Unofficial transfer (c) Soyuzpravoinform LLC
of May 7, 2024 No. 1143-VIQ
About creation of the artificial parcels of land on the site of the Caspian Sea (lake) belonging to the Azerbaijan Republic
This Law according to Items 11 and 13 of part one of article 94 of the Constitution of the Azerbaijan Republic governs the public relations connected with creation of the artificial parcels of land of construction appointment on the site of the Caspian Sea (lake) belonging to the Azerbaijan Republic and determines the organizational and legal basis of creation of the artificial parcels of land and feature of use of the artificial parcels of land, including constructions on the artificial parcels of land.
For the purpose of this Law the artificial land territory is understood as the land territory created by transportation, hilling or scattering of soil or soil on the part of the Caspian Sea (lake) belonging to the Azerbaijan Republic or with use of other methods.
2.1. The legislation on creation of the artificial parcels of land on the site of the Caspian Sea (lake) belonging to the Azerbaijan Republic is based on the Constitution of the Azerbaijan Republic, international treaties which party is the Azerbaijan Republic, Land, Water, Town-planning and construction codes of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About safety of hydraulic engineering constructions", this Law and other regulatory legal acts.
2.2. Creation of the artificial parcels of land for the purpose of ensuring work of seaports and feature of their use are regulated by the Law of the Azerbaijan Republic "About seaports".
3.1. The artificial parcel of land can be created on the part of the Caspian Sea (lake) belonging to the Azerbaijan Republic on the parcel of land separated lands of water fund (further - the site of water fund) separately or adjoining coastal strip; island or other artificial land area.
3.2. Creation of the artificial land areas creating danger and obstacle to sea swimming is forbidden.
3.3. According to the Law of the Azerbaijan Republic "About environmental impact assessment" creation of the artificial parcel of land without the document EIA of the project documentation and without conducting the state environmental assessment of this site is not allowed.
4.1. The relevant state bodies (organizations), legal entities and physical persons can address to the body (organization) determined by relevant organ of the executive authority concerning creation of the artificial parcel of land.
4.2. The location and the size of the earth of water fund allocated for creation of the artificial parcel of land, the purpose of creation of the artificial parcel of land, appointment and type of the construction objects which are subject to construction on it, date of completion of construction are specified in the statement. The works connected with creation of the artificial parcel of land and construction of facilities of construction are specified.
4.3. It is necessary to enclose the following documents and data to the application:
4.3.1. According to the Law of the Azerbaijan Republic "About licenses and permissions" concerning intention of construction on the artificial earth, the master plan of the artificial earth is constituted by the designer having the license for preparation of detailed plans (arrangement, the sizes of lands of water fund, artificial form and quantity of the parcels of land, including quantity of the artificial parcels of land adjacent to coastal strip and lines of the planned borders, their size, coefficient of building and coefficient of density of building of the territory with indication of purpose, type and height of the built construction objects);
4.3.2. The document of environmental impact assessment (EIA) of project documents and the conclusion of the state environmental assessment according to the Law of the Azerbaijan Republic "About environmental impact assessment".
4.4. According to article 3.1 of this Law creation of the artificial parcel of land adjacent to coastal strip of the part of the Caspian Sea (lake) belonging to the Azerbaijan Republic and construction of construction objects along coastal strip with the artificial parcel of land, in the statement specified in article 4.2 of this Law also for this purpose is specified the size of the parcel of land under coastal strip. At the same time the data specified in the master plan, the stipulated in Article 4.3.1 this Law shall reflect also data on the parcel of land located in coastal strip.
4.5. In case of detection in the statement and documents (data) of the shortcomings which are subject to elimination, in time no later than 2 (two) working days from the date of receipt of the statement the body (organization) determined by the corresponding official attached to it, the Body provides information on their elimination in writing, including electronically, sends it to the applicant (further - the customer) and explains it consequence in law of non-compliance with formal requirements. It is necessary to report about all shortcomings to the customer at the same time. The customer shall eliminate the specified defects no later than 20 (twenty) working days after receipt of information. If during this term defects are not eliminated, the body (organization) determined by relevant organ of the executive authority within 2 (two) working days informs on it the customer in writing, including electronically, and makes the decision on leaving of the statement in production. After elimination of the revealed shortcomings the customer can repeatedly address to the body (organization) determined by relevant organ of the executive authority.
4.6. In case of detection of shortcomings of the statement and the documents (data) attached to it the body (organization) determined by relevant organ of the executive authority performs the following actions:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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