RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of April 11, 2022 No. 219

About dachshunds for determination of the amount of the indemnification caused to the environment, and procedure for its calculation

Based on Item 1 of article 107 of the Law of the Republic of Belarus of November 26, 1992 "About environmental protection" and subitem 1.11-1 of Item 1 of Article 11 of the Forest code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES: No. 1982-XII

1. Determine that:

1.1. harm to the environment is considered caused in case of establishment of one of the following facts:

emission of pollutant in atmospheric air from stationary source of emissions with exceeding of standard rates (temporary standard rates) of admissible emissions of the pollutants in atmospheric air established in the operating permission to emissions of pollutants in atmospheric air or complex nature protection permission or in the absence of the established standard rates (temporary standard rates) of admissible emissions of pollutants in atmospheric air if establishment of such standard rates is obligatory according to the legislation on protection of atmospheric air;

emission of pollutant in atmospheric air from stationary source of emissions with exceeding of regulations of the emissions established by technical regulatory legal acts, obligatory for observance, if receipt of permission to emissions of pollutants in atmospheric air or complex nature protection permission is not required;

emission of pollutant in atmospheric air from organized stationary source of emissions without the permission on emissions of pollutants in atmospheric air or complex nature protection permission if receipt of such permission is obligatory according to the legislation;

emission of pollutant in atmospheric air as a result of combustion of fuel, substances, mixes of substances, materials, waste in the places and (or) devices which are not intended for their burning, except for circumstances, caused by the controlled burning initiated by rescue services;

non-use of gas-purifying installation during the operation of the processing equipment connected to it;

content of pollutants in the fulfilled gases of engines of mobile sources of the emissions checked on objects of control at persons performing their operation at the time of check with exceeding of regulations of content of pollutants in the fulfilled gases of mobile sources of emissions at least on one pollutant on one of operating modes of engines;

dumping of sewage * in the superficial water object with violation of requirements in the field of environmental protection, other violation of the law which entailed temperature increase in control alignment of superficial water object (except for technological water object) in comparison with its natural temperature in background alignment from 3 and more degrees Celsius;

dumping of sewage into superficial water object, including through diversion channels **, channels of meliorative systems ***, with exceeding of standard rates (temporary standard rates) of admissible dumpings of chemical and other substances as a part of the sewage established in the operating permission to special water use or complex nature protection permission (at the time of identification of the fact of their exceeding) if establishment of such standard rates is obligatory according to the legislation;

dumping of sewage into the environment without the permission on special water use or complex nature protection permission if receipt of such permission is obligatory according to the legislation;

hit (receipt) of waste in superficial water object ****;

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* Dumping of sewage is understood as specially organized intake of sewage to the environment using hydraulic engineering constructions and devices.

** Diversion channels are understood as the hydraulic engineering constructions which are specially created for transportation of waters.

*** Channels of meliorative systems are understood as the hydraulic engineering constructions intended for regulation of water drain for the purpose of creation and maintenance optimum for agricultural plants, the woods and other plantings of the mode of soils.

**** Hit (receipt) of waste in superficial water object is understood as introduction of waste directly in superficial water object.

illegal placement to the environment of by-products of production (whey, manure, dung);

the degradation of lands (including soils) determined by types and indicators according to appendix 1;

the illegal cabin (the cabin, withdrawal, removal of wood and shrubby vegetation without allowing document (the logging ticket, the order); the cabin, withdrawal, removal of wood and shrubby vegetation according to the allowing document issued in defiance of restrictions and prohibitions, stipulated in Clause 19 Forests codes of the Republic of Belarus; the cabin, withdrawal, removal of the wood and shrubby vegetation which is subject to preserving in case of appointment and holding sanitary improving actions; the cabin, withdrawal, removal of wood and shrubby vegetation in borders of the natural territories which are subject to special protection, allocated in the locations of glukhariny currents, and also in 300-meter strip around them when carrying out cabins of the main use, and also during the period from March 1 to July 15 cabins of intermediate use and other cabins (except for carrying out continuous sanitary cabins, selective sanitary cabins in coniferous plantings in the centers of trunk wreckers and diseases of the woods – root sponge and honey agaric); the cabin, withdrawal, removal of the plantings which did not reach age of cabins of the wood when carrying out cabins of the main use);

illegal removal, withdrawal, destruction of trees, bushes * (except as specified illegal removal of objects of flora before implementation of compensation actions provided that these actions are performed before identification by authorized state body of the fact of removal of trees, bushes);

illegal destruction of forest cultures, undergrowth, young growth of natural origin or subsequent reproduction on the sites of forest fund intended for reforestation;

illegal damage of trees, bushes to extent of the termination of growth **;

illegal damage of trees, bushes not to extent of the termination of growth *** over the established regulations when carrying out forestry and landscape and other activities;

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* Destruction of trees, bushes is understood as the actions which entailed loss of life activity of these trees, bushes, not relating to the cabin, withdrawal, removal of objects of flora according to the legislation on use, protection, protection and reproduction of the woods, on protection and use of flora.

