Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of February 25, 1998 No. 1538-XIII

About fund of the natural territories protected by the state

(as amended on 27-07-2018)

The parliament adopts this law.

Section I General provisions

Art. 1. - This law establishes the legal basis of creation and functioning of fund of the natural territories protected by the state, the principles, the mechanism and procedure for its preserving, and also power of the central and local authorities of the public power, non-governmental organizations and citizens in the field.

Art. 2. - In this law the following basic concepts are used:

specially protected territory for avifauna - the natural space intended for preserving, maintenance and, depending on circumstances, recovery of the favorable security status of bird species and specific habitats for the purpose of protection of the migrating types of wild birds;

the protected natural territory - geographically isolated natural territory including typical and rare natural elements allocated and regulated for the purpose of preserving and protection of all factors of the circle in its limits;

the territory of multipurpose use - the territory and/or the water area with economic resources in which along with ensuring preserving the nature regulated economic use of flora, fauna, water resources, pastures and occupation is performed by tourism;

the central body of environmental protection - the supreme and single state body in the field of environmental protection developing, pursuing and performing environmental policy at the national level;

biocenosis - set of the microorganisms, mushrooms, plants and animals inhabiting more or less homogeneous land area or reservoir and which are characterized by certain relations among themselves and fitness to conditions of the circle surrounding them;

biodiversity - variety of live organisms within land and marine ecosystems, other water ecosystems and ecological complexes which part they are. The concept covers intraspecific, trans-species variety and variety of ecosystems;

ecosystem - dynamic complex of communities of plants, animals, mushrooms and microorganisms, and also set of abiotic factors of the circle which interaction constitutes single functional whole;

ecological equilibrium - complex of functional conditions of ecosystem which dynamics provides its structure and functions;

fund of the protected territories - set of the natural territories, natural objects and complexes protected by the state;

gene pool - set of vegetable, animal types, and also types of mushrooms, the microorganisms which are carriers of heritable information;

habitat, biotope - the natural habitat of organisms and populations of flora, fauna, mushrooms and microorganisms;

nature sanctuary - the unique natural object having special ecological, scientific, cultural, historical and esthetic value;

national park - the typical natural territory including different landscapes, natural and cultural and historical objects and complexes, local types of plants and animals held for use in scientific, recreational, economic, cultural, tourist, educational, educational and other targets;

the landscape reserve - the homogeneous natural system (forest, steppe, meadow, plavnevy and marsh) having scientific, ecological, recreational, esthetic, didactic, educational value, intended for preserving its natural qualities and implementation of regulated economic activity;

the scientific reserve - the biogeographical territory and/or the water area of national value having the status of research establishment, intended for preserving in natural state of natural objects and complexes, preserving biodiversity, development of scientific bases of environmental protection;

the natural reserve - the natural territory having scientific value and intended for preserving and recovery of separate or several natural components for the purpose of maintenance of ecological equilibrium;

the resource reserve - the natural territory including especially valuable resources of national value kept for future generations;

the biospheric reserve - the geographical territory and/or the water area with physiographic elements and educations, types of plants and animals of national and international value having the status of research establishment, recognized by UNESCO part of world natural property;

wetland ground of the international value - the water territory and/or water space including the different types of wetland ecosystems which are answering to criteria of allocation of wetlands of the international value of the Ramsarsky convention, having rich biodiversity and playing important role as places of dwellings of waterfowl.

Art. 3. - (1) In structure of fund of the natural territories protected by the state (further - fund of the protected territories), the natural objects and complexes having indisputable paramount value for enter:

a) preserving biodiversity and the natural habitats in particular having the international and cross-border value;

b) preserving natural habitats of special value for the migrating animal species, in particular in places of their flight, concentration, hibernation, molt and reproduction;

c) studying of natural processes;

d) recoveries of ecological equilibrium;

e) ecological education of the population;

f) developments of ecological tourism.

(2) Primary data about fund of the protected territories are used in case of plan development of arrangement of the territory.

Art. 4. - (1) the Fund of the protected territories consists of the following categories in case of the family of objects and complexes:

1) allocated according to classification of International union oh of nature wound:

a) scientific reserves;

b) national parks;

c) nature sanctuaries;

d) natural reserves;

e) landscape reserves;

f) resource reserves;

g) territories of multipurpose use;

2) not entering classification of International union of conservation:

a) dendrology gardens;

b) monuments of landscape gardening art;

c) zoos;

3) established by other international documents:

a) biospheric reserves (Program of UNESCO);

b) wetlands of the international value (Ramsarsky convention).

