of May 1, 2000 No. 79
About some regulatory legal acts connected with the Land code of the Azerbaijan Republic
In pursuance of the Presidential decree of the Azerbaijan Republic of August 4, 1999 No. 176 "About application of the Land code of the Azerbaijan Republic approved by the Law of the Azerbaijan Republic of June 25, 1999" the Cabinet of Ministers of the Azerbaijan Republic decides:
1. Approve "Rules of withdrawal from economic circulation, preservation, protection, improvement and use of the lands which underwent to radioactive and chemical pollution" "Approval procedure on carrying out technical and agricultural works on the lands which underwent to exogenous geological processes" and "General bases and the principles of zoning of lands" (are applied).
2. In Item 20 of "Rules of promotion and consideration of petitions for withdrawal and allocation of the parcels of land for the state and social needs" approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 15, 2000 No. 42, to replace words "to the corresponding local executive authorities or municipalities for approval and representation to the customer with" words "to land department of the respective area (city) for state registration of land rights and representation to the customer".
Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 1, 2000 No. 79
These rules according to the Land code of the Azerbaijan Republic and other legal acts determine procedure for withdrawal from economic circulation, preservation, protection, improvement and use of the lands which underwent to radioactive and chemical pollution in the territory of the Azerbaijan Republic.
1. The lands which underwent to radioactive and chemical pollution which can create threat for human health and also not meeting health requirements for production for the solution of the corresponding local executive authorities and municipalities, are temporarily withdrawn from economic circulation, preserved and transferred for recovery to reserve land fund. The revitalized parcels of land return to the former users and are used for designated purpose on the basis of the conclusion of the expert group consisting of specialists of the State committee on property questions, the Ministry of Agriculture, Open joint stock company of melioration and water economy of Azerbaijan, the Ministry of Ecology and Natural Resources, the Ministry of Health, Committee of melioration and water economy under the Cabinet of Ministers of the Azerbaijan Republic and other relevant organizations on the decision of the bodies which withdrew data of the earth from circulation.
2. The increased content of radioactive materials in all types of lands is connected both with radioactive materials of natural origin, and with sources of technogenic nature. Radioactive elements of natural and artificial origin can be the cause of exceeding of regulation of radioactivity in the earth.
3. The main sources of chemical pollution of lands are the toxic chemicals applied in case of protection of plants in agricultural industry and also mineral fertilizers, industrial, household sewage and waste of other nature.
4. In case of radioactive and chemical pollution radiation hazard of radionuclides, the period of their half-decay, toxicity of chemical, disintegration time in the earth and so forth shall be considered.
The parcels of land which underwent to radioactive and chemical pollution on degree and nature of pollution are subdivided into the following groups:
a) suspiciously dangerous parcels of land which extent of pollution is 1.0-2.0 times higher than limit of existing rules of extent of pollution.
Life and activities of live organisms on these sites are determined by special sanitary and hygienic standard rates, and turnover of these substances on pasturable grounds is determined by their content in the meat and dairy products received from pets. The parcels of land not suitable for use in agricultural industry, it is necessary to isolate by means of special barriers or index signs.
b) the dangerous parcels of land which extent of pollution is 2.0 times higher than limit of existing rules.
On these sites contacts are limited only to special sanitary and hygienic standard rates. Such sites shall be completely isolated from the environment.
5. Withdrawal from economic circulation, preservation, protection, improvement and recovery of the lands which underwent to radioactive and chemical pollution is obligatory for all physical persons and legal entities, irrespective of pattern of ownership.
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