RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 25, 2011 No. 1426

About some questions of the address with flora objects

Based on paragraphs of the sixth and seventh of Article 12, No. 205-Z "About flora" the Council of Ministers of the Republic of Belarus DECIDES: parts three of Article 37-3 and part three of article 38 of the Law of the Republic of Belarus of June 14, 2003

1. Approve:

The regulations on procedure for issue of permissions to removal of objects of flora and permissions to change of objects of flora (are applied);

The regulations on procedure for determination of conditions of implementation of compensation actions (are applied).

2. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in the resolution of Council of Ministers of the Republic of Belarus of April 14, 2004 No. 412 "About approval of regulations on procedure for carrying out as a part of the National monitoring system of the environment in the Republic of Belarus of monitoring of flora, geophysical monitoring and use of their data" (The national register of legal acts of the Republic of Belarus, 2004, No. 60, 5/14094):

2.1.1. in the paragraph the second Item 1 "structure" to replace the word with the word "framework";

2.1.2. in Regulations on the procedure for carrying out as a part of the National monitoring system of the environment in the Republic of Belarus of monitoring of flora and use of its data approved by this resolution:

2.1.2.1. in the name and Item 1 "structure" to replace the word with the word "framework";

2.1.2.2. to exclude from item 4 of the word "for the purpose of preserving biological diversity, providing steady condition and evidence-based use of objects of flora";

2.1.2.3. in Item 5:

in paragraph three the word "obligations" to replace with the word "agreements", the word of "brought" - the word "included";

after the paragraph of the fourth to add Item with paragraphs of the following content:

"populations of types of the invasive plants creating threat of life or to health of citizens, preserving biological diversity, damnification to separate industries of economy;

plantings on lands of settlements;

the plantings used in the protective purposes outside forest fund;";

the fifth to consider the paragraph the paragraph the eighth;

2.1.2.4. in Item 9:

third after the words "data about" to add the paragraph with the word of "annual";

in paragraph four the word "obligations" to replace with the word "agreements", the word of "brought" - the word "included";

after the paragraph of the fourth to add Item with paragraphs of the following content:

"the generalized data on dynamics of number and condition of populations of types of the invasive plants creating threat of life or to health of citizens, preserving biological diversity, damnification to separate industries of economy;

the generalized data on dynamics of condition of plantings on lands of settlements;

the generalized data on condition of the plantings used in the protective purposes outside forest fund;";

to consider paragraphs of the fifth and sixth respectively paragraphs the eighth and ninth;

2.2. in Regulations on procedure for establishment of restrictions or prohibitions in the address with flora objects approved by the resolution of Council of Ministers of the Republic of Belarus of December 1, 2004 No. 1525 (The national register of legal acts of the Republic of Belarus, 2004, No. 191, 5/15237):

2.2.1. state Item 2 in the following edition:

"2. Restrictions or prohibitions in the address with objects of flora can establish within the competence the Ministry of Natural Resources and Environmental Protection, the Ministry of forestry, other specially authorized republican state bodies or their territorial authorities, local executive and administrative organs (further - state bodies) in cases if it is necessary for safety of the state, environmental protection, historical and cultural values, the rights and legitimate interests of citizens and legal entities, health of the population, and also in other cases provided by the Law of the Republic of Belarus of June 14, 2003 "About flora" (The national register of legal acts of the Republic of Belarus, 2003, No. 73, 2/954), other legal acts.";

2.2.2. in Item 3 of the word "use, removal or other withdrawal of objects of flora" shall be replaced with words "withdrawal, removal or change of objects of flora and use of them";

2.2.3. to add item 4 part one after the words "arriving from citizens" with the words "and organizations";

2.3. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 29.03.2016 No. 257

3. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of October 12, 2004 No. 1275 "About approval of the Regulations on procedure for removal of the objects of flora located on lands of settlements" (The national register of legal acts of the Republic of Belarus, 2004, No. 162, 5/14984);

the resolution of Council of Ministers of the Republic of Belarus of October 30, 2009 No. 1413 "About modification and amendments in Regulations on procedure for removal of the objects of flora located on lands of settlements" (The national register of legal acts of the Republic of Belarus, 2009, No. 264, 5/30681);

subitem 2.2 of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of August 22, 2011 No. 1115 "About some questions of activities of the special tourist and recreational park "August Channel" (The national register of legal acts of the Republic of Belarus, 2011, No. 96, 5/34339).

4. No. 248 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 04.04.2024

5. To the Ministry of Natural Resources and Environmental Protection, other republican state bodies, regional executive committees and the Minsk Gorispolkom till November 27, 2011 to take measures for implementation of this resolution.

6. This resolution becomes effective since November 27, 2011, except for Item 5, of the adoption of this resolution which is becoming effective later.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of October 25, 2011 No. 1426

Regulations on procedure for issue of permissions to removal of objects of flora and permissions to change of objects of flora

1. This Provision determines procedure for issue of permissions to removal of objects of flora (further - permissions to removal) and permissions to change of objects of flora (further - permissions to change).

2. Receipt of permission to removal, permissions to change is required in the cases provided in part one of article 37-3 of the Law of the Republic of Belarus "About flora".

2-1. For the purposes of this provision terms are used in the values established in article 1 of the Law of the Republic of Belarus "About flora".

3. For consideration of question of issue of permissions to removal, permissions to change, and also other questions connected with removal, change of objects of flora, local executive and administrative organ, and in case of removal, change of objects of flora in the territory of the Chinese-Belarusian industrial park "Great Stone", except for the territories of settlements, including Minsk and lands in borders of perspective development of Minsk according to its master plan, gardening partnerships, country cooperatives (further – the park territory), public institution "Administration of the Chinese-Belarusian industrial park "Great Stone" (further – administration of the park) create the commissions on consideration of questions of removal, the changes of objects of flora acting on the permanent basis (further – the commission) which structure joins authorized representatives:

structural division of the local executive and administrative organ performing state powers of authority in the field of architectural, town-planning and construction activities in the territory of administrative and territorial unit, the relevant district, city and district inspectorate of natural resources and environmental protection, the Minsk city committee of natural resources and environmental protection (further – territorial authority of Ministry for Protection of the Environment and Natural Resources), and in case of removal, change of objects of flora in the territory of the park – administration of the park;

person authorized by local executive and administrative organ in the field of gardening (further – the authorized person);

other interested state bodies and other organizations.

The structure of the commission on consideration of questions of removal, change of objects of flora can also join representatives of the public associations performing activities in the field of environmental protection.

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