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LAW OF THE REPUBLIC OF BELARUS

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

(In edition of the Law of the Republic of Belarus of 15.07.2019 No. 218-Z)

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.

Chapter 1. General provisions

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

1. The state environmental assessment - establishment of compliance of the planned project and other decisions (further - project decisions) containing in 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 preproject (pre-investment) documentation, town-planning projects - also to regulations of town-planning development and use of the territories.

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 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 decision making about opportunity or impossibility of implementation of project decisions, and also determination of necessary actions for environmental protection and rational use of natural resources.

8. The planned economic and other activity - the planned activities for construction, reconstruction of objects, their operation, other activities which is connected with use of natural resources and (or) can make impact on the environment.

9. The project organizations - the legal entities 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 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.

Article 2. The legislation in the field of the state environmental assessment, strategic ecological assessment and environmental impact assessment

1. 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, other laws, acts of the President of the Republic of Belarus and acts of the legislation adopted according to them.

2. 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.

Article 3. Basic principles of the state environmental assessment, strategic ecological assessment and environmental impact assessment

The state environmental assessment, strategic ecological assessment and environmental impact assessment are carried out with respect for the following basic principles:

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