WATER CODE OF THE REPUBLIC OF BELARUS

of July 15, 1998 No. 191-Z

Accepted by the House of Representatives on June 18, 1998

Approved by Council of the Republic on June 29, 1998

This Code governs the public relations arising in case of ownership, use and the order of waters and water objects and is directed to creation of conditions for rational use and protection of waters in water objects, recoveries of water objects, preserving and improvements of water ecological systems.

SECTION I. GENERAL PROVISIONS

CHAPTER 1. Basic provisions

Article 1. Basic concepts and their determinations

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

the swamp - is excessive the humidified land area covered with peat layer;

water drainage - the underground water collected and which is taken away by network of drainage constructions;

water career (mine, miner) - the water which is pumped out in the course of mining for the purpose of prevention of flooding of pit (the mine, the mine);

medical mineral water - the natural underground water having biologically active properties and making physiological impact on human body owing to the increased content of chemical components (including radioactive), organic substances, gases or owing to the increased temperature;

water podslanevy (lyalny) - the water contaminated (it is preferential oil products) and collected in wells (lyal) of engine rooms of courts;

water waste - the water which is taken away after its use in economic and household and productive activity (except drainage, career, mine, miner), and also taken away from the built-up territory in which it was formed as a result of loss of atmospheric precipitation;

water animals are the wild animals (fishes and water invertebrates) who are living in water and having for this purpose characteristic devices;

the water relations - the public relations connected with origin, restriction and the termination of the rights to water objects and also with rational use and protection of waters in water objects (further, unless otherwise specified, - rational use and protection of waters);

waterways - the sites of reservoirs and water currents used for navigation and timber rafting;

water resources - inventories of surface and underground water of this territory;

water object - natural or artificial reservoir, waterway or other object, permanent or temporary concentration of waters in which has the characteristic forms, and also signs of the water mode;

the water mode - change in time of levels, expenses and amounts of water in water objects and soils;

reservoir - the water object in deepening of sushi which is characterized by the slowed-down movement of water or its total absence (the lake, water storage basin, pond, pond-kopan);

reservoir artificial - specially created accumulation of water in artificial or natural deepenings of the land surface with the slowed-down movement of water or its total absence (water storage basin, pond, pond-kopan);

reservoir technological - pond cooling agent, fish-breeding pond;

water intaking constructions - the hydraulic engineering constructions intended for water intake from water objects (reservoir, waterway, underground source);

the water-bearing horizon - the water-permeable layer of rock saturated with water;

the water protection zone - the territory adjacent to water objects in which the special mode of economic and other activity for prevention of their pollution, contamination and depletion, and also for preserving the habitat of objects of fauna and growth of objects of flora is set;

water use - use of water objects for satisfaction of needs of the population, economic and other activity;

the water use isolated - water use of one legal entity or citizen of the Republic of Belarus, including the individual entrepreneur;

water use general - water use without application of the constructions or technical devices influencing condition of waters. Also water use using mine wells belongs to general water use;

water use joint - water use with participation of several legal entities and (or) citizens of the Republic of Belarus, including individual entrepreneurs;

water use special - water use (water intake from water objects and assignment to the surrounding environment of sewage) using constructions and technical devices. Water use is not special if it is connected with water intake from superficial water objects portable technical devices for moistening of the territories of the inhabited places, the omission of water via water-engineering systems, dikes and other water retaining constructions, navigation, supply (transfer) of water to water users to shallow regions, elimination of harmful effect of waters (flooding, bogging), extraction of water from subsoil in passing with mining;

the water user - the legal entity and (or) the citizen of the Republic of Belarus, including the individual entrepreneur who use water objects for implementation of economic and other activity and (or) make impact on waters;

the water consumer - the legal entity or the citizen of the Republic of Belarus, including the individual entrepreneur receiving in accordance with the established procedure water for ensuring the needs;

