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LAW OF THE REPUBLIC OF BELARUS

of November 26, 1992 No. 1982-XII

About environmental protection

(as amended on 17-07-2023)

Environmental protection is the integral condition of providing ecological safety and sustainable development of society.

This Law establishes the legal basis of environmental protection, environmental management, preserving and recovery of biological diversity, natural resources and objects aimed at providing the right of physical persons to the favorable environment and at indemnification, this right caused by violation.

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

1. Anthropogenous object - the object created by the person and which does not have properties of natural object.

2. The biospheric wildlife reserve - the part of the territory of the Republic of Belarus including the separate especially protected natural territories (further - OOPT) (their parts) and (or) the natural territories which are subject to special protection (their part) and also other territories in which rational (steady) use of natural resources by application of elements of the economic mechanism of environmental protection and environmental management when holding nature protection actions, implementing separate types of economic and other activity is purposefully stimulated.

3. Biotope - natural object (the site of the territory, water object or its part) with homogeneous ecological conditions (relief, soil and vegetable cover, the hydrological mode, anthropogenous factors) which is the habitat of community of separate types of wild animals and growths of wild-growing plants.

4. The favorable environment - the environment which quality ensures ecological safety, steady functioning of natural ecological systems, other natural and natural and anthropogenous objects.

5. Impact on the environment - any direct or indirect impact on the environment of economic and other activity which effects lead to changes of the environment.

6. The harm done to the environment - the negative change of the environment or separate components of the environment, natural or natural and anthropogenous objects having money value expressed in their pollution, degradation, depletion, damage, destruction, unlawful taking (production) and (or) other deterioration in their condition as a result of the harmful effects on the environment connected with violation of the law about environmental protection and rational use of natural resources.

7. Harmful effects on the environment - any direct or indirect impact on the environment of economic and other activity which effects lead to negative changes of the environment.

8. Natural ecological system - objectively existing part of the environment which has space and territorial borders and in which live (objects of plant and animal life, microorganisms) and its lifeless components interact as single functional whole and are connected among themselves by exchange of substance and energy.

9. Environmental pollution - receipt in environment components, stay and (or) origin in them as a result of harmful effects on the environment of substances, waste, physical factors (energy, noise, radiation and other factors), microorganisms, properties, location or the number of whom lead to negative changes of physical, chemical, biological and other indicators of state of environment, including to exceeding of standard rates in the field of environmental protection.

10. Pollutant - substance or mix of substances which intake to the environment causes its pollution.

11. "Green" economy - the model of the organization of economy in the Republic of Belarus directed to goal achievement of social and economic development in case of essential reducing environmental risks and rates of degradation of the environment.

12. Quality of the environment - the state of environment which is characterized by physical, chemical, biological and (or) other indicators or their set.

13. Environment components - the earth (including soils), the subsoil, waters, atmospheric air, ozone layer, plant and animal life, microorganisms providing in total favorable conditions for existence of life on Earth.

14. The Red List of the Republic of Belarus - the list of the rare and being under the threat of disappearance in the territory of the Republic of Belarus types, including subspecies, versions, wild animals and wild-growing plants (further - types of wild animals and wild-growing plants).

15. Monitoring of the environment - system of observations of state of environment, assessment and the forecast of changes of its condition under the influence of natural and anthropogenous factors.

16. The best available technical methods - the engineering procedures, methods, procedure for production organization of products and energy, performance of works (rendering services) providing reduction and (or) prevention of intake of pollutants to the environment formations of production wastes in comparison with applied and the qualities of the environment, standard rates of admissible impact which are the most effective for providing standard rates on the environment on condition of economic feasibility and technical capability of their application.

17. National ecological network - system of functionally interconnected OOPT and the natural territories which are subject to special protection, intended for preserving natural ecological systems, biological and landscape diversity, and also for providing continuity of the habitat of objects of fauna.

18. Low-carbon economy - the economy based on the principles of energy efficiency, emission reduction of greenhouse gases and increases in their absorption by absorbers.

19. The owner of ecological information - the state body, other legal entity, their officials, the individual entrepreneur performing activities as a result of which ecological information is created.

20. Public discussions of drafts of ecologically significant decisions, valuation reports of impact on the environment, ecological reports on strategic ecological assessment - complex of the obligatory actions providing informing legal entities and physical persons, including individual entrepreneurs, on drafts of ecologically significant decisions, valuation reports of impact on the environment, ecological reports on strategic ecological assessment and also possibility of expression by participants of public discussions of their relation to the specified projects, reports, reports for the purpose of accounting of public concerns and observance of the rights of legal entities and physical persons, including individual entrepreneurs.

