of December 1, 2004 No. 1525
About approval of the Regulations on procedure for establishment of restrictions or prohibitions concerning flora objects
According to article 19 of the Law of the Republic of Belarus of June 14, 2003 "About flora" the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on procedure for establishment of restrictions or prohibitions concerning flora objects.
2. To the Ministry of Natural Resources and Environmental Protection, other republican state bodies in three-months time to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.
3. This resolution becomes effective from the date of its official publication.
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 1, 2004 No. 1525
1. This Provision determines procedure for establishment of restrictions or prohibitions concerning flora objects.
2. Restrictions or prohibitions on objects of flora can establish within the competence the Ministry of Natural Resources and Environmental Protection, the Ministry of forestry, other specially authorized republican state bodies in the field of the address with objects of flora or their territorial authorities, local executive and administrative organs (further - state bodies) in cases if it is necessary for safety of the state, environmental protection, historical and cultural values, the rights and legitimate interests of citizens and legal entities, health of the population, and also in other cases provided by the Law of the Republic of Belarus of June 14, 2003 "About flora" (The national register of legal acts of the Republic of Belarus, 2003, No. 73, 2/954), other legal acts.
3. Restrictions or prohibitions can be established concerning the objects of flora provided in part two of article 19 of the Law of the Republic of Belarus "About flora".
4. State bodies make the decision on restrictions or prohibitions on flora objects based on available or in need of requested from the Ministry of Natural Resources and Environmental Protection, the Ministry of forestry, the Ministry of Housing and Public Utilities, National academy of Sciences of Belarus of data of the state inventory of flora and monitoring of flora, assessment of resources of flora, scientific research, and also information arriving from citizens and the organizations.
5. Restrictions or prohibitions on objects of flora can be established:
for the term of use of the parcel of land, the site of forest fund or water object in which borders flora objects are located;
for the period limited to the natural termination of existence of object of flora for which they are established;
for the term necessary for recovery of object of flora and (or) the circle of its growth;
for the period necessary for natural ripening of fruits, berries, nuts and other parts of plants.
If necessary effective periods of restrictions or prohibitions can be prolonged. The decision on effective periods of restrictions or prohibitions concerning objects of flora or about their termination is accepted according to the procedure, established by this Provision.
6. In the decision of state body on establishment of restrictions or prohibitions concerning objects of flora object of flora concerning which restrictions or prohibitions are set (any plant, population of any kind, any planting are specified according to the existing botanical nomenclature in the Russian and Latin languages), its location, conditions of restrictions or prohibitions and terms of their action shall be specified.
7. The copy of the decision on establishment of restrictions or prohibitions goes to the user the parcel of land or water object in which borders flora objects concerning which restrictions or prohibitions, and also the State inspection of protection of animal and flora are set in case of the President of the Republic of Belarus and to other interested bodies grow.
8. The local executive and administrative organ informs citizens on establishment of restrictions and prohibitions concerning the objects of flora located in administrative and territorial unit borders.
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