** To the trees damaged to extent of the termination of growth trees treat with demolition of trunk, inclination more than 30 degrees (including tumbled down) as a result of anthropogenous impact, illegal complete removal (cutting) of krone, oshmygy kroner more than 1/2 of its extents (circle), obdiry bark with damage of bass more than 50 percent of circle of trunk except for damaged within the established regulations when implementing forest utilization, holding forestry and landscape and other actions. To the bushes damaged to extent of the termination of growth bushes treat with illegal removal more than 50 percent of their land part on height or on quantity of trunks (branches) except for damaged within the established regulations when implementing forest utilization, holding forestry and landscape and other actions. In case of damage of the tree consisting of several trunks at m 1,3 height, calculation of harm is made for each damaged trunk (its krone), and in case of damage of the basis of such tree forming its trunk, calculation of harm needs to be made for each trunk of this tree at m 1,3 height.

*** To the trees damaged not to extent of the termination of growth trees treat with demolition or illegal removal of top (2 annual increments and more, to 1/3 extents of krone), inclination from 10 to 30 degrees as a result of anthropogenous impact, oshmygy kroner from 1/3 to 1/2 of its extents (circle), obdiry bark with damage of bass from 20 to 50 percent of circle of trunk except for damaged within the established regulations when implementing forest utilization, holding forestry and landscape and other actions and also trees with the cutting which is carried out with violation of the law about protection and use of flora (except for complete removal (cutting) of krone). To the bushes damaged not to extent of the termination of growth bushes treat with illegal removal from 20 to 50 percent of their land part on height or by quantity of trunks (branches) except for damaged within the established regulations when implementing forest utilization, holding forestry and landscape and other actions and also bushes with the cutting which is carried out with violation of the law about protection and use of flora. In case of damage of the tree consisting of several trunks at m 1,3 height, calculation of harm is made for each damaged trunk (its krone), and in case of damage of the basis of such tree forming its trunk, calculation of harm needs to be made for each trunk of this tree at m 1,3 height.

illegal damage not to extent of the termination of growth of trees, bushes in settlements;

unauthorized and (or) with violation of requirements of the legislation in the field of environmental protection, other legislation mowing;

the illegal pasture of the cattle (cattle pasture in especially protected natural territories (further – OOPT), the natural territories which are subject to special protection according to the mode of protection and which uses grazed the cattle is not allowed; cattle pasture in borders of forest fund without forest ticket, or on the sites of forest fund which are not specified in the forest ticket or with exceeding of quantity of the cattle specified in the forest ticket and also not those types of the cattle);

illegal burning out of dry vegetation, herbs on root (except lawns, flower beds, forest laying, live ground cover), and also eddish and afterharvest remaining balance;

destruction or damage of seedlings or saplings to nurseries, on plantations;

illegal, including unauthorized, collection and (or) destruction of forest laying, live ground cover, removal (destruction) of fertile layer of earth, including the spreading breeds, on the area over three square meters, and when carrying out forestry and landscape and other activities – over the established regulations;

unlawful taking or destruction of wild-growing berry plants without withdrawal, destructions of live ground cover;

illegal collection or procurement of the wild-growing plants having medicinal, food, technical and other meaning or their parts;

procurement of wood juice in the prohibited places and (or) from the trees which are not subject to tapping;

illegal removal, withdrawal, change, damage or destruction of the wild-growing plants relating to the types included in the Red List of the Republic of Belarus or protected according to international treaties of the Republic of Belarus, and (or) their parts;

destruction, damage of lawns, flower beds, other grass cover *;

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* Sites of flower beds, lawns, other grass cover on which land part of grass cover, flower plants is mixed with the upper layer of earth belong to the damaged lawns, flower beds, other grass cover, it is oppressed as a result of mechanical and (or) other anthropogenous impact, including impact of motor transportation and other equipment, placement on flower bed, lawn, other grass cover of the constructions or other objects which are not capital structures. Sites of lawns, flower beds, other grass cover on which grass cover, flower plants are illegally removed with removal of the upper layer of earth (except as specified illegal removal of flower bed, lawn, other grass cover in case of construction before implementation of compensation payments of their cost belong to the destroyed lawns, flower beds, other grass cover provided that these payments are performed before approval of the acceptance act of construction object in operation), land part of grass cover, flower plants is destroyed as a result of burning out and (or) other anthropogenous impact.

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