RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 29, 2010 No. 1592

About procedure for the organization and conducting public environmental assessment

Based on item 4 of article 39 of the Law of the Republic of Belarus of November 26, 1992 "About environmental protection" the Council of Ministers of the Republic of Belarus DECIDES: No. 1982-XII

1. Approve Regulations on procedure for the organization and conducting public environmental assessment it (is applied).

2. This resolution becomes effective since November 22, 2010.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of October 29, 2010 No. 1592

Regulations on procedure for the organization and conducting public environmental assessment

Chapter 1. General provisions

1. This Provision determines procedure for the organization and conducting public environmental assessment.

2. In this Provision the main terms and their determinations in the values established by the Law of the Republic of Belarus of July 18, 2016 No. 399-Z "About the state environmental assessment, strategic ecological assessment and environmental impact assessment" and also the following terms and their determinations are used:

initiators of public environmental assessment (further – initiators) – the public associations and physical persons making offers on conducting public environmental assessment;

public environmental assessment – establishment of compliance of the planned project and other decisions (further – project decisions) containing in town-planning projects, the preproject (pre-investment), project documentation (further if other is not provided, – the project documentation), to requirements of the legislation on environmental protection and rational use of natural resources, and the project decisions containing in town-planning projects, preproject (pre-investment) documentation – to also town-planning regulations.

Chapter 2. Procedure for the organization and conducting public environmental assessment of the project documentation

3. Public environmental assessment is carried out by the independent specialists having special knowledge in the field of environmental protection and rational (steady) use of natural resources and also in certain fields of science, the equipment and other fields of activity (further – specialists).

4. Objects of public environmental assessment are:

town-planning projects, including the changes made to them;

preproject (pre-investment) documentation on construction, reconstruction, technical upgrade of the objects specified in article 7 of the Law of the Republic of Belarus "About the state environmental assessment, strategic ecological assessment and environmental impact assessment" for which the environmental impact assessment, including the changes made to it is carried out;

architectural or in case of single-stage development of the project documentation construction projects on construction, reconstruction, upgrade, technical upgrade of the objects specified in article 7 of the Law of the Republic of Belarus "About the state environmental assessment, strategic ecological assessment and environmental impact assessment" for which the environmental impact assessment, that number the changes made to them is carried out.

5. Subjects of public environmental assessment are:

her initiators;

specialists who will see off it;

customers.

6. For conducting public environmental assessment of the project documentation initiators within 10 working days from the start date of public discussions specified in the notification on public discussions published in printing mass media and posted by their organizer on the official site on the global computer Internet (further - the Internet) (in the presence of such website) in the Section "Public Discussions", direct to the customer the application for intention of conducting public environmental assessment (further - the statement).

The statements which arrived after the term specified in part one of this Item are not considered.

7. The customer within five working days after completion of public discussions informs all initiators on date, time and conditions of submission of the project documentation. The project documentation is transferred by the customer to the initiator at least in 35 calendar days prior to the direction it to the state environmental assessment.

The project documentation can be submitted to initiators paid based on the civil agreement within terms and on the conditions established by the civil agreement and this Provision.

The amount of payment for provision of the project documentation determined by the civil agreement cannot exceed economically reasonable costs connected with its provision.

In case of need completions of the project documentation by results of public discussions the customer informs on it all initiators with indication of the planned terms of its completion.

8. Representation of the project documentation to initiators on public environmental assessment is performed by the customer according to part two of Item 1 of article 39 of the Law of the Republic of Belarus "About environmental protection".

Transfer of the project documentation by the customer to initiators and initiators to the customer is drawn up by the act of acceptance transfer in form according to appendix.

9. For conducting public environmental assessment by initiators the specialists having the corresponding qualification and work experience in that knowledge domain in which expertize will be carried out are attracted.

Public environmental assessment can be carried out by one specialist or the group of specialists created by the initiator.

Initiators can participate in meetings of experts when conducting public environmental assessment.

10. Initiators and specialists shall ensure safety of the project documentation received for conducting public environmental assessment and have no right to disclose information obtained in case of its carrying out which distribution is limited or it is forbidden according to the legislation on information, informatization and information security, on trade secret, the state secrets, except for to the project documentation which is submitted for public discussion.

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