LAW OF THE REPUBLIC OF MOLDOVA

of June 16, 1993 No. 1515-XII

About environmental protection

The parliament of the Republic of Moldova adopts this law.

Environmental protection (further - environment) is the national priority concerning directly living conditions and health of the population, realization of economic and public and humanistic interests, and also opportunities of sustainable development of society in the future.

Chapter I General principles and provisions

Art. 1. - Relations of the person and society with environment are regulated by the Constitution, this law and provisions of other laws and legal acts relating to questions of protection of the circle and rational use of natural resources.

Art. 2. - This law is the legal basis for development of special regulations and instructions on single questions of protection of the circle for the purpose of:

a) providing to each person of the right to healthy and esthetically pleasant circle;

b) instilling in each generation of people of feeling of the highest responsibility for protection of the circle to the subsequent generations;

c) achievements of the broadest range of use of natural resources without exceeding of admissible limits, preventing their depletion and degradation, health hazard of people and other undesirable and unpredictable effects;

d) protection of the earth and subsoil, water and air from chemical, physical and biological pollution, from other impacts breaking economic equilibrium;

e) preserving biological diversity and gene pool, integrity of natural systems, national historical and cultural values;

f) recoveries of the ecosystems and their components broken as a result of anthropogenous activities or natural disasters.

Art. 3. - Basic principles of protection of the circle:

a) priority is more whole also than activities for protection of environment in case of realization of economic and public and humanistic interests of the population in the present and the future;

b) obligation of execution of the legislation on protection of the circle, observance of standards, standard rates and admissible limits of use of natural resources and energies, impacts of chemical, physical and biological factors on components of the circle, harmful emissions, dumpings, and also requirements for waste management, safe for environment, including dangerous;

c) responsibility of all physical and legal face for the damage caused or caused to the circle; the prevention, restriction, pollution abatement, and also compensation of damage caused to the circle and its components (even unintentionally or on negligence), at the expense of guilty physical and legal poured;

d) designing, placement and commissioning of subjects to social and economic appointment, accomplishment of the programs and works assuming change of d) planning, design, placement and commissioning of subjects to social and economic appointment, program implementation, plans and the planned activities which can make impact on the circle of the Republic of Moldova or other states are allowed only under condition:

- carrying out concerning the types of activity specified in appendices 1 and 2 to the Law on environmental impact assessment No. 86/2014, of assessment procedure of impact on environment or, depending on circumstances, the state environmental assessment and receipt of nature protection permission or the conclusion of the state environmental assessment in the procedure established by the legislation;

- informing on the planned activities of local public authority by bodies and initiators of the planned activities of the population living in limits of the corresponding object, and ensuring process of its participation in decision making at design stages and placements;

- holding procedure of strategic ecological assessment of plans and programs with possible essential impact on the environment, including on health of the population, established by competent authorities in the field of public health care, and receipt of the ecological conclusion according to Chapter II of the Law on strategic ecological assessment No. 11/2017;

e) paid use of the earth, subsoil, waters, the woods in the economic and public and humanistic purposes according to the current legislation; collection of duties and imposing of penalties for violation of the law about protection of the circle; the direction of the means received thus only on pollution abatement of the circle, depletion of natural resources and development of dangerous geological processes, and also on improvement of the circle and its components and reproduction of natural resources;

e-1) use of economic and financial instruments and mechanisms, including expanded liability of the producer of products and provision of incentives, for effective use of hierarchy of waste, the stipulated in Article 3 Laws on waste No. 209/2016;

f) stimulation of implementation of resource-saving technologies by means of provision of soft credits and different ways, increase in responsibility of users of nature by delivery of natural resources by it in long-term lease;

g) understanding by the population of need of establishment of the fruitful and harmonious relations between the person and the circle surrounding it and taking measures to prevention of threat for the biosphere and health of the person; encouragement of initiatives of social movements and forming on the termination of the activities doing harm to environment;

h) observance of the interstate and international treaties and agreements ratified by Parliament; reduction of the legislation of the Republic of Moldova on protection of the circle in compliance with the legislative principles of neighboring states, the European and world community in this area.

Art. 4. - (1) Natural resources - the earth, subsoil, water, flora and the fauna which are in the territory of the republic and also airspace over it are national property of the Republic of Moldova.

(2) the order Right all natural resources of the Republic of Moldova for the sake of the state belongs to Parliament.

(3) Transfer to physical persons and legal entities of the property right and right to use by natural resources does not exempt owners of these rights from compliance with law about protection of the circle.

Art. 5. - (1) Possession of knowledge in the field of protection of the circle and rational use of natural resources is compulsory qualification provision for substitution of executive positions in all state bodies.

(2) the Necessary minimum of knowledge in the field of protection of the circle and rational use of natural resources, obligatory for persons holding executive positions is established by the central body of the state for management of natural resources and environmental protection (further - the central body for natural resources and protection of the circle).

Chapter II Competence of Parliament, President, Government and bodies of local public self-government in protection of the circle

Art. 6. - Parliament:

a) approves the general political principles in the field of protection of the circle and use of natural resources;

b) adopts legal acts for protection of the circle and use of natural resources;

c) approves on government proposal limits of use of natural resources of national value, harmful emissions and dumpings on environment in the territory of the republic, duty on use of natural resources, on pollution of the circle and on accumulating of waste;

d) approves programs of improvement of the circle;

e) announces the territories zones of ecological crisis or environmental disaster, sets in them the mode of board and the status of citizens;

f) hears the annual statement of the Government about circle condition in the republic.

Art. 7. - President of the republic:

a) represents the interests of the Republic of Moldova in the international relations in the field of protection of the circle;

b) answers to the world community for circle condition in the republic.

Art. 8. - Government:

1) pursues policy of Parliament in the field of protection of the circle and provides rational use of natural resources;

2) is constituted by the inventory of natural resources;

3) makes decisions on temporary or final withdrawal from agricultural turnover of dangerous geological processes of lands depleted or subject to impact, on allocation of sites for afforestation, on creation of sanitary and conservation zones, and also protective forest belts;

Provides 4) together with bodies of local public self-government of measure for preserving biological diversity;

5) coordinates the activities for protection of environment performed by the ministries, other central administrative authorities and local government bodies;

6) develops programs of improvement of quality of the circle the next year;

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