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LAW OF THE REPUBLIC OF BELARUS

of November 26, 1992 No. 1982-XII

About environmental protection

(as amended on 18-06-2019)

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

This Law establishes the legal basis of environmental protection, environmental management, preserving and recovery of biological diversity, natural resources and objects and is aimed at providing constitutional rights of citizens on the environment, favorable for life and health.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law and their determinations

In this Law the following basic concepts and their determinations are used:

anthropogenous object – the object created by the person for ensuring his social requirements and which does not have properties of natural objects;

the biospheric wildlife reserve – the part of the territory of the Republic of Belarus including the separate especially protected natural territories (their part) 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 implementing nature protection actions, separate types of economic and other activity is purposefully stimulated;

biotope – natural object (the site of the territory or the water area) with homogeneous ecological conditions which is the habitat of community of these or those types of wild animals and growths of wild-growing plants;

the favorable environment – the environment which quality ensures ecological safety, steady functioning of natural ecological systems, other natural and natural and anthropogenous objects;

impact on the environment – any direct or indirect impact on the environment of economic and other activity which effects lead to change of the environment;

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 and (or) other deterioration in their condition as a result of the harmful effects on the environment connected with violation of requirements in the field of environmental protection, other violation of the law;

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;

the state inventory of natural resources – the systematized code of the natural resources this about quantity and quality characteristics, their economic evaluation and use;

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) and its lifeless components interact as single functional whole and are connected among themselves by exchange of substance and energy;

environmental pollution – receipt in environment components, stay and (or) origin in them as a result of harmful effects on the environment of substance, 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;

pollutant – substance or mix of substances which intake to the environment causes its pollution;

quality of the environment – the state of environment which is characterized by physical, chemical, biological and (or) other indicators or their set;

environment components – the earth (including soils), subsoil, waters, atmospheric air, plant and animal life, and also the ozone layer and near-earth space providing in total favorable conditions for existence of life on Earth;

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 (further – types) wild animals and wild-growing plants;

monitoring of the environment – system of observations of state of environment, assessment and the forecast of changes of state of environment under the influence of natural and anthropogenous factors;

the best available technical methods – engineering procedures, methods, procedure for production organization of products and energy, performance of works (rendering services), designings, construction and operation of constructions and the equipment providing reduction and (or) prevention of intake of pollutants to the environment of formation 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;

national ecological network – system of functionally interconnected especially protected natural territories and the natural territories which are subject to special protection intended for preserving natural ecological systems, biological and landscape diversity, and also providing continuity of the habitat of objects of fauna;

standard rates of permissible anthropogenous load on the environment – standard rates which are established according to the size of admissible cumulative impact of all sources on the environment and (or) separate components of the environment within the specific territories and in case of which observance steady functioning of natural ecological systems is provided and biological diversity remains;

standard rates of admissible emissions and dumpings of chemical and other substances – standard rates which are established for the legal entities and citizens performing economic and other activity according to indicators of mass of chemical and other substances and microorganisms, admissible for receipt to the environment from stationary and mobile sources in the set mode and taking into account technological standard rates and in case of which observance standard rates of quality of the environment are provided;

standard rates of admissible physical impacts – standard rates which are established according to levels of admissible impact of physical factors on the environment and in case of which observance standard rates of quality of the environment are provided;

standard rates of threshold limit values of microorganisms – the standard rates established according to indicators of maximum permissible content of microorganisms in the environment which non-compliance leads to causing ecological harm;

standard rates of threshold limit values of chemical and other substances – the standard rates established according to indicators of maximum permissible content of chemical and other substances in the environment which non-compliance leads to causing ecological harm;

standard rates of maximum permissible physical impacts – the standard rates established according to indicators of maximum permissible impact on the environment of heat, noise, vibration, ionizing radiation, intensity of electromagnetic fields and other physical impacts which non-compliance leads to causing ecological harm;

the owner of ecological information – the state body, other state organization, other legal entity, their officials, the individual entrepreneur performing activities as a result of which ecological information is created;

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 citizens and legal entities 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 citizens and legal entities;

the environment – set of components of the environment, natural and natural and anthropogenous objects, and also anthropogenous objects;

environmental protection (nature protection activities) – the activities of state bodies, public associations, other legal entities and citizens directed to preserving and recovery of the environment, rational (steady) use of natural resources and their reproduction, prevention of pollution, degradation, damage, depletion, destruction, destruction and other harmful effects on the environment of economic and other activity and liquidation of its effects;

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 decision making about opportunity or impossibility of implementation of project decisions, and also determination of necessary actions for environmental protection and rational use of natural resources;

provision of ecological information – the actions of owners of ecological information directed to its transfer to state bodies, other legal entities and citizens, including individual entrepreneurs owing to the obligations assigned to owners of such information by the legislation or based on the agreement on provision of specialized ecological information;

the environment – set of components of the environment, natural and natural and anthropogenous objects;

natural and anthropogenous object – the natural object changed as a result of economic and other activity and (or) the object created by the person, having properties of natural object and having recreational and protective value;

