LAW OF THE REPUBLIC OF TAJIKISTAN

of August 2, 2011 No. 760

About environmental protection

This Law determines the legal basis of state policy in the field of environmental protection and is aimed at providing sustainable social and economic development, guarantee of human rights for the healthy and favorable environment, strengthening of law and order, prevention of negative impact of economic and other activity on the environment, the organization of rational use of natural resources and providing ecological safety.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the environment - the habitat of the person, set of components of the environment, natural and natural and anthropogenous objects, and also anthropogenous objects;

- anthropogenous object - the object created by the person for ensuring his social requirements and which does not have properties of natural objects;

- biological diversity - variability of live organisms from all sources, including, land and water ecosystems and ecological complexes which part are live organisms; this concept includes variety within type, between types and variety of ecosystems;

- the favorable environment - the environment which quality provides steady functioning of natural ecological systems, natural and natural and anthropogenous objects;

- harm to the environment - negative changes of the environment as a result of its pollution which becomes the reason of degradation of ecological systems and depletions of natural resources;

- the state dendrology park - group of the plantings which are scientific, cultural and historical value, natural types of landscape gardening flora;

- pollutant - substance or mix of substances, quantity and (or) concentration of which exceeds the standard rates established for chemicals, including radioactive, other materials and microorganisms and makes negative impact on the environment;

- environmental pollution - receipt to the environment of potentially dangerous chemical and biological substances, radioactive materials, production wastes and consumption, and also environmental impact of noise, vibrations, magnetic fields and other negative physical impacts;

- buffer zones - part terrestrial and airspace, created for the purpose of reduction of external negative impacts around especially protected natural territories;

- sanitary protection zones - the natural zones intended for providing required hygiene standards of content on elevated layer of the atmosphere of concentration of pollutants, protection of water sources, reduction of negative influence of power lines by the surrounding population;

- quality of the environment - state of environment which is characterized by physical, chemical, biological and other indicators and (or) their set;

- environment components - the earth, subsoil, soils, surface and underground water, atmospheric air, vegetable, fauna and other organisms, and also ozone layer of the atmosphere and the near-earth space providing in total favorable conditions for existence of life on Earth;

- control of field of environmental protection (environmental control) - the system of measures directed to prevention, identification and suppression of cases of violation of the law in the field of environmental protection, ensuring compliance by subjects of economic and other activity with requirements, including standard rates and regulating documents in the field of environmental protection;

- The Red List - set of data on the rare, disappearing or being under the threat of disappearance types of the plants and animals approved in the procedure established by the legislation of the Republic of Tajikistan for the purpose of introduction of the mode of their special protection and the subsequent reproduction;

- limit of use of natural resources - the extreme number of withdrawal and consumption of natural resources, emissions of pollutants in the environment which is established for the purpose of protection of natural resources, their rational use, the prevention and prevention of negative impacts;

- limits on emissions of pollutants and microorganisms (further - limits on emissions) - the emission limitations of pollutants and microorganisms to the environment established for holding actions for environmental protection, including implementation of the best existing technologies for the purpose of achievement of standard rates in the field of environmental protection;

- monitoring of the environment (environmental monitoring) complex system of observations, assessment and the forecast of changes of state of environment under the influence of natural and anthropogenous factors;

- standard rates in the field of environmental protection (further - nature protection standard rates) - the established standard rates of quality of the environment and standard rates of admissible impact on it in case of which observance the environment, favorable for human life, is provided steady functioning of natural ecological systems also remains biological diversity;

- standard rates of permissible anthropogenous load on the environment - the standard rates established according to the size of admissible cumulative impact of all sources on the environment and (or) separate components of the environment within the specific territories in case of which observance steady functioning of natural ecological systems is provided and biological diversity remains;

- especially protected natural territories - sites of lands, waters and water space over them where the natural complexes and objects having special nature protection, scientific, cultural, esthetic, recreational and improving value and which in the procedure established by the law are withdrawn fully or partially from economic use and for which the specific mode of protection is set are located;

- environmental protection - system of the state and public measures of legal, economic, social, technological, educational and international nature aimed at providing harmonious interaction of society and the nature on the basis of preserving and recovery of the environment, rational use of natural resources, improvement of quality of the environment of the person, the prevention and prevention of negative impact of economic and other activity on the environment and liquidation of its effects;

- environmental impact assessment - type of activity on identification, the analysis and accounting of direct, indirect and other effects of impact on the environment of the planned economic and other activity for the purpose of decision making about opportunity or impossibility of its implementation;

- natural and anthropogenous object - the natural object changed as a result of economic and other activity and (or) the object created by the person, having properties of natural object and having recreational and protective value;

- natural object - natural ecological system, natural landscape and elements constituting them which kept the natural properties;

- natural complex - complex functionally and the natural objects which are naturally connected among themselves combined by geographical and other corresponding signs;

- the natural landscape - the territory which did not undergo to change in result of economic and other activity and is characterized by combination of certain types of land relief, the soils, vegetation created in uniform climatic conditions;

- natural resources - the natural components of the environment, natural and natural and anthropogenous objects consumed by the person (solar energy, intra terrestrial heat, atmospheric air, land, water, forest and mineral resources, radioactive materials, animal and flora, their derivatives, other natural benefits);

- use of natural resources - economic and other (including military) the activities performed with use of separate types of natural resources and also impact of these activities on the environment;

- the user of nature - the physical person or legal entity acting as the initiator or the customer of economic or other activity, the performing interaction with the environment and natural resources;

- system of environmental protection - set of state programs, and actions, technical regulations, authorized state body on environmental protection, the infrastructure divisions and other elements of network operating in the field of the environment of organizations and organizations irrespective of the forms of business of property directed to realization of state policy in the field of the environment, combined for the solution of the single purposes and tasks, increase in contribution of this industry in social and economic development of the country, providing ecological safety and the environment, favorable for the person;

- the technological standard rate - the standard rate of admissible emissions and dumpings of substances and microorganisms which is established for stationary, portable and other sources of engineering procedures, the equipment and reflects admissible lot of emissions of substances and microorganisms to the environment counting on products unit;

- ozone layer - atmosphere layer at the height of 7-8 km on poles and 17-18 km on the Equator at the level of the planet with high centrality of the molecules which are not passing the ultraviolet rays harmful for live organisms from space;

- ecological system (ecosystem) - the single, steady, spontaneous, self-regulating within certain (local) site of the biosphere set of the live and lifeless components of the environment connected among themselves by metabolism, energies and information;

- ecological information - any information in written, visual, acoustic, electronic or any other material form on state of environment and its components, and also interaction between these components, factors, such as substances, energy, noise, radiation, actions, including administrative measures, ecological agreements, the legislation, plans and programs for the environment, the expenses and the income and other economic researches and forecasts used in decision making on the environment;

- ecological safety - condition of security of the vital interests of the personality, society, the environment from the threats resulting from the anthropogenous and natural impacts on the environment including caused by disasters and catastrophic crashes including spontaneous;

- environmental risk - probability of the approach of the event having adverse effects for the environment, caused by negative impact of economic and other activity, emergency situations of natural and technogenic nature;

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