ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 3, 2006 No. 464

About approval of the Evaluation procedure of impact on the environment

1. Approve impact Evaluation procedure on the environment it (is applied).

2. The impact evaluation procedure on the environment becomes effective after official publication.

Approved by the Order of the Government of the Republic of Tajikistan of October 3, 2006, No. 464

Impact evaluation procedure on the environment

I. General provisions

This Evaluation procedure of impact on the environment determines general approaches to the organization and evaluating possible impact on the environment (dalee-OVOS) taking into account the legislative and regulatory base of the Republic of Tajikistan, and also the international experience, including the Convention on environmental impact assessment in cross-border context.

According to the procedure the main stages of carrying out EIA of the planned economic and/or other activity and accounting of ecological factors are considered by preparation and decision making. If concepts, perspective (general) plans and programs of social and economic development of the country are exposed to ecological assessment, then EIA is performed as strategic ecological assessment.

Carrying out EIA of the planned activities shall be followed not only forecasting of impact for the environment before implementation of the specified activities, but also assessment of effects, both during its realization, and in case of preservation or after completion of the specified activities (the postproject analysis).

For the purposes of the present manual the following basic concepts are used:

- the party of origin - means the Party under which jurisdiction it is planned to perform economic and/or other activity;

- the mentioned Party - means the Party which can be mentioned by cross-border impact of the economic and/or other activity planned for the territories of the Party of origin;

- the environment - external environment in which economic and/or other activity, including air, water, the earth, natural resources, flora, fauna, material objects, the person and their interaction is performed;

- the planned economic and/or other activity (daleeplaniruyemy activities) - any activities or any change of these or those activities, including development of concepts, perspective (general) plans and programs of social and economic development of the country (administrative formation of industry, etc.), capable to make impact on the environment and the requiring decision makings on its realization by competent authority according to the operating procedure established by the legislation of the Republic of Tajikistan;

- impact - any aspects of the planned activities leading to changes in the environment including health and safety of people, flora, fauna, the soil, atmospheric air, water, climate, landscape, historical monuments and other material objects or interrelation between these factors, and also the effects for cultural heritage or social and economic and other conditions which are result of change of these factors;

- environmental impact assessment (further - EIA) - type of activity on identification, the analysis and accounting of direct, indirect and other effects of impact on the environment of the planned economic and other activity for the purpose of decision making about opportunity or impossibility of its implementation;

- cross-border impact - any impact, not only global nature, in the area which is under jurisdiction of this or that Party, caused by the planned activities which physical source is located fully or partially within the area getting under jurisdiction of other Party;

- the customer (the initiator, the investor, the applicant) of the planned activities (further - the customer) - the legal entity or physical person which is responsible for preparation of documentation on realization of the planned activities according to the normative requirements imposed to this type of activity, and submitting documentation on the planned activities on environmental assessment;

- the contractor on EIA (further - the contractor) - the legal entity or physical person performing carrying out EIA to which the Customer granted the right to implementation of this work;

- materials EIA - the documentation set prepared as a result of carrying out EIA of the planned activities and which is part of documentation submitted on environmental assessment;

- quality control of materials EIA - compulsory procedure of check of compliance of materials EIA of the planned activities with possible cross-border impact and/or the Republic of Tajikistan having difficult multifactorial effects to requirements of the legislation, including obligations under the Convention of the Economic Commission for Europe (ECE) for environmental impact assessment in cross-border context;

- the public - public organizations and the population;

- participation of the public - complex of the events held within EIA, directed to informing the public on the planned activities and its possible impact on the environment for the purpose of detection of public preferences and their accounting in the course of impact assessment;

- environmental monitoring - system of observations, assessment and the forecast of state of environment, sources of anthropogenous impacts and identification of tendencies of change of ecosystems for ensuring decision making in the field of environmental protection and use of natural resources;

- natural and resource potential - the environment estimated taking into account possibility of use, availability and condition of geographical structures, natural landscapes, climatic conditions, mineral resources, soils, water resources, the atmosphere, plant and animal life;

- the proving documentation - documentation proving the planned activities, content and which amount is established by the national legal system;

- the postproject analysis - the complex researches directed to determination of efficiency and completeness of realization of the nature protection and other actions (decisions) provided by materials EIA during realization of the planned activities (construction, operation and liquidation) for the purpose of their timely adjustment and enhancement of the EIA procedure.

II. Purposes and principles of EIA

The purpose of carrying out EIA is prevention or mitigation of negative impact of the planned activities on the environment and the related social and economic and other effects.

The basic principles of carrying out EIA are:

- presumption of potential ecological danger of impact of the planned activities on the environment;

- obligation of accomplishment of the national EIA procedure;

- preventiveness:

- objectivity;

- alternativeness (including refusal of the planned activities);

- complexity (consideration and accounting of impacts in natural, social and technogenic circles);

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