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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of November 13, 1996 No. 2864

About approval of the Regulations on procedure for conducting the state environmental assessment and the Status of the expert of the state environmental assessment

According to article 18 of the Law of Turkmenistan "About the state environmental assessment" I decide:

Approve the conducting the state environmental assessment enclosed Regulations on procedure and the Status of the expert of the state environmental assessment.

 

President of Turkmenistan

Saparmurat Turkmenbashi

Approved by the resolution of the President of Turkmenistan of November 13, 1996 No. 2864

Regulations on procedure for conducting the state environmental assessment

I. General provisions

1. This Provision determines procedure for conducting the state environmental assessment of projects, programs, the design estimates, and also operating plants (ekspertiruyemy objects hereinafter are referred to as further) specially authorized state bodies and expert forming and it is obligatory for all legal entities and physical persons performing the investing, economic and other activities in the territory of Turkmenistan connected with transformation of the environment surrounding the person.

2. The state environmental assessment is carried out by ekologo-expert bodies of system of the Ministry of environmental management and environmental protection of Turkmenistan.

For conducting the state environmental assessment of especially large and difficult objects of the state and interstate value commissions of experts which members affirm the Cabinet of Ministers of Turkmenistan can be created.

3. Are subject to the state environmental assessment:

drafts of programs, main directions and schemes of placement of productive forces and industries of the national economy;

the preproject and project documentation on development of economic and other activity;

drafts of the instructive-methodological and normative and technical documents regulating economic activity;

documentation on creation of the new equipment, biotechnological developments, production technologies of the materials and substances including which are purchased abroad;

ecological situation in Turkmenistan and its regions;

operating plants and other business entities.

4. Terms of implementation of the state environmental assessment are established depending on nature and types of ekspertiruyemy objects and shall not exceed:

on the difficult and ecologically dangerous exported objects - three months;

on all other objects - one month.

5. Financing of works on implementation of the state environmental assessment is made at the expense of means of the customer of ekspertiruyemy object.

The state environmental assessment of the objects realized due to the state capital investments is financed by means of the Government budget of Turkmenistan.

Financing of the state environmental assessment of ecological situations and ecologically dangerous operating objects and complexes which is carried out according to the decision of the Cabinet of Ministers of Turkmenistan and bodies of the local executive authority is performed respectively at the expense of means of the Government budget of Turkmenistan, local budgets, and also the State fund of conservation of Turkmenistan.

6. The means arriving in the form of payment for conducting the state environmental assessment are listed in the Ministry of environmental management and environmental protection of Turkmenistan into the special account and spent for content and awarding of employees of system of the Ministry and for compensation of specialists of the ministries and departments, scientists and representatives of the public associations involved in conducting the state environmental assessment.

The means used in reporting year are subject to withdrawal and pass for the next year.

7. The positive conclusion of the state environmental assessment is valid within three years from the date of its issue.

If for this period realization of object is not begun, then it is subject to new state examination.

II. The main requirements to the materials represented on the state environmental assessment

8. Customers of ekspertiruyemy objects shall represent the following materials to ekologo-expert bodies and commissions of experts:

a) the design estimates on ekspertiruyemy objects (the explanatory note, including the Section "Environmental protection" and materials of environmental impact assessment (EIA), drawings, schematic maps and others);

b) coordination with the Ministry of Health and the Medical Industry of Turkmenistan and the Main state inspectorate of Turkmenistan for standardization, metrology, protection of subsoil and to safe operation in the national economy;

c) conclusion of non-departmental examination of the Ministry of Construction and Architecture of Turkmenistan;

d) results of discussion of materials of assessment of impact on the surrounding environment of ekspertiruyemy object with the public.

If necessary upon the demand of ekologo-expert body or commission of experts the customer shall represent additional materials, data and calculations.

9. The design estimates on development of ecologically dangerous types of economic activity specified in appendix to this Provision as a part of materials of environmental impact assessment shall contain materials of assessment of environmental risk and the statement for ecological consequences of activities.

10. The statement for ecological consequences the deyatelnostidokument guaranteeing accomplishment of measures for safety of this type of activity according to environmental standards and standard rates for all predicted period of its implementation including liquidation, shall contain data on the purposes and policy tools of activities, essential factors which influence or can influence condition of the surrounding environment, quantitative and qualitative indexes of assessment of levels of potential ecological danger of the planned activities.

The statement for ecological consequences of activities is certified by the customer of ekspertiruyemy object and general developer of the project of economic or other activity.

11. Documentation on creation of the new equipment, biotechnological developments, production technologies of materials and substances shall contain:

specification on development;

the project of specifications or the standard (changes of the standard) on the developed products;

cards of technological level and quality;

the draft of the technological instruction (for new technologies);

the draft of maintenance instructions (use) of the developed products;

materials (protocols, references, reports) about the carried-out preliminary testing (researches), including materials of environmental impact assessment;

the certificate of the predicted production.

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