of July 18, 2016 No. 399-Z
About the state environmental assessment, strategic ecological assessment and environmental impact assessment
Accepted by the House of Representatives on June 16, 2016
Approved by Council of the Republic on June 30, 2016
This Law governs the relations in the field of conducting the state environmental assessment, strategic ecological assessment and environmental impact assessment and is aimed at providing ecological safety of the planned economic and other activity, and also at prevention of harmful effects on the environment.
1. The state environmental assessment – establishment of compliance of the planned project and other decisions (further – project decisions) containing in town-planning projects, preproject (pre-investment), project and (or) other documentation (further if other is not provided, – documentation), to requirements of the legislation on environmental protection and rational use of natural resources, and the project decisions containing in town-planning projects, preproject (pre-investment) documentation – to also town-planning regulations.
2. Customers – state bodies, other legal entities of the Republic of Belarus, foreign and international legal entities (further if other is not provided, – legal entities), the individual entrepreneurs planning implementation of economic and other activity in the territory of the Republic of Belarus and (or) development of documentation which is object of the state environmental assessment and (or) subject to carrying out strategic ecological assessment.
3. The conclusion of the state environmental assessment – the document containing data on results of conducting the state environmental assessment.
3-1. Building – joint construction, reconstruction in certain territory of capital structures (buildings, constructions) of housing and welfare appointment, the objects of engineering infrastructure connected by unity of space-planning, technology solutions and priority of implementation.
4. The mentioned party – the state on which environment cross-border impact in case of implementation of project decisions can be made.
5. Changes of the environment – reversible or irreversible changes of state of environment which can result from impact on it in case of implementation of project decisions.
6. The valuation report of impact on the environment – the document containing data on the carried-out environmental impact assessment, and also on sources and types of impact of the planned economic and other activity on the environment on project solutions and actions for environmental protection and rational (steady) use of natural resources.
7. Environmental impact assessment – determination in case of development of the preproject (pre-investment), project documentation of possible impact on the environment in case of implementation of project decisions, expected changes of the environment, forecasting of its condition in the future for the purpose of establishment of opportunity or impossibility of implementation of project decisions, and also determination of necessary actions for environmental protection and rational (steady) use of natural resources.
8. The planned economic and other activity – the planned activities for construction, reconstruction, upgrade, technical upgrade, operation, conclusion from operation, to demolition of objects, other activities which are connected with use of natural resources or can make the impact on the environment including which is expressed in emissions of pollutants in atmospheric air, dumpings of sewage, the treatment of production wastes, removal, change of objects of flora, impact on objects of fauna and (or) the circle of their dwelling, removal of fertile layer of earth, use of natural resources, use of underground spaces.
9. Developers of documentation – the legal entities, individual entrepreneurs performing development of documentation and (or) carrying out strategic ecological assessment and (or) environmental impact assessment.
10. Strategic ecological assessment – determination in case of project development of the state, regional and industry strategy, programs (further – programs), town-planning projects of state of environment, possible impacts on the environment (including cross-border) and changes of the environment which can occur in case of program implementation, town-planning projects taking into account introduction of changes in them and (or) amendments.
11. Cross-border impact – impact on the environment of the mentioned party which can be caused by the planned economic and other activity.
12. The ecological report on strategic ecological assessment – the document containing data on the carried-out strategic ecological assessment, necessary actions for reduction and (or) prevention of possible impacts on the environment (including cross-border) and about changes of the environment which can occur in case of program implementation, town-planning projects taking into account introduction of changes in them and (or) amendments.
1. The relations in the field of the state environmental assessment, strategic ecological assessment and environmental impact assessment are regulated by the legislation in the field of the state environmental assessment, strategic ecological assessment and environmental impact assessment, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.
2. The legislation in the field of the state environmental assessment, strategic ecological assessment and environmental impact assessment is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.
3. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
4. By the president of the Republic of Belarus features of legal regulation of the relations in the field of the state environmental assessment, strategic ecological assessment and environmental impact assessment can be established.
The state environmental assessment, strategic ecological assessment and environmental impact assessment are carried out with respect for the following basic principles:
admissible impact on the environment of the planned economic and other activity;
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