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LAW OF UKRAINE

of May 23, 2017 No. 2059-VIII

About environmental impact assessment

(as amended on 15-07-2021)

This Law establishes legal and organizational basis of the environmental impact assessment directed to prevention of harm to the environment, providing ecological safety, environmental protection, rational use and reproduction of natural resources in decision making process about implementation of economic activity which can have considerable environmental impact, taking into account the state, public and private interests.

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) impact on the environment (further - influence) - any effects of the planned activities for the environment, including effects for health and safety of people and their health, flora, fauna, biodiversity, the soil, air, water, climate, landscape, the natural territories and objects, historical monuments and other material objects or for set of these factors, and also effect for the objects of cultural heritage or social and economic conditions which are result of change of these factors;

2) the public - one or more physical persons or legal entity, their consolidation, the organization or group;

3) the planned activities - the planned economic activity which includes construction, reconstruction, technical retrofitting, expansion, reshaping, liquidation (dismantle) of objects, other intervention in the environment; the planned activities do not include reconstruction, technical retrofitting, capital repairs, expansion, reshaping of objects, other interventions in the environment which do not exert considerable environmental impact according to the criteria approved by the Cabinet of Ministers of Ukraine;

4) authorized territorial authority - the regional, Kiev and Sevastopol city public administrations (the relevant division on environmental issues and natural resources), executive body of the Autonomous Republic of Crimea on environmental issues and natural resources;

5) authorized central body - the central executive body which provides forming and realizes state policy in the field of protection of the surrounding environment.

2. The term "Single State Electronic Systems in the field of Construction" in this Law is applied in the value given in the Law of Ukraine "On regulation of town-planning activities".

Article 2. Content and subjects of environmental impact assessment

1. The environmental impact assessment is the procedure providing:

1) preparation by the subject of managing of the report on environmental impact assessment according to Articles 5, 6 and 14 these Laws;

2) carrying out public discussion according to Articles 7, 8 and 14 these Laws;

3) the analysis authorized body according to article 9 of this Law of information provided in the report on environmental impact assessment, any additional information which is provided by the subject of managing, and also information obtained from the public during public discussion, during implementation of assessment procedure of cross-border impact, other information;

4) provision of the motivated conclusion by authorized body on environmental impact assessment considering analysis results stipulated in Item 3rd this part;

5) accounting of the conclusion on environmental impact assessment in the decision on implementation of the planned activities according to article 11 of this Law.

2. The environmental impact assessment is performed with observance of requirements of the legislation on protection of the surrounding environment, taking into account state of environment in the place where it is planned to perform the planned activities, environmental risks and forecasts, perspectives of social and economic development of the region, capacity and types of cumulative influence (direct and indirect) on the environment, including taking into account influence of the available objects, the planned activities and objects concerning which the decision on implementation of the planned activities is received or the question of adoption of such decisions is considered.

3. Subjects of environmental impact assessment are subjects of managing, public authorities, local government bodies which are customers of the planned activities and for the purposes of this Law are equated to subjects of managing (further - the subject of managing), authorized central body, authorized territorial authorities, other executive bodies, the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, local government bodies, the public, and in the cases determined by article 14 of this Law - the State of origin and the affected state.

Article 3. Scope of environmental impact assessment

1. Evaluating impact on the environment is obligatory in decision making process about implementation of the planned activities determined by parts two and third this Article. Such planned activities are subject to environmental impact assessment before decision making about implementation of the planned activities.

The planned activities aimed only at providing defense of the state, mitigation of consequences of emergency situations, effects of anti-terrorist operation in the territory of conducting anti-terrorist operation for its carrying out according to the criteria approved by the Cabinet of Ministers of Ukraine are not subject to environmental impact assessment.

