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LAW OF THE REPUBLIC OF TAJIKISTAN

of December 29, 2010 No. 666

About safety of hydraulic engineering constructions

(as amended on 17-05-2018)

This Law governs the relations arising when implementing activities for safety during the designing, construction, capital repairs, commissioning during operation, reconstruction, recovery, preservation and liquidation of hydraulic engineering constructions, establishes obligations of public authorities, owners of hydraulic engineering constructions and the operating persons and the organizations for safety of hydraulic engineering constructions.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- hydraulic engineering constructions - dikes, buildings of hydroelectric power stations, water waste, water intaking, vodospuskny constructions, tunnels, channels, pumping points, constructions intended for protection against floods, destructions of coast and bottom of water storage basins, the rivers, constructions (dam) protecting storages of liquid waste of the industrial and agrarian enterprises, devices from washouts on channels and also other constructions held for use water resources and prevention of negative impact of waters and liquid waste;

- users of hydraulic engineering constructions - physical persons and legal entities, irrespective of organizationally - legal form on which balance there is hydraulic engineering construction;

- the owner of hydraulic engineering constructions - physical persons and legal entities, irrespective of their form of business, the having rights of possession, uses and orders hydraulic engineering constructions;

- emergency situation - the situation in certain territory which developed as a result of accident of hydraulic engineering constructions which can entail the human victims causes damage to health of people or harm to the surrounding environment, material losses and to violate conditions of life activity of people;

- safety of hydraulic engineering constructions - the property of hydraulic engineering constructions allowing to provide protection of life, health and legitimate interests of people, the environment and economic subjects;

- the declaration of safety of hydraulic engineering constructions - the document in which safety of hydraulic engineering constructions is proved and measures for safety of hydraulic engineering constructions taking into account their classification are determined;

- criteria of safety of the limiting hydraulic engineering construction the values of quantitative and qualitative indexes of condition of the hydraulic engineering construction and conditions of its operation corresponding to admissible risk level of accident of the hydraulic engineering construction and approved in accordance with the established procedure by the public authorities exercising the state supervision of safety of hydraulic engineering constructions;

- assessment of safety of the hydraulic engineering construction determination of compliance of condition of the hydraulic engineering construction and qualification of employees of the organization of users to the regulations and rules approved according to the procedure, determined by this Law;

- admissible risk level of accident hydrotechnical sooruzheniyastepen risk of accident of the hydraulic engineering construction, established by regulating documents;

- the territory of the hydraulic engineering construction - the parcel of land and the water area in the borders established according to the Land code of the Republic of Tajikistan and the Water code of the Republic of Tajikistan;

- breeds of the basis - breeds which form the bases of hydraulic engineering constructions reflecting real hydrogeological conditions, microclimate and physics and technology features of the lower level of this construction;

- water objects - natural or artificial reservoir, waterway, or other object, the permanent or temporary center of waters in which has the characteristic forms and signs of the water mode;

- safety of hydrotechnical sooruzheniyarazrabotk and implementation of measures for the prevention of accidents of the hydraulic engineering construction.

Article 2. Legislation of the Republic of Tajikistan on safety of hydraulic engineering constructions

The legislation of the Republic of Tajikistan on safety of hydraulic engineering constructions is based on the Constitution of the Republic of Tajikistan and consists of this Law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Coverage of this Law

The law of the Republic of Tajikistan "About safety of hydraulic engineering constructions" extends to the hydraulic engineering constructions specified in article 1 of this Law which damages can lead to emergence of emergency situation.

Article 4. Powers of the Government of the Republic of Tajikistan in the field of safety of hydraulic engineering constructions

The government of the Republic of Tajikistan has the following powers in the field of safety of hydraulic engineering constructions:

- development and realization of state policy in the field of safety of hydraulic engineering constructions;

- organization of the state supervision of safety of hydraulic engineering constructions;

- determination of authorized state body in the field of safety of hydraulic engineering constructions;

- determination of tasks and obligations of authorized state body, state body on implementation of the state supervision, owners of hydraulic engineering constructions and their users in the field of safety of hydraulic engineering constructions;

- the organization and safety of the hydraulic engineering constructions which are in property of the state.

Article 5. Powers of state body in the field of safety of hydraulic engineering constructions

Powers of state body in the field of safety of hydraulic engineering constructions:

- the solution of safety issues of hydraulic engineering constructions in certain territory, except for safety issues of the hydraulic engineering constructions which are in all-republican property on the basis of general requirements on safety of the hydraulic engineering constructions determined in article 8 of this Law;

- participation in realization of state policy in the field of safety of hydraulic engineering constructions;

- participation in development and implementation of regional programs in the field of safety of hydraulic engineering constructions;

- ensuring supervision of safety of hydraulic engineering constructions when using water objects and implementing nature protection actions;

- decision making about restriction of service conditions in cases of violation of the law on safety of hydraulic engineering constructions;

- participation in mitigation of consequences of accidents of hydraulic engineering constructions;

- timely informing the population on threat of accidents of hydraulic engineering constructions which can lead to emergence of emergency situations;

- safety of the hydraulic engineering constructions which are in property of the state;

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