RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF AZERBAIJAN

of July 12, 2006 No. 169

About approval of Rules of the organization of nature sanctuaries and the territories of their arrangement

According to article 30 of the Law of the Azerbaijan Republic "About especially protected territories and objects of the nature" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of the organization of nature sanctuaries and the territories of their arrangement" (are applied).

2. Consider invalid item 4 of the resolution of the Central Committee of KP of Azerbaijan and Council of Ministers of the Azerbaijani SSR "About protection of nature sanctuaries of the Azerbaijani SSR" of March 16, 1982 No. 167.

3. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 12, 2006 No. 169

Rules of the organization of nature sanctuaries and territories of their arrangement

1. These rules are prepared according to article 30 of the Law of the Azerbaijan Republic "About especially protected territories and objects of the nature of the Azerbaijan Republic" and regulate the organization of nature sanctuaries and the territory of their arrangement.

2. Nature sanctuaries are objects of the nature of special ecological, scientific, cultural and esthetic value.

3. The rare landscapes or separate elements, the valuable timberland, characteristic of specific geographical zone, constituting standard of local groups of trees and differing in rare specific structure, places of distribution of the local or being under the threat of disappearance plants, century separate trees, and also geological cuts, mud volcanoes, caves, deposits of paleontologic or paleorastitelny remaining balance, springs, rare lakes and other places belong to objects of nature sanctuaries.

4. In the territories of arrangement of nature sanctuaries the legal regime of special protection is applied and their natural state remains.

5. Nature sanctuaries can be republican or regional value.

Taking into account the conclusion of the Ministry of Science and education of the Azerbaijan Republic and National academy of Sciences of Azerbaijan nature sanctuaries of republican value will be organized by the Cabinet of Ministers of the Azerbaijan Republic based on representation of the Ministry of Ecology and Natural Resources of the Azerbaijan Republic, and nature sanctuaries of regional value - the Ministry of Ecology and Natural Resources of the Azerbaijan Republic.

6. Reference of nature sanctuaries to categories and transfer from one category in another are performed by the Cabinet of Ministers of the Azerbaijan Republic according to the procedure, established by the legislation.

7. Nature sanctuaries can be organized on the parcels of land of owners, users and lessees of the earth without withdrawal of the parcels of land at them according to Item 5 of these rules.

8. The parcels of land where there are nature sanctuaries, are used on the basis of the servitude right (limited right use of others parcel of land) with the consent of the owner, the user or the lessee of the earth or by a court decision.

9. Nature sanctuaries belong to the Azerbaijani state without damage to the rights and interests of any physical person or legal entity and cannot be aloof.

10. The objects carried to nature sanctuaries and the territories of their arrangement are removed from economic operation, and any activities breaking natural state of nature sanctuaries are forbidden there.

11. Transfer of nature sanctuaries to management, use and lease to physical persons and legal entities is prohibited.

12. Nature sanctuaries can be used in the scientific cultural and training purposes according to the procedure, established by the Ministry of Ecology and Natural Resources of the Azerbaijan Republic.

13. In cases, stipulated by the legislation, use of the objects carried to nature sanctuaries and the territories of their arrangement can be paid.

14. The Ministry of Ecology and Natural Resources of the Azerbaijan Republic registers nature sanctuaries with index signs in nature and provides management of nature sanctuaries, exercises the state supervision of protection, protection, recovery of these objects.

15. On each of nature sanctuaries the Ministry of Ecology and Natural Resources of the Azerbaijan Republic makes the passport. Records about the importance, the name, the location of nature sanctuary, date of the organization, registration number and date of the state act of right to use by the earth by the owner, the user and the lessee in the territory of monument arrangement, type of the protected object, its characteristic, the changes made to it in the course of activities shall be reflected in the passport.

The passport is accepted on state registration in the Ministry of Ecology and Natural Resources of the Azerbaijan Republic and is stored in relevant organ of the executive authority and at the owner, the user or the lessee is the earth of the territory of arrangement of nature sanctuary.

16. The Ministry of Ecology and Natural Resources of the Azerbaijan Republic signs the agreement establishing security obligations with the owner, the user and the lessee of the earth of the territory of arrangement of nature sanctuary. The sizes of zone of protection, the right and the obligation of the parties, responsibility and other necessary information shall be reflected in the agreement legal regime of special protection in the territory of arrangement of nature sanctuaries.

The agreement establishing security obligations is stored in the Ministry of Ecology and Natural Resources of the Azerbaijan Republic, at the owner, the user and the lessee is the earth of the territory of finding of nature sanctuary.

17. In case of damage or destruction of nature sanctuary as a result of spontaneous incident or other reasons the owner, the user or the lessee of the earth of the territory of arrangement of monument shall address to the Ministry of Ecology and Natural Resources of the Azerbaijan Republic.

The Ministry of Ecology and Natural Resources of the Azerbaijan Republic the order creates the commission with participation of specialists, scientists of this ministry and representatives of the corresponding local executive bodies. Members of the commission, having performed inspection of nature sanctuary, prepare measures for its recovery, and in case of destruction of monument draw up the statement. In both cases the relevant documents are submitted to the Ministry of Ecology and Natural Resources of the Azerbaijan Republic.

The damaged nature sanctuary is recovered under the supervision of specialists and scientists of the Ministry of Ecology and Natural Resources of the Azerbaijan Republic. The destroyed nature sanctuary of republican value is liquidated on the basis of representation of the Ministry of Ecology and Natural Resources of the Azerbaijan Republic, the Cabinet of Ministers of the Azerbaijan Republic, and nature sanctuary of regional value - the Ministries of Ecology and Natural Resources of the Azerbaijan Republic.

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