2. The first category of types of the planned activities and objects which can have considerable environmental impact and subject to environmental impact assessment includes:

1) oil and gas processing plants (except the companies which make of crude oil only lubricants), installations on gasification or liquefaction of coal or bituminous slate;

2) thermal power plants (thermal power plant, combined heat and power plant) and other capacities for production of electricity, vapor and hot water with a thermal power of 50 megawatts and more with use of organic fuel, nuclear power plants and other nuclear reactors, including construction, conclusion (removal) from operation of such power plants or reactors (except research installations for production and conversion of nuclear fuel and raw materials for receipt of secondary nuclear fuel, materials which share and reproduced which capacity does not exceed 1 kilowatts of constant thermal load);

3) installations for production or enrichment of nuclear fuel, installation for conversion of the fulfilled nuclear fuel and highly active waste, installation for burial of radioactive waste, storages (over 10 years) or conversions of the fulfilled nuclear fuel or radioactive waste outside the place of their education;

4) ferrous and non-ferrous metallurgy (with use of ore, the dressed ore or secondary raw materials by means of metallurgical, chemical or electrolytic processes);

5) constructions on production, production and conversion of asbestos, asbestos products: asbestos-cement products - capacity over 20 thousand tons per year, frictional materials - more than 50 tons per year of finished goods, other products more than 200 tons per year;

6) chemical production, including production of the main chemicals, chemical and biological, biotechnical, pharmaceutical production with use of chemical or biological processes, production of remedies of plants, regulators of growth of plants, mineral fertilizers, polymeric and polymer-containing materials, varnishes, paints, elastomers, peroxides and other chemicals; production and storage of nanomaterials capacity more than 10 tons per year;

7) construction:

the airports and airfields with the main landing strip 2100 meters long and more;

highways;

the highways public of the state and local value having four or more lanes, or reconstruction and/or expansion of the existing lanes to four and more, on condition of their continuous extent of 10 kilometers and more;

highways of the first category;

main rail lines public;

hydraulic engineering constructions of sea and river ports which can accept vessels with the displacement more than 1350 tons;

the deep-water ship courses, including in natural beds of the rivers, special channels on the land and in the shallow-water sea water areas suitable for passing of courts with the displacement more than 1350 tons;

8) the address with waste:

transactions in the field of the treatment of dangerous wastes (storage, processing, conversion, utilization, removal, neutralization and burial);

transactions in the field of the address with household and other waste (processing, conversion, utilization, removal, neutralization and burial) in amount of 100 tons per day or more;

9) intake of underground waters or artificial replenishment of underground waters with annual intake of water or annual amount of water which is replenished, 10 million cubic meters or more;

10) interbasin redistribution of drain of the rivers, except transportation of drinking water through pipelines;

11) the dikes, water storage basins and other objects intended for content and permanent storage of water when new or additional amounts of the detained water exceed 10 million cubic meters;

12) oil extraction and natural gas on the continental shelf;

13) pipelines for gas transportation, oils, chemicals with a diameter more than 800 millimeters and more than 40 kilometers long;

14) production and conversion of cellulose, production of paper and cardboard from any raw materials the production performance exceeding 200 tons per day in a dry form;

15) career and mining by open method, their conversion or enrichment on site on the area more than 25 hectares, or production of peat on the area more than 150 hectares;

16) capacities for oil storage, petrochemical or chemical products with a capacity of 200 thousand tons or more;

17) installations for catching of carbon dioxide from the sources specified in this part or with annual capacity of 1,5 of megaton and more, geological storages of carbon dioxide;

18) sewage treatment units the performance exceeding population equivalent in the amount of 150 thousand people;

19) capacities for intensive cultivation of bird (60 thousand places and more), including broilers (85 thousand places more), pigs (3 thousand places for pigs over 30 kilograms or 900 places for sows);

20) construction of air-lines of electricity transmission of 220 kilovolts or more and more than 15 kilometers long;

21) all continuous and gradual cabins of the main use and continuous sanitary cabins on the area more than 1 hectare; continuous sanitary cabins in the territories and objects of natural and reserved fund;

22) expansion and change, including review or updating of the conditions of implementation of the planned activities established (approved) by the decision on implementation of the planned activities or prolongation of terms of its implementation, reconstruction, technical retrofitting, capital repairs, reshaping of activities and the objects specified in Items 1 - 21 these part except those which do not exert considerable environmental impact according to the criteria approved by the Cabinet of Ministers of Ukraine.

3. The second category of types of the planned activities and objects which can have considerable environmental impact and subject to environmental impact assessment includes:

1) deep drilling, including geothermal drilling, drilling for the purpose of storage of radioactive waste of drilling for the purpose of water supply (except drilling for the purpose of studying of stability of soils);

2) agricultural industry, forestry and water economy:

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