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LAW OF THE REPUBLIC OF ARMENIA

of June 21, 2014 No. ZR-110

About assessment and examination of impact on the environment

Accepted by National Assembly of the Republic of Armenia on June 21, 2014

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations connected with strategic ecological assessment in the Republic of Armenia, environmental impact assessment, assessment of cross-border impact, state examination of impact on the environment, the notification of the public, implementation of public hearings, provision of the conclusion of state examination, loss of force by it, assessment, examination of impact on the environment and the rights and obligations of initiators in processes of implementation of the provided activities.

Article 2. Law coverage

1. Operation of this Law extends to processes of assessment and examination of impact on the environment, strategic ecological assessment and examination, assessment and examination of impact on the environment of the draft of the fundamental document and the planned activities having cross-border impact, the notification of the interested public, public hearings on recognition of the conclusion of state examination invalid and on persons participating in these processes.

Article 3. Legislation on assessment and examination

1. The legislation on assessment and examination consists of the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, this Law and other legal acts.

2. In case of contradiction between regulations of the international treaties and the laws ratified by the Republic of Armenia regulations of international treaties are applied.

Article 4. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) the environment – set of natural and anthropogenous components (atmospheric air, climate, waters, soils, subsoil, landscape, animal and flora, including the wood, especially protected natural territories or nature protection lands, green zones of settlements, structures, natural objects, historical and cultural monuments), social environment, including factors of health, safety of the person, substances, the phenomena and their interaction at each other and on people;

2) impact on the environment – change of the environment or any of its components owing to action of the fundamental document or implementation of the planned activities;

3) cross-border impact – impact on the environment in the territory falling under jurisdiction of the state which will arise owing to action of the fundamental document or implementation of the planned activities and which physical source fully or partially is in the territory falling under jurisdiction of other state;

4) the affected state – in sense of the Convention "About Environmental Impact Assessment in Cross-border Implication" - the state which owing to action of the fundamental document or implementation of the planned activities in the territory falling under jurisdiction of other state can be affected on the environment;

5) the State of origin – in sense of the Convention "About Environmental Impact Assessment in Cross-border Implication" - the state under which jurisdiction it is planned to perform provisions of the fundamental document or the planned activities;

6) the fundamental document – the document having possible impact on the environment (strategy, the concept, the scheme of use of natural resources, the program, the plan, the master plan, the town-planning program document), or the change of the document approved by the laws of the Republic of Armenia or other legal acts of state bodies or local government bodies;

7) the planned activities – the types of activity specified in parts 3 and 4 of article 12 of this Law, the activities specified by parts 6 and 7, and in the cases provided by procedure, stipulated in Item 5 parts 1 of article 8 of this Law – also their reconstruction or expansion or technical or technological rearmament or reshaping or preservation or movement or the termination or closing, in case of objects, important from the point of view of safety of atomic energy, – conclusion from operation (in case of the cemetery which is important from the point of view of safety objects of atomic energy – closing) either demolition or project change;

8) the project documentation – the document or document package established by the law and other legal acts for implementation of the planned activities and change in them. If the law or other legal acts for implementation of the planned activities do not provide the document or document package – the step-by-step description of the planned activities, in case of subsurface use – the program installed by Articles 36 and 39, or the project of production, stipulated in Clause 50 Codes of the Republic of Armenia about subsoil;

9) strategic ecological assessment (further – SEO) – process of determination and assessment of impacts on the environment owing to action of provisions of the draft of the fundamental document which includes specification of amount and provisions of the report on SEO, preparation of the report on SEO, ensuring participation of the interested public and carrying out professional consultations, accounting of provisions of the report on SEO, participations of the public and results of consultations;

10) environmental impact assessment (further – EIA) – process of studying of possible impact of the planned activities on the environment owing to the activities planned by the initiator;

11) examination – process making the positive or negative conclusion of state examination concerning the planned activities according to the draft of the fundamental document and the report of SEO or according to the project documentation and the report of EIA by results of studying, assessment and project analysis of the fundamental document and the report of SEO or project the document on the planned activities and the report of EIA;

12) the conclusion of state examination – the official document accepted by authorized body by results of examination;

13) authorized body – the body of system of public administration developing and performing policy of the Government in the field of ensuring state examination of impact on the environment under the Law "About Structure and Activities of the Government";

14) the initiator – the state body or local government body representing the draft of the fundamental document or person addressing for implementation of the planned activities;

15) the expert – the legal entity or physical person involved by authorized body in examination process;

16) the affected settlement – the settlement (in the city of Yerevan – the administrative area), subject to possible impact of action on the environment of the fundamental document or implementation of the planned activities;

17) the mentioned community – the community including the affected settlement;

18) the interested person or the public (further – the interested public) – one or more than one physical person or legal entity which is exposed to direct or probable impact owing to action of the fundamental document or implementation of the planned activities or showing interest in the made decisions on them;

19) participants of process – state bodies and local government bodies, physical persons and legal entities, including the mentioned community, the affected settlement, the interested public which, according to this Law, take part in process of assessment or examination;

20) the request – the document package represented by the initiator to authorized body before implementation of actions, the stipulated in Clause 18 these Laws;

21) the report – the document generalizing results of SEO or EIA, developed by the individual entrepreneur or the legal entity having the corresponding license;

22) document package, represented for examination – the project documentation, the report of SEO or EIA, the documents established by part 2 of article 17 of this Law;

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