21. The objects making complex impact on the environment - the objects of economic and other activity combined by single appointment and (or) inseparably linked physically and (or) technologically, located within one or several parcels of land.

22. Objects of economic and other activity - objects of production, transport, engineering and social infrastructure, and also objects of housing construction, placement, construction, reconstruction, upgrade, technical upgrade, repair and restoration works, repair, operation which demolition are connected with use of natural resources and (or) make or can make impact on the environment.

23. The environment - set of components of the environment, natural, natural and anthropogenous and anthropogenous objects.

24. Environmental protection (nature protection activities) - the activities of state bodies, public associations, bodies of territorial public self-government, other legal entities, physical persons, including individual entrepreneurs directed to preserving and recovery of the environment, rational (steady) use of natural resources and their reproduction, prevention of harmful effects on the environment and liquidation of its effects.

25. Environmental impact assessment - determination in case of development of the preproject (pre-investment), project documentation of possible impact on the environment in case of implementation of project decisions, expected changes of the environment, forecasting of its condition in the future for the purpose of establishment of opportunity or impossibility of implementation of project decisions, and also determination of necessary actions for environmental protection and rational (steady) use of natural resources.

26. Provision of ecological information - the actions of owners of ecological information directed to its transfer to state bodies, other legal entities, physical persons, including individual entrepreneurs owing to the obligations assigned to owners of such information by the legislation on environmental protection or based on the agreement on provision of specialized ecological information.

27. The environment - set of components of the environment, natural and natural and anthropogenous objects.

28. Natural and anthropogenous object - the natural object changed as a result of economic and other activity or the object created by the person, having properties of natural object and having recreational and protective value.

29. Natural resources - environment components, natural and natural and anthropogenous objects which are used or can be used when implementing economic and other activity as power sources, products of production and consumer goods and have consumer value.

30. Natural complex - functionally and the natural objects which are naturally connected among themselves combined by geographical and other corresponding signs.

31. Natural landscape - the natural object consisting of the interacting components of the environment created in uniform climatic conditions.

32. Natural object - natural ecological system, natural landscape, biotope and environment components constituting them which kept the natural properties.

33. Environmental management - economic and other activity when which implementing natural resources are used and (or) impact on the environment is made.

34. The user of nature - the legal entity, physical person, including the individual entrepreneur performing the types of activity connected with environmental management.

35. Damnification to the environment - the harmful effects on the environment connected with violation of the law about environmental protection and rational use of natural resources including by emission of pollutants in atmospheric air, dumping of sewage into superficial water objects with exceeding of standard rates of admissible emissions and dumpings on one or more pollutant or in the absence of such standard rates if their establishment is required by the legislation on environmental protection, on protection of atmospheric air, on protection and use of waters, by pollution of lands (including soils) chemical and other substances, contaminations, environmental pollution by waste, the illegal cabin, unlawful taking (removal, change), damages, destructions of wild-growing plants and (or) their parts, unlawful taking or extermination of wild animals, other natural resources.

36. Distribution of ecological information - the actions of owners of ecological information directed to finishing it to data of state bodies, other legal entities, physical persons, including individual entrepreneurs by placement of such information in printing editions, other mass media, on the official sites on the global computer Internet or other public methods.

37. Rational (steady) use of natural resources - use of natural resources thus and such rates which do not bring in the long term to their depletion and by that allow to keep their capability to satisfy ecological, economic, social and other requirements present and future generations.

38. Specialized ecological information - ecological information which provision requires preliminary preparation, including collection, processing and the analysis of such information because it does not contain in the state register of ecological information on state of environment and impact on it.

39. Strategic ecological assessment - determination in case of project development of the state, regional and industry strategy, programs, town-planning projects of state of environment, possible impacts on the environment, including cross-border, and changes of the environment which can occur in case of realization of the specified strategy, programs, town-planning projects taking into account introduction of changes in them and (or) amendments.

40. Dachshund for determination of the amount of the indemnification caused to the environment - conventional unit of money value of the amount of the indemnification caused to the environment.

41. Requirements in the field of environmental protection (nature protection requirements, requirements of ecological safety) - the compulsory provisions shown to economic and other activity, restrictions or their set established by regulatory legal acts, including technical regulatory legal acts, obligatory for observance, in the field of environmental protection and also the allowing documents specified in Item 3 of article 29 of this Law.

