RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of November 28, 2016 No. 975

About approval of the Regulations on procedure for issue of permissions to withdrawal of wild-growing plants and (or) their parts from the circle of their growth

Based on part two of article 48 of the Law of the Republic of Belarus of June 14, 2003 "About flora" the Council of Ministers of the Republic of Belarus DECIDES: No. 205-Z

1. Approve Regulations on procedure for issue of permissions to withdrawal of wild-growing plants and (or) their parts from the circle of their growth it (is applied).

2. No. 175 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022

3. To the Ministry of Natural Resources and Environmental Protection to take measures for implementation of this resolution.

4. This resolution becomes effective since December 31, 2016, except for Item 3, of the official publication of this resolution which is becoming effective later.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of November 28, 2016 No. 975

Regulations on procedure for issue of permissions to withdrawal of wild-growing plants and (or) their parts from the circle of their growth

1. This Provision determines procedure for issue of permissions to withdrawal of wild-growing plants and (or) their parts from the circle for their growth (further – permissions) to legal entities for use of flora objects in the research and educational-experimental purposes.

Action of this provision does not extend to the relations connected with withdrawal of the wild-growing plants and (or) their parts relating to the types included in the Red List of the Republic of Belarus from the circle their growths.

2. The relations connected with withdrawal of wild-growing plants and (or) their parts from the circle of their growth by legal entities for use of flora objects in the research and educational-experimental purposes on lands of forest fund are regulated by the legislation on use, protection, protection and reproduction of the woods.

3. For receipt of permission the legal entity planning withdrawal of wild-growing plants and (or) their parts from the circle of their growth (further, unless otherwise specified, – the applicant), represents depending on the place of withdrawal of wild-growing plants and (or) their parts from the circle their growths to regional, Minsk city committee of natural resources and environmental protection (further – committee) the statement for issue of permission (further – the statement) in form according to appendix 1 and reasons for need of withdrawal of wild-growing plants and (or) their parts from the circle for their growth.

4. Before decision making about issue of permission or about refusal in its issue the committee approves withdrawal of wild-growing plants and (or) their parts from the circle of their growth:

with users of the parcels of land and (or) water objects in which borders it is planned to withdraw wild-growing plants and (or) their parts from the circle of their growth, except as specified, when applicants are the specified users of the parcels of land and (or) water objects;

with the public nature protection institutions exercising control of especially protected natural territories, or state bodies, to the control which especially protected natural territories are transferred - if withdrawal of wild-growing plants and (or) their parts from the circle of their growth is planned in especially protected natural territories, except as specified, when applicants are the specified public nature protection institutions or state bodies;

with the Ministry of Emergency Situations - if withdrawal of wild-growing plants and (or) their parts from the circle of their growth is planned in the territories which underwent to radioactive pollution as a result of catastrophic crash on the Chernobyl nuclear power plant (in evacuation area (alienation), zone of first-priority settling out, zone of the subsequent settling out from which the population is settled out and on which the check mode is set), except as specified when applicant is the specified state body;

with National academy of Sciences of Belarus, except as specified, when applicants are the state scientific and production association "Scientific and Practical Center of National Academy of Sciences of Belarus for Bioresources" or the legal entities who are its part.

5. For review withdrawals of wild-growing plants and (or) their parts from the circle of their growth with persons specified in item 4 of this provision, the committee within two working days from the date of registration of a statement sends them the documents submitted by the applicant.

Persons specified in item 4 of this provision consider the submitted documents and within five working days from the date of their obtaining in writing inform committee on approval of withdrawal of wild-growing plants and (or) their parts from the circle of their growth or direct motivated refusal in approval.

6. The committee considers the documents specified in Item 3 this provision, in time, established in subitem 6.28.4 of Item 6.28 of the single list of the ministerial procedures performed concerning subjects of the managing approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548, and makes the decision on issue of permission or on refusal in its issue.

The bases for issue of permission are:

statement;

compliance of withdrawal of wild-growing plants and (or) their parts from the circle of their growth to the research and educational-experimental purposes.

In case of involvement of the legal entity to responsibility for violation of acts of the legislation on protection and use of flora permission can be issued only after one year from the date of accountability.

In issue of permission refuses in the cases established in article 25 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures" and also in case of nonagreement of withdrawal of wild-growing plants and (or) their parts from the circle of their growth with persons specified in item 4 of this provision.

7. Permission is issued by committee on form according to appendix 2 and signed by the chairman of committee or its deputy.

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