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LAW OF TURKMENISTAN

of August 16, 2014 No. 108-V

About environmental assessment

(as amended on 02-03-2019)

This Law governs the relations in the field of environmental assessment and is directed to prevention of negative impact of the planned economic and other activity on the environment and health of the population.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) environmental assessment – the provisional estimate of possible impact of the planned economic and other activity on the environment and health of the population and compliance of parameters of these activities to standard rates of quality of the environment and to ecological requirements which is carried out for the purpose of the prevention of possible negative influence of the planned economic and other activity on the environment and health of the population;

2) the environment – set natural objektovvklyuchy the earth, the soil, subsoil, waters, the woods, plant and animal life, natural ecological systems, atmospheric air, climate and ozone layer of Earth in their interaction;

3) impact on the environment – one-time, periodic or permanent process which effects are changes in the environment;

4) the applicant of environmental assessment – the legal entity or physical person submitting the project documentation of the planned economic and other activity on environmental assessment;

5) the conclusion of environmental assessment – the document containing information on results of conducting environmental assessment including conclusions about compliance or discrepancy to the planned economic and other activity to requirements of the legislation of Turkmenistan about environmental protection and determination of admissibility of realization of object of environmental assessment;

6) changes in the environment – reversible or irreversible changes in condition of natural objects and complexes as a result of impact on them;

7) environmental impact assessment – type of activity on identification, the analysis and accounting of direct, indirect and other effects of impact on the environment and health of the population of the planned economic and other activity for the purpose of adoption of the relevant decision about opportunity or impossibility of its implementation;

7-1) valuation report of impact on the environment – the component of the project documentation on the planned economic and other activity containing data on results of the carried-out environmental impact assessment and necessary actions for prevention and (or) reduction of the predicted changes of the environment;

8) the planned economic and other activity – new construction, reconstruction, expansion, modernization, upgrade, change of profile of production, its liquidation and other activities which can make impact on the environment and health of the population;

9) objects of environmental assessment – the project documentation of the planned economic and other activity which is subject to environmental assessment.

Article 2. Legislation of Turkmenistan on environmental assessment

1. The legislation of Turkmenistan on environmental assessment is based on the Constitution of Turkmenistan, the Law of Turkmenistan "About conservation" and consists of this Law and other regulatory legal acts of Turkmenistan.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 3. Principles of environmental assessment

Environmental assessment is based on the principles:

1) presumptions of potential ecological danger of any planned economic and other activity;

2) obligation of conducting the state environmental assessment before decision making about realization of object of environmental assessment;

3) need of evaluating impact on the environment of the planned economic and other activity;

4) complexity of environmental impact assessment and health of the population of the planned economic and other activity and its effects;

4-1) obligation of accounting of requirements of ecological safety when conducting environmental assessment;

5) objectivity of the conclusion of environmental assessment;

6) publicity and accounting of public opinion.

Article 4. Purposes and tasks of environmental assessment

The purposes and tasks of environmental assessment are:

1) the prevention and decrease in possible negative effects of realization of the planned economic and other activity, their adverse effect on state of environment and health of the population;

2) assessment of conformity to ecological requirements of the planned economic and other activity at the stages preceding decision making about its realization and also in the course of its realization;

3) determination of sufficiency and justification of the environmental measures and health of the population provided by the project documentation of the planned economic and other activity;

4) the organization of the comprehensive, evidence-based analysis and assessment of impact of the planned economic and other activity on the environment and health of the population;

5) preparation of the conclusion of environmental assessment on specific object of environmental assessment.

Article 5. Types of environmental assessment

In Turkmenistan the state environmental assessment, public environmental assessment, and also independent environmental expertize which is carried out in the form of environmental audit are performed.

Chapter II. Public administration in the field of the state environmental assessment

Article 6. The bodies exercising public administration in the field of the state environmental assessment

Public administration in the field of the state environmental assessment is exercised of the Cabinet of Ministers of Turkmenistan, the Ministry of Agriculture and Environment of Turkmenistan which is authorized state body in the field of the state environmental assessment (further – authorized body), local executive bodies and local government bodies.

Article 7. Competence of the Cabinet of Ministers of Turkmenistan in environmental assessment

Cabinet of Ministers of Turkmenistan:

1) provides coordination of activities of state bodies in the field of the state environmental assessment;

2) adopts regulatory legal acts in the field of environmental assessment;

3) makes decisions on the activities termination, transfer or reshaping of objects in particular case of considerable negative impact on the environment and health of the population in the presence of the corresponding reasonable appeal of authorized body based on results of the state environmental assessment;

4) resolves other issues entering its competence according to this Law and other regulatory legal acts of Turkmenistan.

Article 8. Competence of authorized body

1. Authorized body

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