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WATER CODE OF THE REPUBLIC OF BELARUS

of April 30, 2014 No. 149-Z

(as amended on 18-06-2019)

It is accepted by the House of Representatives on April 2, 2014

Approved by Council of the Republic on April 11, 2014

This Code governs the relations arising in case of ownership, use and the order of waters and water objects and is directed to protection and rational (steady) use of water resources, and also to protection of the rights and legitimate interests of water users.

Chapter 1. General provisions

Article 1. The main terms used in this Code and their determinations

1. Water resources - surface and underground water which is used or can be used in economic and other activity.

2. Water object - concentration of waters in artificial or natural deepenings of the land surface or in subsoil, having certain borders, amount and signs of the hydrological mode or the mode of underground waters.

3. Reservoir - the superficial water object in deepening of the land surface which is characterized by the slowed-down water movement (flowing) or its total absence (landlocked).

4. Water intaking constructions - the hydraulic engineering constructions and devices intended for production (withdrawal) of waters.

5. The water protection zone - the territory adjacent to superficial water objects in which the mode of implementation of economic and other activity providing prevention of their pollution, contamination is set.

6. Water use - use of water resources and (or) impact on water objects when implementing economic and other activity.

7. Water users - legal entities, citizens, including individual entrepreneurs who use water resources and (or) make impact on water objects when implementing economic and other activity.

8. Waterway - the superficial water object which is characterized by movement of water in the direction of bias.

9. Water management system - set of water objects and hydraulic engineering constructions and devices, functionally connected among themselves.

10. Water storage basin - the artificial reservoir surface area of water more than 100 hectares created for the purpose of accumulating, storage of water and regulation of drain.

11. Recovery of water object - carrying out complex of the actions directed to achievement of standard rates of quality of water of superficial water objects and hygienic standard rates of safety of water of water objects for economic and drinking and cultural and community (recreational) use.

12. The hydrological mode - changes in time and space of condition of superficial water object, including the changes of depth, speed of current, amount and water temperature in superficial water object including caused by climatic conditions, effects of implementation of economic and other activity.

13. Hydraulic engineering constructions and devices - the engineering constructions and devices intended for production (withdrawal), transportation, processing of waters, dumping of sewage, regulation of water flows, needs of navigation, protection of waters and prevention of harmful effects of waters (water intaking constructions, channels, dikes, dams, locks, water-engineering systems, pumping points, conduits, collectors and other similar engineering constructions and devices).

14. Drainage waters - the waters collected by hydraulic engineering constructions and devices for the purpose of lowering of the level of waters, drainage of the territories (lands) and dumped to the environment.

15. Pollution of waters - receipt in waters (water objects), stay and (or) origin in them as a result of harmful effects on water objects of substances, physical factors, microorganisms, properties, location or the number of whom is led to negative changes of physical, chemical, biological and other indicators of condition of water objects, including to exceeding of standard rates in the field of protection and use of waters.

16. Contamination of waters - hit of solid waste in superficial water objects.

17. Artificial reservoir - the reservoir created by means of carrying out construction works and (or) as a result of mining.

17-1. Use of waters for economic and drinking needs - use of waters for the drinking, economic and household and hygienic purposes, and also on watering and washing of pavings (watering works), the territories of the organizations, plantings and other objects, operation of fountains.

18. The channel - the artificial waterway in earth dredging or embankment intended for transportation, dumping of waters, regulation of water flows and also for needs of navigation.

19. Career (mine, miner) water - the water which is pumped out in the course of mining for the purpose of prevention of flooding of excavation (pit, the mine and other similar constructions).

20. Control alignment - the conditional cross section of superficial water object in which make sampling and carrying out measurements in the field of environmental protection.

21. The flooded pit - the artificial reservoir created as a result of mining.

22. The isolated water use - the privilege of one legal entity to the water use performed based on the state act on the right of the isolated water use, or right to use by the ponds-kopanyami located in borders of the parcels of land provided to legal entities, citizens, including individual entrepreneurs, in accordance with the established procedure, and technological water objects, confirmed by the documents certifying the rights to the parcels of land.

23. General water use - the water use performed without use of hydraulic engineering constructions and devices.

24. The objects making impact on water objects - the objects located on superficial water objects in the territory of their water protection zones and coastal strips.

25. Protection of waters - system of the measures directed to prevention or liquidation of pollution, contamination of waters, and also to their preserving and recovery.

26. Superficial water object - natural or artificial reservoir, waterway, the permanent or temporary concentration of waters having certain borders and signs of the hydrological mode.

27. Underground water object - the concentration of waters in subsoil having certain borders, amount and signs of the mode of underground waters and consisting of one or several water-bearing horizons.