(2) Wetlands of the international value and their components can have at the same time the status of one of the categories provided in part (1), or to incorporate one or several objects of these categories.

Art. 5. - Objects and complexes of fund of the protected territories are subdivided into objects and complexes of the international, national and local value. The procedure for reference to these categories of the importance is determined by this law and other regulations on fund of the protected territories, and also international conventions in the field (The convention on biological diversity, Rio de Janeiro, 1992; The Convention on protection of wild fauna and flora and environments of dwelling in Europe, Bern, 1979; The Convention on preserving the migrating types of wild animals, Bonn, 1979; The Convention on the wetlands having the international value, mainly as places of dwellings of waterfowl, Ramsar, 1971, etc.).

Art. 6. - The main objectives of fund of the protected territories are:

a) regulation of the relations in the field of environmental protection, preserving natural objects and complexes for present and future generations;

b) deep studying of natural processes in biocenoses of especially valuable forest and steppe ecosystems, wetlands, places of reproduction, hibernation and ways of migration of animals, and recovery of ecological equilibrium within the protected natural territories;

c) preserving gene pool within the biological potential of natural objects and complexes;

d) accountability of the physical persons and legal entities guilty of damnification to the protected natural territories;

e) observance of international conventions and agreements on protected in case of the native territories.

Art. 7. - (1) Objects and complexes of fund of the protected territories are public property, except for the lands specified in part (3).

(2) Earth of objects and complexes of fund of the protected territories are intended for conservation, are part of public property, cannot be privatized, leased and have the mode of protection and managing established by the current legislation.

(3) the structure of fund of the protected territories can include also the lands which are in private property, taken under the state protection and remaining property of owners of private lands. Determination of the rights and obligations of each party is performed on the basis of special provision.

(4) Owners of the lands which are public property provide annual financing of objects and complexes of fund of the protected territories which are on the lands used by them and marking with their restrictive signs.

(5) Owners of lands on which the objects and complexes of fund of the protected territories specified in subitems c) - g) Item 1) are located and also the subitem b) Item 2) parts (1) Articles 4, shall provide observance of the security mode according to the current legislation.

(6) Owners of the lands which are public property and also bodies of local public authority owe each 3 - 5 years, since 2000, make offers on capture under protection of the state of the most valuable and typical ecosystems, biotopes and nature sanctuaries of national and local value.

(7) In case of development of documentation on town planning and arrangement of the territory, projects of the organization and development of industries of national economy the arrangement of objects and complexes of fund of the protected territories for the purpose of steady management is considered by them.

Art. 8. - Objects and complexes of fund of the protected territories are used in the following purposes:

a) protection of the most typical natural territories;

b) preserving gene pool;

c) preserving biodiversity;

d) preserving landscape in natural state;

d-1) protection of ways of migration and places of reproduction;

e) carrying out scientific research;

f) implementation of monitoring of the protected natural territories;

g) ecological, cultural, esthetic education and rest of citizens.

Art. 9. - All projects and programs of ecological recovery and improvement, administrative and social construction, construction of communication networks and other economic objects in the protected natural territories are subject to the state environmental assessment performed by the central body of environmental protection.

Art. 10. - The central and local authorities of public management, owners of lands under which authority objects and complexes of fund of the protected territories are free of charge and without fail provide to the central body of environmental protection the data necessary for implementation of environmental monitoring.

Art. 11. - (1) Withdrawal of lands from fund of the protected territories strictly is forbidden, except as specified, when they lost value as a result of natural disasters or catastrophic crashes and cannot be recovered. In all cases withdrawal of lands from fund of the protected territories is made according to the offer of the central body of environmental protection and Academy of Sciences of Moldova based on the decision of Parliament.

(2) Century trees in case of drying are excluded from the list of nature sanctuaries with the consent of the central body of environmental protection.

(3) the capture Mechanism under protection of the state of the typical natural territories which are under authority of the central bodies of public management provides, in case of discrepancy of line items, priority of line item of the central body of environmental protection, Academy of Sciences of Moldova and National Institute of Ecology. The line item of the central bodies of public management and/or other bodies under which authority the public property is is advisory.

