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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 7, 2008 No. 168

About approval of the Regulations on procedure for determination of the amount of compensation payments and their implementation

(as amended on 03-06-2023)

Based on Item 6 of article 23 of the Law of the Republic of Belarus of July 10, 2007 "About fauna" the Council of Ministers of the Republic of Belarus DECIDES: No. 257-Z

1. Approve Regulations on procedure for determination of the amount of compensation payments and their implementation it (is applied).

2. This resolution becomes effective since April 24, 2008.

Prime Minister of the Republic of Belarus

S. Sidorsky

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 7, 2008 No. 168

Regulations on procedure for determination of the amount of compensation payments and their implementation

1. By this Provision it is established procedure for determination of the size and implementation of compensation payments for harmful effects on objects of fauna and (or) the circle for their dwelling (further if other is not provided, – harmful effects) when implementing construction, dredging or explosive works, mining or water plants, laying of cables, pipelines or other communications, production of other works on water objects (further if other is not provided, – construction and other works), and also in cases when holding the actions provided in Items 2 and 3 of article 23 of the Law of the Republic of Belarus "About fauna" is not possible.

2. For the purposes of this provision the following terms and their determinations are used:

basic density – quantity of individuals of wild animals in the specific territory prior to the beginning of the reproduction period (the birth of young individuals) per acre the territories;

biomass – the quantity of objects of fauna expressed in units of mass (weight) (populations, types, group of types) having per acre or amount of the territory (water area);

harmful effects – death of objects of fauna, decrease in their number or biomass and (or) productivity (loss or surplus);

annual productivity – the total number of young individuals of the wild animals who were born within year minus the dead as a result of natural wastage;

compensation payments – the amount of means paid for harmful effects on objects of fauna and (or) the circle of their dwelling in the territory of impact;

fauna objects – the wild animals including belonging to subjects to hunting and fishery, and also population of wild animals;

duration of harmful effects – the period during which it is performed harmful effects on objects of fauna and (or) the circle of their dwelling and effects of this impact (affect in case of termless withdrawal – the conditional number of years for calculation of the amounts of compensation payments);

the territory of harmful effects – the territory in which harmful effects on fauna objects, and also the adjacent territory which these harmful effects affect are estimated;

epicenter of the territory of harmful effects – the place of the strongest manifestation of harmful effects when implementing construction and other works.

3. Assessment of harmful effects and calculation of the amount of compensation payments include:

detection of characteristics and scale of the actual or predicted harmful effects, establishment of the territory of harmful effects, extent of transformation of the habitat of wild animals, zoning of the territory on degree of narushennost of the habitat of wild animals;

determination of specific structure, initial or actual number of objects of fauna, their annual productivity, division of objects of fauna into the primary systematic and ecological groups;

calculation of the amount of compensation payments by each type and (or) group of objects of fauna in the territory of harmful effects.

4. In the territory of harmful effects, having one its epicenter, allocate four zones, including:

The I zone – zone of direct destruction or complete replacement of all objects of fauna and (or) the circle of their dwelling (further – zone of direct destruction). Losses of number of wild animals and annual productivity constitute from 75 to 100 percent;

The II zone – zone of strong harmful effects. Losses of number of wild animals and annual productivity constitute from 50 to percent 74,9;

III zone – zone of moderate harmful effects. Losses of number of wild animals and annual productivity constitute from 25 to percent 49,9;

The IV zone – zone of weak harmful effects. Covers segment between zone of moderate harmful effects and external border of the territory of harmful effects. Losses of number of wild animals and annual productivity constitute to percent 24,9.

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