LAW OF THE KYRGYZ REPUBLIC

of June 16, 1999 No. 54

About environmental assessment

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on May 13, 1999

Section I. General provisions

Article 1. Basic concepts and determinations

Impact - the action on certain object attracting or capable to entail in it quantitative or high-quality changes.

The initiator of the project - legal entity or physical person, the organizer of activities having the financial resources necessary for preparation and implementation of the planned project decisions.

The environment - the native habitat of the person, the biosphere serving as condition, means and the place of human life and other live organisms; in a broad sense includes the nature as system of natural ecological systems and the environment as that part of natural environment which is transformed as a result of activities of the person.

Environmental impact assessment (EIA) - identification, the analysis, assessment and accounting in project solutions of expected impact of the planned economic and other activity, changes in the environment caused by it.

Nature protection designing:

development of environmental impact assessment (EIA);

development of the Section of the design estimates "Environmental protection";

development of the ecological passport (standard rates of maximum permissible emissions, maximum permissible dumpings, etc.);

carrying out environmental audit.

Project:

plan, intention;

developed plan of construction, device;

preliminary text of the document;

element in system of preparation of the decision.

Realization of object of examination - the beginning and work flow on construction, operation, liquidation of industrial and other facilities, to rendering services, receipt in economic circulation of products and technologies according to the decisions provided by the preplanned, preproject and project documentation and also entry into force of the legal act, other real use of object of examination.

Ecological safety - condition of security of the vital interests of the personality, society, security of the environment as conditions and subsistence of the person and society, from the threats resulting from anthropogenous and natural impacts on them.

Environmental risk - probability adverse for the environment and health of the population of effects of any (deliberate or accidental, gradual and catastrophic) anthropogenous changes of natural objects and factors.

Environmental assessment - determination of level of environmental risk and danger of the planned decisions which implementation directly or indirectly will exert impact on state of environment and natural resources.

Article 2. Purposes of environmental assessment

The purposes of environmental assessment are:

prevention of impact of possible negative effects of realization of the planned management, economic and other activity on health of the population and the environment;

assessment of conformity of the planned management, economic, investing and other activity at the stages preceding decision making about their realization and also in the course of their construction and realization to requirements of the nature protection legislation.

Article 3. Objects of environmental assessment

Objects of environmental assessment are:

projects of regulatory legal acts, the normative and technical, instructive-methodological and other documents regulating economic and other activity;

the materials preceding project development of development and placement of productive forces in the territory of the Kyrgyz Republic including:

- drafts of the investing, comprehensive and target social and economic, scientific and technical and other state programs connected with environmental management;

- drafts of master plans of development of the territories, including free economic zones and territories with specific mode of environmental management;

- drafts of schemes of development of industries;

- drafts of the state complex schemes of conservation and use of water, forest, land and other natural resources, including projects of ecological rehabilitation of the territories and recultivation of lands;

feasibility statements and construction projects, reconstruction, expansions, modernization, preservation and liquidation of objects, other projects, irrespective of their estimated cost, departmental accessory and patterns of ownership which realization can make impact on the environment;

feasibility statements and projects of economic activity of the adjacent states which implementation requires use of general with the adjacent states of natural objects (resources);

drafts of the international treaties, contracts and agreements connected with environmental management;

technical documentation on the new equipment, technology, on materials, substances, the certified goods and services including which are purchased abroad;

the materials of comprehensive ecological examination of sites of the territories proving giving to these territories of legal status of especially protected natural territories, zones of ecological catastrophe or zones of emergency ecological situation, and also the program of rehabilitation of these territories;

the materials proving issue of licenses, permissions and certificates on implementation of the activities capable to make impact on the environment, including import, export of products and natural resources;

the materials characterizing ecological condition of certain regions, places and objects;

the agreements, contracts, agreements concerning change of patterns of ownership of the companies making negative impact on the environment;

other types of documentation proving economic and other activity.

Article 4. Principles of environmental assessment

Environmental assessment is based on the principles:

- obligation of conducting the state environmental assessment before decision making about realization of object of examination;

- presumptions of potential ecological danger of any planned economic and other activity;

- complex assessment of impact and effects of ekspertiruyemy activities on the environment and accounting of requirements of ecological safety;

- the accuracy of the information represented on the state environmental assessment;

- independence of expert bodies and experts when implementing of the powers by them in the field of environmental assessment;

- publicity;

- accounting of public opinion;

- responsibility of concerned parties for the organization, carrying out, quality of environmental assessment, implementation of its decisions.

Article 5. Types of environmental assessment

In the Kyrgyz Republic are performed:

- state environmental assessment;

- public environmental assessment.

Section II. Powers of state bodies of the Kyrgyz Republic in the field of environmental assessment

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