The Section II of Power of the central and local authorities of the public power, non-governmental organizations and citizens concerning fund of the protected territories

Art. 12. - Parliament:

a) determines policy of preserving biodiversity and approves the strategic development program of fund of the protected territories;

b) adopts legal acts for fund of the protected territories;

c) ratifies international conventions and agreements on the protected natural territories;

d) makes decisions on creation of scientific reserves, national parks, biospheric reserves, dendrology and zoos, and also on capture under protection of the state of other natural territories, stipulated in Article 4, on government proposal based on the conclusions of the central body of environmental protection and Academy of Sciences of Moldova.

Art. 13. - Government:

a) pursues policy of preserving biodiversity and realizes the strategic development program of fund of the protected territories;

b) provides representation by owners of the lands which are public property, offers on capture under protection of the state of the typical natural territories;

c) finances scientific programs and provides material and technical resources of development of fund of the protected territories;

d) promotes international cooperation in the field of reserved case;

e) regulates other aspects of activities concerning fund of the protected territories.

f) approves, in the presence of the conclusion of the responsible permanent commission of Parliament, standard provisions on the categories of natural objects and complexes specified in Article 4;

g) approves regulations on functioning on the categories of natural objects and complexes specified in the subitem b) Item 1) and the subitem and) Item 3) of part (1) Article 4;

h) approves borders of objects and complexes of fund of the protected territories;

i) approves management plans for categories of the natural objects and complexes specified in the subitem and) Item 3) of part (1) Article 4;

j) approves the Standard concept and Regulations on functioning of the Automated information system of fund of the natural territories protected by the state.

Art. 14. - Central body of environmental protection:

a) exercises the state control of observance of the security mode of objects and complexes of fund of the protected territories irrespective of their departmental subordination and type of property;

b) manages the natural territories with the special security mode provided by the subitem a) Item 1) of part (1) Article 4;

c) develops and coordinates the strategic development program of fund of the protected territories;

d) will organize monitoring of fund of the protected territories;

e) pursues policy in the field of reserved case and together with Academy of Sciences of Moldova prepares and represents to the Government and Parliament of the offer on creation of scientific reserves, national parks, biospheric reserves, dendrology and zoos, and also about capture under protection of the state of one or a number of the typical natural territories;

f) controls observance of the security mode in the protected natural territories subordinated to the central and local authorities of public management;

g) develops suggestions for improvement of the legislation on fund of the protected territories;

h) provides accounting of objects and complexes of fund of the protected territories;

i) develops together with the interested ministries, departments and other central bodies of public management the Section of the protected natural territories as a part of plans of arrangement of the territory;

j) supports international backgrounds concerning fund of the protected territories and preserving biodiversity;

k) develops and coordinates programs of the scientific research conducted within fund of the protected territories;

l) coordinates and approves with bodies of local public authority of the scheme of rational placement of objects and complexes of fund of the protected territories.

m) develops and submits to the Government for approval the standard provisions approved with the responsible permanent commission of Parliament on the categories of natural objects and complexes specified in Article 4;

n) establishes together with the Agency of land relations and inventory of border of objects and complexes of fund of the protected territories;

o) keeps the register of the Automated information system of fund of the natural territories protected by the state in case of means of Institute of Ecology and geography of Academy of Sciences of Moldova.

Art. 15. - Bodies of local public authority:

a) bear responsibility for observance in the subordinated territory of the ecological legislation, including this law;

b) perform actions for protection, ecological recovery and reconstruction within objects and complexes of fund of the protected territories specified in subitems c) - g) Item 1), and also the subitem b) Item 2) of part (1) Article 4;

c) within the territory subordinated to them transfer separate in case of the native territories to category of the protected natural territories which are subject to inclusion in documentation on town planning and arrangement of the territory.

Art. 16. - Non-governmental organizations have the right:

a) develop the ecological programs concerning the protected natural territories propagandize them and participate in their realization;

b) create ecological funds;

c) participate in checks of observance of the security mode in objects and complexes of fund of the protected territories;

d) as much as possible to promote ecological education of the population;

e) publish and spread materials on the protected natural territories;

f) obtain information on the environment and conduct the scientific research coordinated with the central body of environmental protection;

g) make proposals and represent the corresponding materials about capture under protection of the state of the separate typical natural territories.

