of March 2, 2017 No. 11
About strategic ecological assessment
The Parliament adopts this organic law.
(1) the Purpose of this law is establishment of the legal basis of carrying out strategic ecological assessment, including the procedure in cross-border context if necessary for ensuring high level of environmental protection, prevention or decrease adverse ecological, including connected with health of the population, effects of some plans and programs.
(2) the Object of strategic ecological assessment are the documents developed at the national and local levels the politician and planning which can have substantial effects for the environment and health of the population in the Republic of Moldova or outside its borders.
For the purpose of this law the following basic concepts are used:
competent authority - body of public management which the politician and planning it carries out the powers provided by this law and depending on the hierarchical level of the document:
a) The ministry of the environment - for documents the politician and planning of the national level, including the industry and cross-industry documents approved by the Government or Parliament;
b) The agency of the environment - for the documents the politician and planning of local level approved by body of local public authority;
the interested bodies of the public power - the central and local authorities of the public power which owing to the obligations or owing to the competences at the local level are interested or can be interested in probable effects for the environment, including for health of the population as a result of implementation of the document the politician and planning. The concept of all cases includes bodies of local public authority in whose territory the document the politician and planning is implemented;
the decision by provisional estimate - the decision passed by competent authority at stage of provisional estimate of the document the politician and planning according to Article 5;
the ecological conclusion – the technical legal document issued by competent authority confirmatory that the report on strategic ecological assessment conforms to requirements of this law, and aspects of environmental protection are integrated into the plan or the program provided for approval and have no adverse effects for the environment, including for health of the population;
the ecological, including connected with health populations, effects – any effects for the environment, including for health of the population, flora, fauna, biodiversity, the soil, climate, air, water, landscape, natural objects, material property, cultural heritage, and interaction of these factors;
biodiversity assessment - assessment of impact of implementation of the document the politician and planning on objects of Emerald network according to the Law on ecological network No. 94/2007;
strategic ecological assessment - assessment of probable effects for the environment, including for health of the population, as a result of implementation of documents the politician and planning which includes determination of scope of the report on strategic ecological assessment and its development, carrying out consultations with the interested bodies of the public power and with the interested public, and also carrying out in need of cross-border consultations and acceptance in attention of conclusions according to the report on strategic ecological assessment and results of participation and public consultations within the document the politician and planning;
the initiator – body of the central or local public authority which initiates the plan or the program and is responsible for his / her development;
the mentioned party – the party or the parties of the Protocol by strategic ecological assessment which/which can/can be mentioned/are mentioned cross-border ecological, including connected with health of the population, effects of implementation of the plan or program;
the party of origin – the party or the parties of the Protocol by strategic ecological assessment under which/which jurisdiction it is planned to realize the plan or the program;
documents the politician and planning - documents public the politician and planning documents, which:
a) shall be developed according to provisions of normative or administrative acts;
b) shall be developed by body of the public power and are approved by the Government or within the legislative procedure - Parliament;
c) shall be developed and approved by body of local public authority;
The protocol by strategic ecological assessment – the Protocol by strategic ecological assessment to the Convention on environmental impact assessment in cross-border context accepted in Kiev (Ukraine) on May 21, 2003;
the public - as it is determined in the Law on environmental impact assessment No. 86/2014;
the interested public - the public which is affected or can be affected or which is interested in probable effects for the environment, including for health of the population, caused by implementation of the document the politician and planning, and also the non-governmental organizations promoting environmental protection;
the report on strategic ecological assessment - the document in which probable substantial effects for the environment, including for health of the population, as a result of implementation of the document the politician and planning, and also reasonable alternatives taking into account the purpose and the geographical zone covered by the document the politician and planning are revealed, described and estimated.
(1) Strategic ecological assessment is carried out for documents the politician and planning which can have substantial effects for the environment, including for health of the population. The following documents the politician and planning are always considered as the having substantial effects for the environment, including for health of the population and therefore are subject to obligatory strategic ecological assessment:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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