ON ENVIRONMENTAL PROTECTION · 1 LAW OF THE REPUBLIC OF BELARUS No. 1982-XII of November 26, 1992 ON ENVIRONMENTAL PROTECTION (as worded in the Laws of the Republic of Belarus of

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LAW OF THE REPUBLIC OF BELARUS No. 1982-XII of November 26, 1992

ON

ENVIRONMENTAL PROTECTION (as worded in the Laws of the Republic of Belarus of 17.07.2002 N 126-З,

of 29.10.2004 N 319-З, of 19.07.2005 N 42-З, of 31.12.2005 N 80-З, of 29.06.2006 N 137-З,

of 20.07.2006 N 162-З, of 07.05.2007 N 212-З, of 13.06.2007 N 238-З, of 21.12.2007 N 298-З, of 08.07.2008 N 367-З, of 10.11.2008 N 444-З, of 02.07.2009 N 32-З, of 31.12.2009 N 114-З,

of 06.05.2010 N 127-З, of 31.12.2010 N 228-З, of 17.05.2011 N 260-З, of 22.12.2011 N 326-З, of 22.01.2013 N 18-З, of 16.06.2014 N 161-З,

with amendments introduced by the Laws of the Republic of Belarus of 30.12.2011 N 331-З, of 26.10.2012 N 432-З, of 31.12.2013 N 95-З, of 30.12.2014 N 225-З,

of 30.12.2015 N 341-З)

Environmental protection is a prerequisite to the ecological safety, sustainable economic and social development of the state.

The present Law establishes legal basis for environmental protection, nature management, protection and restoration of biological diversity, natural resources and objects and directed at provision of constitutional rights of citizens to favorable for human life and health environment.

CHAPTER 1

GENERAL PROVISIONS Article 1

Main Terms Used in this Law and their Definitions In present Law the following main terms shall be used: anthropogenic object - the object, which was created by a human for their

social needs satisfaction and which does not have properties of natural objects. biosphere reserve – a part of the territory of the Republic of Belarus, which

includes some protected natural areas (parts thereof), and/or natural areas which are subject to special protection (parts thereof), as well as other areas in which rational (sustainable) resource management is stimulated through the implementation of economic mechanism elements of the environmental

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protection and nature management in the implementation of environmental protection measures, certain types of business and other activities;

(the paragraph was introduced by the Law of the Republic of Belarus of 06.05.2010 N 127-З)

biotope – is a natural object (a plot of a territory or water area) with homogeneous ecological conditions, which is a habitat for a community of various species of wild animals and a wild plant habitat;


favorable environment – environment, the quality of which ensures the ecological safety, stable functioning of natural ecological systems, other natural and anthropogenic objects;

harm inflicted upon the environment – having monetary value negative changes in the environment or separate components of the environment, natural or natural and anthropogenic objects as expressed in their pollution, degradation, exhaustion, damage, destruction, unlawful taking and/or other deterioration of their condition incurred from the adverse environmental effect related to the violation of requirements in the field of environmental protection and other infringements of the Republic of Belarus legislation.


adverse environmental effect – any direct or indirect effect on the environment as the result of economic and other activities, the results of which cause negative environmental changes;

state cadastre of natural resources – the systematized summary of qualitative and quantitative descriptions of natural resources, their economic evaluation and management;

natural ecological system – objectively existing part of nature which has spatial territorial borders and in which living (flora and fauna resources) and nonliving components interact as an integral whole and are connected with each other by the substance and energy circulation;

environmental pollution – entry into components of the natural environment, being and/or emergence in them as the result of adverse environmental effect of a substance, physical factors (energy, noise, radiation and others), microorganisms, properties, location or quantity of which cause harmful changes in physical, chemical, biological and other characteristics of the environmental condition, including the excess of standards in the field of environmental protection and other infringements of the Republic of Belarus legislation ;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) pollutant – a substance or mixture of substances, the entry of which into the

environment causes its pollution;

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environmental quality– environmental condition which is characterized by physical, chemical, biological and/or other indicators or their totality;

environmental components – ground (including soil), subsurface resources, waters, atmospheric air, flora and fauna and ozone layer, near-Earth space environment, collectively providing favorable conditions for existence of life on Earth;

(as worded in the Law of the Republic of Belarus of 02.07.2009 N 32-З) control in the field of environmental protection, rational use of natural resources (ecological control) – system of measures which are directed at prevention, detection and restraint of violations to the Republic of Belarus legislation on environmental protection, ensuring the compliance of legal persons and citizens, engaged in economic and other activities with environmental protection requirements;

(as worded in the Laws of the Republic of Belarus of 02.07.2009 N 32-З, of 22.01.2013 N 18-З)

Red Book of the Republic of Belarus – a list of rare and endangered species in the territory of the Republic of Belarus, including subspecies and varieties (hereinafter – species) of wild animals and plants;


environmental monitoring – a system of environmental status monitoring, assessment and prediction of changes in environmental conditions caused by natural and anthropogenic factors;

best available techniques – technological processes, methods, production and energy generation management, performance of activities or rendering services, design, construction, facilities and equipment operation ensuring the reduction and/or prevention of pollutants entry into the environment, waste generation, as compared to the applicable and most effective environmental quality standards, standards of permissible impact on the environment subject to economic viability and technical feasibility of their use;


