LAW OF THE REPUBLIC OF TAJIKISTAN

of December 26, 2011 No. 785

About environmental audit

This Law determines the principles and procedure for carrying out environmental audit in the Republic of Tajikistan for the purpose of prevention of harmful effects of management, economic and other activity on the environment, life and health of the population of the Republic of Tajikistan.

Article 1. Basic concepts

In this Law the following basic concepts are used:

- sustainable development - the development of society providing the balanced decision is social - economic tasks and problems of preserving the favorable environment and prirodno - resource potential for the purpose of requirements satisfaction present and future generations of people;

- 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 audit - the type of activity consisting in the analysis of compliance of activities and the reporting of business entity to the current legislation it is normative - to the methodical, instructive and regulating documents in the field of environmental protection and natural resources;

- the ecological auditor - the physical person which underwent certification and who received the certificate of competency of authorized state body in the field of environmental protection of the Republic of Tajikistan (further - authorized state body in the sphere of environmental audit);

- environmental auditing organization - the legal entity having the license for the right of carrying out environmental audit;

- the conclusion of environmental audit - the document containing results of check of activities of business entity and other information in accordance with the terms of the contract signed between business entity and environmental auditing organization, the auditor performing business activity without formation of legal entity;

- the license for the right of carrying out ecological the auditaspetsialny document certifying the right of its owner to be engaged in environmental audit in the territory of the Republic of Tajikistan.

Article 2. Legislation of the Republic of Tajikistan on environmental audit

The legislation of the Republic of Tajikistan on environmental audit is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by Tajikistan.

Article 3. Purpose and tasks of environmental audit

1. The purpose of environmental audit consists from:

- assistance to business entities in determination direction of the environmental policy;

- forming of priorities on implementation of actions, including precautionary, the established ecological requirements directed to observance;

- creations of the mechanism of realization of effective regulation of environmental management and ensuring sustainable development;

- assessment of impact of activities of business entity on the environment, system effectiveness of management and realization of nature protection actions.

2. Tasks of environmental audit are:

- reasons for ecological strategy and policy of business entity;

- determination of priorities when planning nature protection activities of business entity, identification of additional opportunities of its implementation;

- check of observance by business entity of the legislation on environmental protection;

- increase in efficiency of regulation of impact of business entity on the environment;

- decrease in risk of emergence of the emergency situations connected with environmental pollution.

Article 4. Principles of environmental audit

Environmental audit is based on the principles:

- obligation of accounting of requirements of ecological safety and sustainable development;

- accounting of natural it is also social - economic features of the territory, current and future state of the surrounding environment;

- professional competence;

- independence of ecological auditor activities;

- reliability and completeness of information;

- scientific justification, objectivity and legality of audit opinion;

- confidentiality of information.

Article 5. Types of environmental audit

1. In the territory of the Republic of Tajikistan initiative and obligatory types of environmental audit can be performed.

2. Initiative environmental audit is booked by environmental auditing organization, the auditor performing business activity without formation of legal entity according to the decision of business entity.

3. Statutory environmental audit is booked by environmental auditing organization according to the decision of public authorities.

4. The procedure for purpose of statutory environmental audit is determined by the Government of the Republic of Tajikistan.

Article 6. Objects of environmental audit

Objects of environmental audit are:

- activities and reporting of business entity;

- technical and technological documentation;

- departmental regulating documents;

- reports on nature protection activities of business entity;

- the program and the actions plan of business entity for protection surrounding circles;

- drafts of plans (programs) of construction, reconstruction, expansion, preservation and liquidation of objects of business entity;

- projects of land development.

Article 7. Authorized body of state regulation of environmental audit

The authorized body of state regulation of environmental audit (further - authorized state body in the sphere of environmental audit) is determined by the Government of the Republic of Tajikistan which performs the following functions:

- development and the edition, regulatory legal acts on environmental audit;

- establishes standards of environmental audit;

- performs maintaining the republican Register of ecological auditors and environmental auditing organizations;

- establishes qualification requirements to ecological auditors;

- grants licenses for implementation of ecological auditor activities;

- carries out certification of ecological auditors;

- performs international cooperation in the field of environmental audit;

- performs other functions established by the legislation of the Republic of Tajikistan.

Article 8. Licensing of ecological auditor activities

Licensing of activities for environmental audit is performed according to the Law of the Republic of Tajikistan "About authorization system".

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