42. Ecological safety - condition of security of the environment, life and health of physical persons from possible harmful effects on the environment, emergency situations of natural and technogenic nature.

43. Ecological information - information on state of environment and its changes, impacts on it and measures for its protection, and also about impacts of the environment per capita which structure is determined by this Law, other legal acts and international treaties of the Republic of Belarus.

44. Ecological information of general purpose - the ecological information intended for general use.

45. Ecologically significant decisions - the decisions made by state bodies specified in Item 1 of article 18 of this Law which implementation makes impact on the environment and (or) it is connected with use of natural resources.

46. Ecologically dangerous activities - activities which create or can create the situation which is characterized by steady negative change of the environment and posing threat of life, to the health and property of physical persons, including individual entrepreneurs, property of legal entities and property which is in property of the state, determined according to criteria of reference of economic and other activity which makes harmful effects on the environment, to ecologically dangerous activities, established by the President of the Republic of Belarus.

47. Environmental audit - independent complex documentary assessment of observance by the legal entities and individual entrepreneurs performing economic and other activity, requirements in the field of environmental protection and preparation of recommendations about decrease (prevention) in harmful effects of such activities on the environment.

48. Ecological harm - the harm done to the environment, and also life, the health and property of physical persons, including individual entrepreneurs, property of legal entities and property which is in property of the state as a result of harmful effects on the environment.

49. Environmental risk - probability of the approach of the event having adverse effects for the environment and caused by harmful effects on the environment, emergency situations of natural and technogenic nature.

50. The ecosystem services - providing, regulating, supporting, cultural and other services which allow to receive to society of benefit in ecological, economic and social spheres as a result of preserving, recovery and steady functioning of natural ecological systems.

Article 2. Legal regulation of the relations in the field of environmental protection

1. The relations in the field of environmental protection are governed by the legislation on environmental protection, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union in the field of environmental protection, rational (steady) use of natural resources, mitigation of the consequences of climate change.

2. The legislation on environmental protection is based on the Constitution of the Republic of Belarus and consists of this Law, acts of the legislation on OOPT, of protection of ozone layer, of protection of atmospheric air, of the address with waste, about protection and use of peat bogs, about hydrometeorological activities, legislations in the field of the state environmental assessment, strategic ecological assessment and environmental impact assessment and other acts of the legislation containing the regulations governing the relations in the field of environmental protection.

3. The legal regime of components of the environment and other natural resources is regulated by the legislation on protection and use of lands, on protection and use of waters, on use, protection, protection and reproduction of the woods, on protection and use of subsoil, on protection and use of fauna, on protection and use of flora, and also the legislation on environmental protection in the part which is not settled by the specified legislation industries.

4. The relations arising in the field of environmental protection in that measure in what it is necessary for ensuring sanitary and epidemiologic wellbeing of the population, are regulated by the legislation on sanitary and epidemiologic wellbeing of the population.

5. The relations arising in the field of environmental protection in that measure in what it is necessary for ensuring radiation safety, including in case of the treatment of radioactive waste, are regulated by the legislation on nuclear and radiation safety.

6. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

7. By preparation of drafts of acts of the legislation inclusion in them of provisions which realization can entail strengthening of harmful effects on the environment is not allowed.

Article 3. Technical regulatory legal acts in the field of environmental protection

1. In the field of environmental protection treat technical regulatory legal acts:

the environmental standards and rules which are obligatory for observance;

the technical regulatory legal acts in the field of technical regulation and standardization establishing requirements in the field of environmental protection to objects of technical regulation and subjects of standardization (except for specifications and standards of the organizations).

2. Environmental standards and rules determine rules of establishment (calculations) of standard rates of admissible impact on the environment, rules of establishment (calculations) of standard rates of quality of the environment and the standard rates of quality of the environment except for determined by hygienic standard rates other requirements in the field of environmental protection.

3. By environmental standards and rules requirements and rules of architectural, town-planning and construction activities, and also the requirement to products, processes of its development, production, operation (use), storage, transportation, realization and utilization or to performance of works (rendering services), content and operation of capital structures (buildings, constructions), the isolated rooms and other objects belonging to legal entities and individual entrepreneurs cannot be established.

4. Environmental standards and rules affirm the Ministry of Natural Resources and Environmental Protection.

5. The technical regulatory legal acts in the field of environmental protection specified in paragraph three of Item 1 of this Article affirm Council of Ministers of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection, the State committee on standardization according to the legislation on technical regulation and standardization.

Article 4. Basic principles of environmental protection

Regulation of the relations in the field of environmental protection is based on the following principles:

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