28. Water losses - the amount of water which is lost in case of its transportation, storage, redistribution and chilling therefore it does not reach the water user or is abnormal spent.

29. Coastal strip - the part of the water protection zone which is directly adjoining superficial water object on which more strict requirements to implementation of economic and other activity, than in other territory of the water protection zone are established.

30. Pond - the artificial reservoir surface area of water no more than 100 hectares created for the purpose of accumulating and storage of water.

31. Prud-kopan - artificial reservoir surface area of water to 0,01 of hectare and no more than 2 meters in depth in specially created deepening of the land surface, intended for accumulating and storage of water.

32. Rational (steady) use of water resources - water use in case of which the complex of the events providing preserving water resources, decrease in losses of water, prevention of pollution, contamination of waters is held.

33. The mode of underground waters - changes in time and space of levels (pressures), temperatures, chemical, gas and microbiological composition and other characteristics of underground waters.

34. The river - the natural waterway with permanent current having accurately expressed bed 5 kilometers long and more.

35. The river basin - part of the land surface, including soils, and also the water-bearing horizons from where there is drain of waters to the certain river.

36. Spring - natural exit of underground waters to the land surface.

37. Stream - natural waterway up to 5 kilometers long.

38. Special water use - water use, including production (withdrawal) of waters from water objects and (or) dumping of sewage into the environment performed using hydraulic engineering constructions and devices.

39. Sewage - the waters dumped from residential, public and factory buildings and constructions after their use in economic and other activity and also the waters which are formed in case of loss of atmospheric precipitation, snow thawing, watering and washing of pavings (watering works) in the territory of settlements, objects of the industry, building sites and other objects and dumped to the environment including through system of the sewerage.

40. Technological water objects – the artificial water objects which are specially created for chilling, evaporation, averaging, upholding of sewage, lowering of the level of waters (the reservoirs cooling agents, ponds evaporators, ponds averagers bringing channels of pumping points and other similar objects) and also for fire-proof needs (fire reservoirs), cultivation and cultivation of fish (ponds and channels of the fish-breeding organizations).

41. The background alignment - the conditional cross section of superficial water object is higher than the place of dumping of sewage in which are considered natural content of chemicals in water and impact on quality of water of water object of all above the located sources of dumpings of pollutants.

Article 2. Legal regulation of the relations in the field of protection and use of waters

1. The legislation on protection and use of waters is based on the Constitution of the Republic of Belarus and consists of of this Code, international treaties of the Republic of Belarus, other acts of the legislation.

If the international treaty of the Republic of Belarus establishes other regulations, than those which are provided by this Code then are applied regulations of the international treaty.

2. The relations connected with protection and use of waters, arising in the field of drinking water supply, sanitary and epidemiologic wellbeing of the population, not settled by the legislation on protection and use of waters are regulated by the legislation in the field of drinking water supply, sanitary and epidemiologic wellbeing.

3. The relations connected with protection and use of underground waters, not settled by the legislation on subsoil are regulated by the legislation on protection and use of waters.

4. The relations connected with protection and use of waters in especially protected natural territories are regulated by the legislation on protection and use of waters if other is not established by the legislation on especially protected natural territories.

5. The relations connected with protection and use of waters, arising in case of the address with waste are regulated by the legislation on the address with waste if other is not established by the legislation on protection and use of waters.

6. The relations connected with protection and use of fauna, arising when using surface water including for maintaining fishing and hunting economy, fishery and hunting, are regulated by the legislation on protection and use of fauna.

7. The relations connected with fish breeding, arising when using surface water are regulated by this Code and acts of the legislation on agricultural industry and procurement of agricultural products.

8. The relations connected with use of surface water for needs of inland water transport are regulated by the legislation in the field of inland water transport if other is not established by the legislation on protection and use of waters.

9. The relations connected with protection and use of waters in the territories which underwent to radioactive pollution as a result of catastrophic crash on the Chernobyl NPP are regulated by the legislation on protection and use of waters if other is not established by the legislation in the field of legal regime of the territories which underwent to radioactive pollution as a result of catastrophic crash on the Chernobyl NPP.

10. The relations connected with protection and use of waters in case of emergency situations of natural and technogenic nature (further - emergency situations) and liquidations of their effects, are regulated by the legislation in the field of protection of the population and the territories against emergency situations of natural and technogenic nature.

11. The relations in the field of protection and use of waters arising when holding meliorative actions, which are not settled by the legislation in the field of land reclamation are regulated by the legislation on protection and use of waters.

12. The relations connected with water objects as subjects to concession, not settled by the legislation on protection and use of waters are regulated by the legislation on investing activities, including the legislation on concessions.

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