the reservoir - the territory and (or) the water-bearing horizons, from where water arrives or can arrive in water object;

water supply - the activities aimed at providing needs for water of water consumers;

water supply not centralized - the activities aimed at providing needs for water of separate groups or single water consumers;

water supply centralized - the activities aimed at providing needs for water of all set of water consumers of the settlement or its part;

waterway artificial - the water object which is characterized by movement of water in the direction of bias in artificially created deepening of the land surface (channel);

waterway - the water object which is characterized by movement of water in the direction of bias in deepening of the land surface (the river, stream, spring, the channel);

water management system - complex of the interconnected water objects and hydraulic engineering constructions intended for ensuring use and protection of waters;

water management constructions and devices - the constructions and devices intended for impact on water flows, fence, transportation, processing and redistribution of waters, dumping of sewage (dikes, channels, pumping points, wells and other similar constructions and devices);

water storage basin - the artificial reservoir formed by water retaining construction for the purpose of storage of water and regulation of drain;

waters - all water which is in water objects and in subsoil;

surface water - the waters located on land surface in the form of different water objects;

waters underground - the waters which are lower than the level of the land surface in thicknesses of rocks of crust in all physical conditions (fresh waters, medicinal mineral waters, the mineralized industrial waters, waters of mineral deposits);

recovery of water objects - complex of the actions directed to improvement of the hydrological mode and improvement of ecological systems is direct in water objects and in adjacent ecologically related territory for the purpose of reconstruction of conditions close to existing before their violation by activities of the person;

harmful effects of waters - flooding, flooding and other adverse effect of surface and underground water on certain territories and objects;

pollution of waters (water objects) - receipt in water object of the pollutants, microorganisms, heat breaking structure and properties of water;

contamination of waters (water objects) - accumulating in water objects of foreign objects;

depletion of waters (water objects) - steady reduction of minimum admissible drain of surface water or reducing inventories of underground waters;

okolovodny animals are the wild animals using water object and (or) the land adjoining to it for dwelling;

protection of water objects - system of the measures directed to prevention or liquidation of pollution, contamination and depletion of waters, preserving and recovery of water objects;

threshold limit value of substance in water - concentration of substance in water above which water is unsuitable for the established use type;

coastal strip - the part of the water protection zone which is directly adjoining to waters to Nome to object on which more high security of economic and other activity in relation to the mode of economic and other activity established in the territory of all water protection zone is set;

pond - the artificial reservoir of water mirror of up to one square kilometer (except for technological ponds of fish-breeding farms) created by peregorazhivaniye by dike of the small rivers, streams, temporary water currents or embankments of the territory out of bed (in lowerings of relief, on flat sites of the area, in artificial dredging);

pond-kopan - the small artificial reservoir in specially dug out deepening on the Earth's surface intended for accumulating and storage of water for the different economic purposes;

the mode of drawdown of water storage basins - the daily, seasonal or long-term change of water levels in water storage basins connected with redistribution of drain and water consumption;

fish-protecting devices - construction or complex of the constructions intended for ensuring protection of fish, prevention of her death or damage, and also the direction of its movement to the safety area;

fishery water object - water object which is used or can be used for fishing activities.

Article 2. Legislation of the Republic of Belarus on protection and use of waters

The legislation of the Republic of Belarus on protection and use of waters is based on the Constitution of the Republic of Belarus and consists of of this Code, international treaties of the Republic of Belarus and other acts of the legislation of the Republic of Belarus.

Tasks of the legislation of the Republic of Belarus on protection and use of waters are regulation of the relations in the field of use and protection of waters for the purpose of requirements satisfaction in water resources of legal entities and citizens of the Republic of Belarus, including individual entrepreneurs, protection of waters from pollution, contaminations and depletions, the prevention and liquidation of harmful effects of waters, recovery and improvement of condition of water objects.

The relations arising in the field of drinking water supply are regulated by the legislation of the Republic of Belarus on municipal services.

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