LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 2014 No. 86

About environmental impact assessment

The Parliament adopts this organic law.

This law is partial transposition of the Directive 2011/92/EU of the European Parliament and Council of December 13, 2011 about assessment of impact of some state and private projects on the environment (codification) published in the Official magazine of the European Union, No. L 26 of January 1, 2012.

Chapter I General provisions

Article 1. Purpose and subject of the law

(1) the Purpose of this law is creation of the legal basis of functioning of the mechanism of environmental impact assessment of some state and private projects or types of the planned activities for ensuring prevention or decrease in negative impact on the environment and health of the population at the earliest stages.

(2) the Subject of this law are the procedures and procedure used in the course of environmental impact assessment of some state and private projects or types of the planned activities which can make considerable impact on the environment of the Republic of Moldova or other states.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are used:

nature protection permission – the allowing document issued by the central body of public management in the field of the environment which establishes conditions and, if necessary, the environmental measures which are subject to observance in case of project implementation;

the planned activities – the state or private project or type of the planned activities consisting in construction of new objects, expansion, reconstruction, upgrade, reshaping, planning of new types of activity, production or use of natural resources, impact on the territory or landscape, untouched or a little changed by activities of the person, and also in other actions, implementation or resulting effect of which can significantly affect the environment;

competent authority - body issuer of allowing documents in the field of the environment;

the conclusion of environmental assessment - the administrative act issued by body issuer of allowing documents in the field of the environment for the activities and objects which are not requiring receipt of nature protection permission, stating compliance to the planned economic activity and/or the project documentation to provisions of the legislation on the environment and providing environmental measures which shall be observed in implementation process of the project;

environmental impact assessment – the procedure performed according to this law for the purpose of assessment of possible impact on the environment of the planned activities and also for development of offers on prevention and decrease in negative impact or, in case of violation of the requirements provided by this law, – for prohibition of the beginning of realization of the planned activities;

impact the environment – the direct or indirect changes of the environment caused by realization of the planned activities which influence or can influence both health of the person, and biodiversity, the soil, subsoil, water, air, climate, landscape, material values, cultural heritage, and also interrelation between the listed factors;

the initiator – physical person or legal entity, including state and administrative and territorial units which addresses for receipt of sales right of the planned activities;

the mentioned party – the party(parties) of the Convention on environmental impact assessment agreeing (иеся) in cross-border context which can (gutnut) to be mentioned by impact of the planned activities planned for the territories of the party of origin;

the party of origin – the party(parties) of the Convention on environmental impact assessment agreeing (иеся) in cross-border context under which jurisdiction it is planned to perform the planned activities;

the public – one or several physical persons or legal entities and, according to the national legal system or practice, their associations, the organization or group; the interested public – the public which interests are infringed or can be affected or which has interest in decision making process in the field of the environment.

Article 3. Impact valuation principles on the environment

(1) the Environmental impact assessment is performed based on the following principles:

a) principle of preventive actions;

b) principle of reliability and completeness of information;

c) principle of transparency and availability;

d) principle of participation;

e) principle of precaution;

f) the principle "pays pollutant".

(2) the Principle of preventive actions provides that the environmental impact assessment is carried out on early planning stage, designings and decision makings concerning the planned activities, based on the technical and scientific information which is available for the corresponding moment with indication of measures for decrease or the prevention of potential impact on the environment, taking into account need of sustainable development of the country.

(3) the Principle of reliability and completeness of information provides that the environmental impact assessment is carried out based on information on the planned activities provided by the initiator, information on current status of the environment and natural resources, and also information obtained from profile state bodies and from bodies of local public authority in whose territory the planned activities, taking into account the offers stated during public discussions will be performed.

(4) the Principle of transparency and availability provides that the public has the right timely and prior to implementation of the planned activities, according to requirements of this law and with the legislation on transparency of decision making process, to obtain information on the planned activities and to participate in the public discussions organized in the course of environmental impact assessment.

(5) the Principle of participation provides that the initiator provides to all interested participants access to documentation on environmental impact assessment and public consultations according to impact of the planned activities in the place, available to the public, and in available time.

(6) the Principle of precaution provides that the problem resolution, connected with negative impact on the environment, it is necessary to begin before receipt in full of scientific proofs about negative impact of the planned activities on the environment. In the presence of reasonable suspicions of rather negative impact of the planned activities on the environment precautionary measures shall be undertaken, and in case of considerable and irreversible impact the related activity is subject to prohibition.

(The Principle "the pollutant pays 7)" provides that the initiator of the planned activities incurs expenses on environmental impact assessment and on minimizing of negative impact of the planned activities on the environment.

Article 4. Scope of environmental impact assessment

(1) the Environmental impact assessment shall reveal, describe and estimate as appropriate in the light of each separate case direct and indirect impact of the planned activities on the following factors:

a) population, fauna and flora;

b) soil, subsoil, water, air, climate and landscape;

c) material values and cultural heritage;

d) interrelation between the factors mentioned in Items a) – c), both their remote and cumulative effects.

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