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The document ceased to be valid since August 23, 2014 according to Item 2 of article 35 of the Law of Turkmenistan of  August 16, 2014

LAW OF TURKMENISTAN

of June 15, 1995 No. 54-I

About the state environmental assessment

Section I. General provisions

Article 1. State environmental assessment

The state environmental assessment - the type of expert activities performed by specially authorized state body, expert forming and based on scientific, social-and-ecological research, the analysis and project evaluation, programs, the design estimates, ekspertiruyemy objects, and also operating plants and aimed at providing compliance to their regulations and rules of environmental protection, rational environmental management and to requirements of ecological safety of the population.

Article 2. Legislation of Turkmenistan on the state environmental assessment

The legislation of Turkmenistan on the state environmental assessment consists of this Law and other acts of the legislation of Turkmenistan.

Article 3. Obligation of implementation of the state environmental assessment in the course of investing, economic and other activities

The state environmental assessment is obligatory in the course of the investing, economic and other activities performed in the territory of Turkmenistan, connected with transformation of the environment surrounding the person.

Article 4. Purposes and tasks of the state environmental assessment

Main objectives and tasks of the state environmental assessment are:

the prevention of possible negative influence of ekspertiruyemy objects on state of environment and the components constituting it, on living conditions and health of the population;

maintenance of the dynamic and balanced natural balance, providing favorable ecological situation in case of construction and operation of objects;

ensuring achievement of the predicted options of favorable change of ecological situation in case of development and placement of productive forces;

determination of level of ecological danger of the planned and performed economic or other activity which can make directly or indirectly in the present or the future negative impact on state of environment, living conditions and health of the population;

assessment of conformity of the planned, projectible economic and other activity to requirements of the nonconsumptive legislation;

determination of sufficiency and justification of the measures for conservation provided by the construction project or reconstruction.

Article 5. Principles of the state environmental assessment

The state environmental assessment is based on the following principles:

ensuring preserving quality of the environment as integral condition of ecological wellbeing and conduct of life of citizens and ecological safety of ekspertiruyemy objects;

balances of ecological, economic and social interests;

territorial and industry and ecological feasibility of realization of ekspertiruyemy objects;

comprehensive accounting of public opinion by preparation of the conclusions of the state environmental assessment;

ensuring objectivity, complexity and scientific justification of the state environmental assessment;

legality, democracy and publicity when conducting examination;

observance of regulations and rules of international treaties on the state environmental assessment.

Article 6. Objects of the state environmental assessment

Are subject to the state environmental assessment:

drafts of programs, main directions and schemes of placement of productive forces and industries of the national economy;

the preproject and project documentation on development of economic and other activity;

drafts of the instructive-methodological and normative and technical documents regulating economic activity;

documentation on creation of the new equipment, biotechnological developments, production technologies of the materials and substances including which are purchased abroad;

ecological situation in Turkmenistan and its regions;

operating plants and other business entities.

Article 7. Requirements to objects of the state environmental assessment

On the objects which are subject to the state environmental assessment reasons for ecological safety and complex ekologo-economic evaluation of the expected (existing) impact on state of environment, living conditions and health of the population are represented.

The legal entities and physical persons representing objects on the state environmental assessment will organize and finance carrying out necessary scientific research, researches and ekologo-expert works and bear responsibility for reliability of provisional estimate of impact of object on the environment.

Section II. State regulation and management in the field of the state environmental assessment

Article 8. The bodies exercising state regulation and control in the field of the state environmental assessment

State regulation and management in the field of the state environmental assessment are performed by the Cabinet of Ministers of Turkmenistan, bodies of the local executive authority, the Ministry of environmental management and environmental protection of Turkmenistan.

Article 9. Competence of the Cabinet of Ministers of Turkmenistan in regulation of the relations on implementation of the state environmental assessment

In the field of regulation of the relations on the state environmental assessment treats maintaining the Cabinet of Ministers of Turkmenistan:

management of the state environmental assessment;

project development of legal acts, and also adoption of regulatory legal acts about the state environmental assessment;

organization of control of legality of conducting the state environmental assessment;

decision making about conducting the state environmental assessment of operating plants and other business entities;

creation of commissions of experts for implementation of the state environmental assessment of especially large and difficult objects of the state and interstate value;

decision making about suspension, the termination of activities or reshaping of objects in cases of lack of the positive conclusion of the state environmental assessment.

Article 10. Competence of bodies of the local executive authority in the state environmental assessment

In welayats, etraps and the cities in the field of the state environmental assessment treats maintaining executive bodies:

providing implementation of actions on conducting the state environmental assessment;

control of compliance with law about the state environmental assessment;

decision making about conducting the state environmental assessment of the operating objects and other business entities;

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