LAW OF THE REPUBLIC OF TAJIKISTAN

of April 16, 2012 No. 818

About environmental assessment

This Law determines the principles and procedure for conducting environmental assessment and is directed to prevention of harmful effects of the planned economic and other activity on the environment and the related social, economic and other effects of realization of object of environmental assessment.

CHAPTER 1. GENERAL PROVISIONS

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the customer - state body, the public and international organizations, physical persons and legal entities which are interested in conducting environmental assessment;

- environmental impact assessment - determination of possible impact on the environment of the planned economic and other activity, expected changes of the environment, and also forecasting of its condition in the future for the purpose of decision making about opportunity or impossibility of implementation of project decisions;

- materials according to impact on surrounding sredupredproyektny and project documents determining impact on the environment of the planned economic and other activity;

- environmental standard - the maximum-permissible level of impact on the environment in production process, storages, transportations, operation and utilization;

- the planned economic and other activity - the activities for construction, reconstruction of objects, their operation, other activities reflected in project or other documentation which is connected with use of natural resources and (or) can make impact on the environment;

- project or other documentation - the republican and local projects, industry concepts, forecasts, the programs and schemes, town-planning projects, architectural and construction projects, drafts of technical regulations carried by this Law to objects of environmental assessment, other, equated to them documentation carried according to regulatory legal acts of the Republic of Tajikistan to such objects;

- developer of project or other documentation - the organization or the individual entrepreneur performing development of project or other documentation;

- cross-border impact - impact on the environment of foreign state which can be caused by the economic and other activity planned for the territories of the Republic of Tajikistan;

- environmental assessment - establishment of compliance or discrepancy of project or other documentation to requirements of the legislation on environmental protection and rational use of natural resources, including technical regulations;

- the expert of the state environmental assessment - the person having special knowledge and having the sufficient experience necessary for conducting environmental assessment, involved in accordance with the established procedure by authorized state body in the field of environmental assessment in conducting the state environmental assessment and (or) the officials of state bodies responsible to perform the state environmental assessment;

- the conclusion of the state environmental assessment - the document which is constituted based on conducting the state environmental assessment and contains the conclusion about impact of the planned economic and other activity on the environment.

Article 2. The legislation of the Republic of Tajikistan in the field of environmental assessment

The legislation of the Republic of Tajikistan on environmental assessment, 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. The basic principles of state policy in the field of environmental assessment

The basic principles of state policy in the field of environmental assessment are:

- presumption of ecological danger of the planned economic and other activity;

- obligation of conducting the state environmental assessment;

- complexity of environmental impact assessment of the planned economic and other activity;

- obligation of accounting of ecological safety when conducting examination;

- reliability and completeness of information provided on environmental assessment;

- independence of experts of environmental assessment;

- scientific justification, objectivity and legality of expert opinions;

- publicity, participation of public organizations, accounting of public opinion;

- responsibility of participants of environmental assessment and concerned parties for the organization, carrying out and quality of environmental assessment.

Article 4. Purposes and tasks of environmental assessment

1. The purposes of environmental assessment are:

- the prevention of possible negative effects of realization of objects of examination, their adverse effect on health of the population, natural resources, the environment, ecological safety of society, including prevention of the harm done by them when implementing managerial, economic, investment and other sales activity of objects of examination;

- ensuring ecological forecasting on the basis of information on condition and possible changes of ecological situation owing to placement and development of the productive forces which are not resulting in negative impact on health of the population, natural resources, the environment and ecological safety of society.

2. Tasks of environmental assessment are:

- efficiency evaluation, justification and sufficiency of measures for public health care, rational use of natural resources, environmental protection in objects of examination;

- assessment of correctness of determination by the customer or developer of the project of degree of environmental risk and danger of the planned activities;

- assessment of conformity to environmental standards of the objects of examination planned to use at the stages preceding decision making about their use in the territory of the Republic of Tajikistan;

- organization of the comprehensive, objective, scientifically based analysis and assessment of objects of examination;

- the analysis and assessment of possible ecologically harmful impacts of objects of examination on health of the population, natural resources, the environment, and also possible social, economic and ecological effects;

- preparation of objective, it is scientific - valid conclusions of environmental assessment, timely transfer to their state and other bodies making decisions on realization of object of examination, informing interested persons, the public and citizens.

Article 5. Types of environmental assessment

In the Republic of Tajikistan the state environmental assessment and public environmental assessment are carried out.

Article 6. Competence of the Government of the Republic of Tajikistan and power of other state bodies in environmental assessment

1. Are carried to competence of the Government of the Republic of Tajikistan in environmental assessment:

- the organization of development and execution of state programs in the field of environmental assessment;

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