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;

natural complex – functionally and the natural objects which are naturally connected among themselves combined by geographical and other corresponding signs;

natural landscape – the natural object consisting of the interacting components of the environment created in uniform climatic conditions;

natural object – natural ecological system, natural landscape, biotope and environment components constituting them which kept the natural properties;

environmental management – economic and other activity in the course of which natural resources are used and impact on the environment is made;

damnification to the environment – the harmful effects on the environment connected with violation of requirements in the field of environmental protection, other violation of the law including by emissions of pollutants in atmospheric air, dumpings of sewage into water objects with exceeding of the standard rates of admissible emissions and dumpings of chemical and other substances established according to the legislation on one or more pollutant or in the absence of such standard rates if their establishment is required by the legislation, unlawful taking of wild-growing plants and (or) their parts, wild animals, other natural resources;

distribution of ecological information – the actions of owners of ecological information directed to its bringing to data of state bodies, other state organizations, other legal entities and citizens, including individual entrepreneurs by its placement in printing editions, other mass media, on the official sites on the global computer Internet or other public methods;

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 economic, esthetic and other requirements present and future generations;

specialized ecological information – ecological information which provision requires preliminary preparation including collection, processing and the analysis of this information because its preparation is not stipulated by the legislation and it does not contain in the state fund of data on state of environment and impacts on it;

strategic ecological assessment – determination in case of project development of strategy, programs, town-planning projects of 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;

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;

the technological standard rate – the standard rate of admissible emissions and dumpings of substances and microorganisms which is established for stationary, mobile and other sources of engineering procedures, the equipment and reflects admissible lot of emissions and dumpings of substances and microorganisms to the environment counting on products unit;

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 the laws, other regulatory legal acts, including technical regulatory legal acts, obligatory for observance, in the field of environmental protection, standard rates in the field of environmental protection;

ecological safety – condition of security of the environment, life and health of citizens from possible harmful effects of economic and other activity, emergency situations of natural and technogenic nature;

ecological information – the documentary information containing data on state of environment, impacts on it and measures for its protection and also on impacts of the environment per capita which structure is determined by this Law, other legal acts and international treaties of the Republic of Belarus;

ecological information of general purpose – the ecological information intended for general use owing to execution by owners of ecological information of the obligations assigned to them by the legislation, and distributed or gratuitously provided according to this Law;

ecologically significant decisions – the decisions made by state bodies specified in part one of article 152 of this Law which realization makes impact on the environment and (or) it is connected with use of natural resources;

ecologically dangerous activities – the construction, operation, dismantle or demolition of objects, other 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 citizens, including individual entrepreneurs, property of legal entities and property which is in property of the state;

environmental audit – independent complex documentary check 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;

ecological harm – the harm done to the environment and also the harm done to life, the health and property of citizens, 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;

environmental risk – probability of the approach of the event having adverse effects for the environment and caused by harmful effects of economic and other activity, emergency situations of natural and technogenic nature.

Article 2. Legislation on environmental protection

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 especially protected natural territories, on hydrometeorological activities, on protection of ozone layer, on the address with waste, and also 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 and environmental management.

The legal regime of natural resources and other components of the environment is regulated by the legislation on environmental protection if other is not stipulated by the legislation about protection and use of lands, about protection and use of waters, about use, protection, protection and reproduction of the woods, about protection and use of subsoil, about protection and use of fauna, about protection and use of flora and other legislation.

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 shall not be allowed.

Article 3. Main objectives of the legislation of the Republic of Belarus on environmental protection

The main objectives of the legislation of the Republic of Belarus on environmental protection are:

providing the favorable environment;

regulation of the relations in the field of protection of natural resources, their use and reproduction;

prevention of harmful effects on the environment of economic and other activity;

improvement of quality of the environment;

ensuring rational (steady) use of natural resources.

Article 4. Basic principles of environmental protection

The economic and other activity of legal entities and citizens making impact on the environment shall be performed on the basis of the following principles:

observance of the right of citizens to the favorable environment and indemnification caused by violation of this right;

providing favorable conditions for life and health of citizens;

evidence-based combination of ecological, economic and social interests of citizens, society and the state for the purpose of providing the favorable environment;

protection, rational (steady) use of natural resources and their reproduction as necessary conditions of providing the favorable environment and ecological safety;

precautionary nature of environmental measures and to prevention of harm to the environment;

state regulation of environmental protection and environmental management;

the paid nature of the special environmental management and indemnification caused to the environment;

economic incentives of rational (steady) use of natural resources;

independence of control in the field of environmental protection, rational use of natural resources;

accounting of natural and social and economic features of the territories, including the mode of protection and use of especially protected natural territories, the natural territories which are subject to special protection and biospheric wildlife reserves, when planning and implementing economic and other activity;

priority of preserving natural ecological systems, typical and rare natural landscapes, biotopes and natural complexes;

admissibilities of impact of economic and other activity on the environment taking into account requirements in the field of environmental protection;

obligation of participation in activities for environmental protection of state bodies, public associations, other legal entities and citizens;

preserving biological diversity;

ensuring the integrated and individual approaches to establishment of requirements in the field of environmental protection to the legal entities and citizens performing economic and other activity or planning it;

presumptions of ecological danger of the planned economic and other activity;

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