Art. 17. - Citizens have the right:

a) organize public discussion of drafts of the legal and other regulations concerning fund of the protected territories;

b) make offers on capture under protection of the state of natural objects and complexes and their inclusion in fund of the protected territories;

c) exercise public control over compliance with law about fund of the protected territories;

d) perform nature protection activities within non-governmental organizations;

e) give to any competent instance of the petition for reshaping and upgrade of the economic objects contaminating the protected natural territories.

The Section III Control mode fund of the protected territories

Chapter 1 Basic principles

Art. 18. - Control mode fund of the protected territories represents single complex of the security, ecological, technical and organizational measures regulating the activities which are carried out within fund for the purpose of preserving, optimization and rational long-term development of network of the protected natural territories.

Art. 19. - Scientific reserves, national parks, biospheric reserves, dendrology and zoos have the status of the legal entity.

Art. 20. - (1) Earth and the reservoirs which are part of scientific reserves, conservation zones of national parks and biospheric reserves of dendrology gardens are excluded from economic use and are transferred to the relevant organizations to unlimited use. In borders of national parks and biospheric reserves there can be lands and reservoirs of other users or owners. In this case users and owners shall observe the restrictions connected with requirements of environmental protection and prohibitions on the types of activity provided by this law.

(2) If the structure of scientific reserves, national parks and biospheric reserves join the lands which are private property, equivalent replacement or monetary compensation is offered to their owners. The costs connected with change of method of managing on the lands which are private property and also the benefit missed during this period are compensated by the state.

(3) the Protected natural territories function based on standard provisions. In case of need the central body of environmental protection in coordination with Academy of Sciences of Moldova on the basis of standard provision provisions for specific objects and complexes of fund of the protected territories affirm.

(4) the natural objects (century trees, sources and so forth) having other, specific mode of protection which are in the protected natural territories submit to also security mode of the corresponding natural territories.

Art. 21. - In cases when scientific reserves, national parks and biospheric reserves are under authority of other central bodies of public management, than the central body of environmental protection, they represent to the specified body informative semi-annual and detailed annual statements, and also chronicles of the nature published by them. Owners of other objects and complexes of fund of the protected territories provide annually information on condition of the corresponding protected natural territories and on the activities performed in them.

Chapter 2 Scientific reserves

Art. 22. - Scientific reserves are created with the priority purpose of environmental protection, carrying out scientific research, ecological education and education of the population.

Art. 23. - (1) Scientific reserves have the status of research establishments and are under authority of the central body of environmental protection.

(2) Differentiation of powers on managing on the squares occupied with the wood within reserves between the central body of environmental protection and the central governing body of forestry is performed on the basis of special provision.

Art. 24. - The following tasks are assigned to scientific reserves:

a) preserving biodiversity and protection of natural complex of the reserve against anthropogenous impact;

b) preserving land and water habitats (land and water biotopes);

c) carrying out scientific research;

d) implementation of scientific achievements in the field of reserved case and accomplishment of ecological programs;

e) maintaining chronicles of the nature;

f) implementation of environmental monitoring;

g) cooperation in the field of reserved case with the specialized organizations and organizations in the country and abroad;

h) promotion of nature protection knowledge;

i) preparation of scientific personnel and specialists in the field of conservation, in particular reserved case.

Art. 25. - Within scientific reserves, except for absolutely reserved zones, the following types of activity are allowed:

a) works on reproduction and ecological recovery;

b) holding fire-proof actions;

c) accomplishment of necessary veterinary and sanitary actions;

d) selection hunting and regulation of number of animals according to provisions of the Law on fauna;

e) the pasturage and mowing by workers of the reserve performed according to regulations on the scientific reserve;

f) sanitary cabins, cabins of care of plantings and reforestation cabins;

g) construction of office housing for scientists of the reserve;

h) other types of activity which are not contradicting assigned to the reserves to tasks approved by the academic council of the reserve and approved with the central body of environmental protection.

