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BASES OF THE LEGISLATION OF THE REPUBLIC OF ARMENIA

of June 9, 1991

About conservation

(as amended on on April 25, 1996)

These Bases determine nature protection policy of the Republic of Armenia and aim to provide protection of the environment and regulation of its use in the territory of Armenia, and also to create the necessary legal basis for development of the nature protection legislation governing the relations on protection and use of subsoil, the woods and waters, plant and animal life, atmospheric air.

Section 1. General provisions

Article 1. Essence and purposes of conservation

Conservation represents implementation of practical actions for prevention of harmful effects of human activities on the environment, to maintenance of stability of the biosphere, ensuring harmony of the nature and life activity of the person, rational use and reproduction of natural resources.

Conservation purposes:

- providing environment suitable for life and life activity of the person;

- preserving natural gene pool, assistance to reproduction of richness of animal and flora;

- preserving overall ecological balance of natural and territorial systems and variety of landscapes;

- preserving and effective use of inventories of minerals ensuring their complex and wasteless exploitation;

- preserving unique natural complexes, the historical, cultural and esthetic natural values which are national property.

Article 2. The nature objects which are subject to protection

In the territory of the Republic of Armenia and to regulation of use the earth, its subsoil, plant and animal life, atmospheric air, waters, especially protected natural territories, reserves, wildlife areas, typical or unique natural objects, resort areas, areas connected with the major historical events, landscapes are subject to the state protection from pollution, spoil, damage, depletion, disappearance.

Article 3. Essence, purposes and conditions of use of the nature

Use of the nature represents relations of the person and the nature in the course of which spiritual, physical and material needs of the person are satisfied.

Use of the nature is allowed only with condition of ensuring its protection and reproduction.

Article 4. The legislation regulating conservation and use of natural resources of the Republic of Armenia

In the Republic of Armenia the relations on conservation and use of natural resources are regulated by these Bases and other legal acts of the Republic of Armenia adopted according to them.

Article 5. Economic mechanism of ensuring conservation

The economic mechanism of ensuring conservation is determined by separate bylaws and includes:

- collection of payment for use of natural resources, environmental pollution and other harmful effects on it in admissible limits;

- collection of penalties for violation of the nature protection legislation;

- application of increased taxes and other economic sanctions for not implementation of the scientific and technical achievements, new, more effective remedies, the equipment, technologies and the equipment providing conservation, or their inadequate use;

- collection of the additional tax for use of ecologically harmful technologies;

- provision of tax, credit and other benefits for implementation of low-waste, non-waste and resource-saving productions and technologies, the activities promoting protection and recovery of the nature, high ecological discipline; provision of the licenses granting the right to the inevitable emissions and dumpings polluting the surrounding environment;

- compensation of the damage caused by spoil and destruction of natural objects;

- establishment of obligations on recovery of the broken state of environment or its separate components.

For implementation of nature protection actions also local funds of conservation are created republican.

Public organizations can create public funds of conservation.

Article 6. Obligations of the state in the field of conservation

Combining conservation with other fundamental problems of national state policy. The Republic of Armenia shall:

- provide all to citizens of the republic the safe, healthy and favorable environment satisfying them social, esthetic and cultural requirements;

- try to obtain more effective use of the environment, excepting its deterioration, emergence of health hazard of people and ecological safety;

- try to obtain balance between population growth and use of natural resources, to provide overall ecological balance of separate or several components of the nature;

- combine national and international interests in this area.

Article 7.

It is excluded 25/04/1996 of g.

Article 8. Competence of the Government of the Republic of Armenia in conservation

Competence of the Government of the Republic of Armenia includes development and implementation of nature protection actions, development of the external relations in this area, regulation of use of natural resources, acceptance under protection of the state of nature sanctuaries, stories and cultures, prevention of ecological crisis and natural disaster response and major accidents.

Article 9. Competence of local government bodies in conservation

Competence of local government bodies includes the conclusion after approval of environmental agencies of the agreements determining amount and methods of use of the nature, transfer of the territory to use, protection of landscapes, ecosystems, separate elements of the nature and implementation of the corresponding control.

Article 10. Competence of the state authorized body on conservation

Implementation of the state control of conservation and use of natural resources regulates the state authorized body which competence is determined by regulations on the state authorized body by conservation of the Republic of Armenia.

The state authorized body on conservation shall report timely to the population authentic data on state of environment.

Article 11. The rights and obligations of citizens in the field of conservation

Each citizen of the Republic of Armenia has the right:

- use improving properties of the nature;

- in the procedure provided by the law to use the nature benefits;

- receive total compensation for the harm done to health as a result of environmental pollution, ecological accident or disaster;

- require and to timely obtain comprehensive and reliable information about state of environment;

- live in the net environment, and in case of it to narusheniyapoluchit the status ecologically distressed in case of which the system of equivalent compensation installed by Council of Ministers of the Republic of Armenia is applied;

- participate in development of the laws and resolutions on conservation and control of their accomplishment;

- be involved in the public nature protection organizations;

- have other rights which are not contradicting the nature protection legislation.

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