LAW OF THE REPUBLIC OF TAJIKISTAN

of July 18, 2017 No. 1448

About environmental impact assessment

Accepted by the Resolution MH MOPT of June 7, 2017, No. 806

Approved by the Resolution MM MORT of July 12, 2017, No. 426

This Law establishes legal and organizational basis of environmental impact assessment, its interrelation with the state environmental assessment, and also accounting treatment and classifications of objects of environmental impact assessment.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are applied:

- environmental impact assessment - determination of possible impact on the environment of the economic and other planned activity, expected changes of the environment, and also forecasting of its condition in the future for the purpose of decision making about opportunity or impossibility of implementation of project decisions;

- impact on the environment - the effects of the economic and other planned activity for the environment influencing health and safety of the population, objects of plant and animal life, the soil, atmospheric air, water and land resources, climate, landscape, monuments of historical and cultural heritage, other material objects or their interrelation, and also social and economic conditions;

- the economic and other planned activity - construction, reconstruction, expansion, modernization, change of profile of production, its liquidation and other type of activity which can make impact on the environment;

- negative impact on the environment - the negative change of state of environment which fully or partially is result of impact of object of economic activity on it;

- the customer of the planned economic and other activity the physical person or legal entity bearing responsibility for preparation of documentation on the economic and other planned activity including environmental impact assessment;

- authorized state body on environmental impact assessment (further - authorized state body) - executive body of the government, the actionee of the powers established by this Law, and decision making, concerning the economic and other planned activity on environmental impact assessment;

- assessment object - the economic and other planned activity on which assessment procedure of impact on the environment is performed;

- the report on results of environmental impact assessment the component of the project documentation containing information on the purposes of implementation of the planned project, on alternative options of implementation of this project, data on state of environment in the territory where the project, possible negative effects of project implementation for health and safety of the population, the environment and natural objects, and also measures for their reduction and prevention will be realized;

- the preproject documentation - the documents proving opportunity and feasibility of project implementation and assessment of its efficiency, including the feasibility statement (calculation).

Article 2. Legislation of the Republic of Tajikistan on environmental impact assessment

The legislation of the Republic of Tajikistan on environmental impact assessment is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Impact valuation principles on the environment

The environmental impact assessment is based on the following principles:

- presumptions of potential ecological danger of the economic and other planned activity;

- obligation of evaluating impact on the environment of the economic and other planned activity which can make direct or indirect negative impact on the environment;

- obligation of evaluating impact on the environment on blueprint stage;

- obligation of accounting of requirements for providing ecological safety when evaluating impact on the environment;

- reliability and completeness of information used in case of environmental impact assessment;

- scientific justification and objectivity of the conclusions about environmental impact assessments;

- open entry to results of environmental impact assessment;

- accounting of opinion of interested persons;

- responsibility of the customer of the economic and other planned activity for negative effects of project implementation.

Article 4. Coverage of this Law

1. Operation of this Law is applied to projects of the economic and other planned activity which can make direct or indirect negative impact on the environment.

2. Operation of this Law is not applied in the relation:

- the projects of activities aimed at providing homeland security and defense, and also protection of the population and the territories from emergency situations of natural or technogenic nature;

- obligations of authorized bodies on observance of restrictions, imposed by regulatory legal acts concerning trade secret and confidential information of subjects of entrepreneurship, including intellectual property;

- objects economic and other type of activity which are designed and are under construction and (or) put into operation before adoption of this Law.

Chapter 2. Competence and powers of state bodies in environmental impact assessment

Article 5. Competence of the Government of the Republic of Tajikistan in environmental impact assessment

Enters competence of the Government of the Republic of Tajikistan in environmental impact assessment:

- participation in determination of the main directions of state policy in the field of environmental impact assessment;

- acceptance of regulatory legal acts in the field of environmental impact assessment;

- establishment of evaluation procedure of impact on the environment, classification of objects of assessment by categories, depending on nature of their impact on the environment, and also the criteria determining categories of danger of objects of the planned activities to the environment;

- determination of authorized state body in the field of environmental impact assessment;

- implementation of international cooperation in the field of environmental impact assessment;

- implementation of other powers provided by regulatory legal acts of the Republic of Tajikistan.

Article 6. Powers of authorized state body in the field of environmental impact assessment

In the field of environmental impact assessment treat powers of authorized state body:

- implementation of state policy in the field of environmental impact assessment;

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