of October 29, 2010 No. 1592
About approval of the Regulations on procedure for conducting public environmental assessment
Based on part four of article 61 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 conducting public environmental assessment it (is applied).
Deputy prime minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of October 29, 2010 No. 1592
1. This Provision determines procedure for 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 registered in the Republic of Belarus performing activities in the field of environmental protection and (or) the citizens of the Republic of Belarus making offers on conducting public environmental assessment;
public environmental assessment – establishment of compliance or discrepancy of the town-planning, preproject (pre-investment), project documentation (further, unless otherwise specified, – the project documentation) to requirements of the legislation on environmental protection and rational use of natural resources, and the project decisions containing in preproject (pre-investment) documentation, town-planning projects – to regulations of town-planning development and use of the territories.
3. Public environmental assessment by the independent specialists having special knowledge in the field of environmental protection and rational 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, and also the changes and (or) additions made to them;
preproject (pre-investment) documentation on construction, reconstruction 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 is carried out;
architectural and in case of single-stage designing construction projects on construction, reconstruction 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 is carried out.
5. Subjects of public environmental assessment are:
specialists who will see off it;
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. The customer provides representation of the project documentation to initiators on public environmental assessment in the same structure, as for conducting the state environmental assessment, except for to information, distribution and (or) representation to whom is limited or it is forbidden by the legislation.
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 copyright, the state secrets, on information and informatization, and also with other legislation, except for to the project documentation which is submitted for public discussion.
11. The initiator within seven working days after obtaining from the customer of the project documentation shall publish in printing mass media in which the notification on public discussions, the message on conducting public environmental assessment was published, and also to notify the organizer of public discussions on need of placement on its official site on the Internet (in the presence of such website) in the Section "Public Discussions" of the message on conducting public environmental assessment which shall contain:
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