Art. 26. - In scientific reserves any activities which can lead to violation of the natural course of natural processes are forbidden, namely:

a) works on laying of heat conductors, power lines, the hydromeliorative and other works breaking ecological equilibrium;

b) investigation of subsoil and production of natural resources, except for resources of national value (oil, natural gas) on condition of observance of the special requirements for environment protection established by the central body of the state for management of natural resources and environmental protection;

c) introduction of mineral fertilizers, herbicides, pesticides and other harmful chemicals;

d) journey of vehicles out of roads and waterways public and their parking in the places which are not equipped for this purpose;

e) pasturage, hunting, fishing, unauthorized mowing, and also ruin of nests, holes, ant hills and other dwellings of animals;

f) collection of types of plants and animals in the live and processed type, and also their parts, except for scientific research, necessary for carrying out, and satisfaction, as far as possible, museum needs;

g) collection of herbs, flowers, fruits, berries, mushrooms, cane and reed, damage of trees;

h) continuous cabins;

i) introduction of new types of plants and animals;

j) burning of meadow herbs, cane and reed, cultivation of fires, any kind of rest of the population;

k) stay of strangers, except for scientists of other organizations and representatives of the non-governmental organizations having special the omission.

Art. 27. - Within scientific reserves absolutely reserved zone in which only carrying out scientific research is allowed is allocated. This zone occupies at least 20 percent of the territory of the reserve and can be located on one or on several sites of the territory of the reserve, depending on its area and types of ecosystems. Placement and the area of absolutely reserved zone are determined by the academic council of the reserve and affirm the central body of environmental protection and Academy of Sciences of Moldova.

Art. 28. - (1) In scientific reserves the academic councils which analyze are created and regulate all activities in the reserve.

(2) the Structure of the academic councils and regulations on them affirm the central body of environmental protection.

(3) Scientific research in reserves will be organized and carried out by scientific department of the reserve and other research establishments, and also non-governmental organizations.

Art. 29. - The staff list of scientific reserves affirms the central body of environmental protection and Academy of Sciences of Moldova.

Chapter 3 National parks

Art. 30. - National parks are created for preserving the natural complexes having special ecological, esthetic and cultural and historical value for the sake of optimum combination of natural landscapes and their long-term use in the scientific, cultural, tourist, educational and educational purposes.

Art. 31. - National parks have the status of research establishments. Subordination of national parks is determined during their creation.

Art. 32. - The following tasks are assigned to national parks:

a) preserving and protection of natural landscapes, geomorphological objects, plant and animal life, historical and cultural monuments in scientific, educational, recreational and economic targets;

b) creation of conditions for tourism and rest;

c) development and deployment of scientific methods of preserving natural objects and complexes in the conditions of their use in the recreational purposes;

d) promotion of nature protection knowledge, ecological education and education of the population.

Art. 33. - Use of natural resources, economic and recreational activity in national parks are performed in strict accordance with requirements of regulations on functioning.

Art. 34. - (1) the Territory of national park is subdivided into the following functional zones:

And - absolutely reserved zone which includes the territories intended for recovery of natural complexes of the park of protection of cultural and historical and archaeological monuments and in which any recreational and economic activity is prohibited. In this zone only carrying out scientific research according to the program approved by the academic council of national park and approved with the central body of environmental protection is allowed;

In - zone of recreational use in which conditions for survey of picturesque angle-pieces of the park and for short-term rest are provided. This zone can have tourist tracks, shelters on case of bad weather, the place for fires, fuel reserves, observation Items, sanitary and household objects, indexes, precautionary boards, schemes of placement of natural, cultural and historical and household objects. In case of need in zone reforestation works for preserving and recovery of natural landscapes are carried out;

With - the recreational zone intended for ensuring long rest. In this zone placement of campings, hotels, motels, camp glades, tourist bases, excursion bureaus, information centers, catering establishments, trade and cultural and community objects is allowed;

D - economic zone in which the economic activity which is not contradicting the mode of national park including cultivation of crops, traditional for this zone, using biological methods of pest control, by application of fertilizers and chemicals in strict accordance with technological regulations and with observance of rules of sanitary safety, functioning of the different companies, organizations and organizations only on condition of use of not contaminating technologies and observance of requirements for protection of the surrounding circle is performed.

(2) Recreational servicing of visitors of national park will be organized by administration of the park and the interested ministries and departments in coordination with the central body of environmental protection. For visit of the zones B and C the payment provided by regulations on national park is levied.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.