislation in the field of protection and use of peat bogs does not provide other.

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