National Environmental Network – a system of functionally related protected natural areas and natural areas subject to special protection aimed at natural ecosystems conservation, biological and landscape diversity, as well as ensuring the continuity of the wildlife resources habitat;


standards of permissible anthropogenic burden on the environment – standards, established in conformity with the quantity of permissible joint impact of all sources on the environment and/or individual environmental components in the borders of specific areas, the compliance with which ensures


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the sustainable functioning of natural ecological systems and biological diversity conservation;

standards of permissible emissions and exhausts of chemical and other substances – standards, established for legal persons and individuals engaged in economic and other activities in conformity with mass indicators of chemical substances, as well as radioactive and other substances and microorganisms permissible for the emission into the environment from stationary and mobile sources, in accordance with established procedures and having regard to technological standards and the compliance with which ensures that environmental quality standards are observed;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) standards of permissible physical effect – standards, established in

conformity with permissible effect levels of physical factors on the environment, the compliance with which ensures that environmental quality standards are observed;

standards of maximum permissible concentration of microorganisms – standards, established in conformity with indicators of the maximal permissible content of microorganisms in the environment, non-observance of which causes adverse environmental effect;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) standards of maximal permissible concentrations of chemical and other

substances – standards, established in conformity with indicators of the maximal permissible chemical and other substance content in the environment, non-observance of which causes adverse environmental effect;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) standards of maximal permissible physical effects – standards, established

in conformity with indicators of maximal permissible effect on the environment of heat, noise, vibration, ionizing radiation, electromagnetic fields voltage and other physical effects, non-observance of which causes adverse environmental effect;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) ecological information owner – state body, other state organization, other

legal person, their officials or individual entrepreneurs undertaking activities that result in compilation of ecological information;


environment – a set of natural habitat components, natural and natural anthropogenic objects, as well as anthropogenic objects;

environmental protection (environment conservation activity) – activity of a state body, public associations and other legal persons directed at conservation and rehabilitation of nature, rational (sustainable) use of natural resources and their restoration, prevention of pollution, degradation, damage, depletion,

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destruction and other adverse environmental effects of economic and other activity and management of its consequences;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) environmental impact assessment – determination, in elaborating project

documentation of possible impact on the environment in project decision implementation, estimated impact on the environment, as well as environmental forecasting for the future to decide on the possibility or impossibility of the project decision implementation;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) provision of ecological information – actions of ecological information

owners directed at its transfer to state bodies, other legal persons and citizens, including individual entrepreneurs, under obligations imposed on such information owners by the Republic of Belarus legislation or pursuant to the agreement on provision of specialized ecological information;


natural environment – a set of natural environment components, natural and natural anthropogenic objects;

natural anthropogenic object – a natural object modified by economic and other activity and/or the object, developed by a human with properties of natural objects and of recreational and protective importance;

natural resources – natural environment components, natural and natural anthropogenic objects which are used or can be used in the implementation of economic or other activity as sources of energy, production and utility objects, and which have a consumer value;

natural complex – natural objects functionally and naturally connected with each other, and joined by geographical and other corresponding characteristics;

natural landscape – a natural object which consists of interacting components of the natural environment formed in the uniform of climatic and natural conditions;


natural object – a natural ecological system, natural landscape, biotope and natural environment components which preserved their natural properties;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) nature management – economic and other activity which involves use of

natural resources and has effect on the environment; environmental harm – harmful effect on the environment, related to the

violation of requirements in the field of environmental protection and other infringements of the Republic of Belarus legislation, in particular, emission of contaminating substances into the atmospheric air, effluent discharge into water objects, if standards of permissible emissions and exhausts of chemical and other substances, established in compliance with the Republic of Belarus

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legislation are exceeded by one or more contaminating substances, or if such standards have not been established while their establishment is required in accordance with the Republic of Belarus legislation; illegal removal of wild-growing plants and/or their parts, wild animals, other natural resources;


dissemination of ecological information – actions of ecological information owners directed at its communication to state bodies, other state organizations, legal persons and citizens, including individual entrepreneurs, by its publication in printed editions, other mass media, on their official websites in the global computer Internet network, or by other publicly available means;


rational (sustainable) use of water resources – use of natural resources in such a way and at such a pace that do not lead in the long-term perspective to their depletion and hereby allow to protect their ability to satisfy economic, esthetic and other needs of the present and future generations;


specialized ecological information – ecological information which requires preliminary preparation before its submission, including collection, processing and analysis of information, as the compilation of it is not stipulated by the Republic of Belarus legislation and it is not included in the State Data Fund on the State of the Environment and Impact on it;


fixed- rate determining the amount of compensation for the environmental harm – a standard unit for pecuniary evaluation of compensation for the environmental harm;


technological standard –a standard of permissible emissions and exhausts of substances and microorganisms that is established for stationary, mobile and other sources, technological processes, equipment, and which determines the permissible mass of emissions and exhausts of substances and microorganisms into the environment as per unit of output product;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) environmental protection requirements (nature protection requirements,

ecological safety requirements) – obligatory conditions to economic and other activity, limitations or their accumulation, established by the law, other normative legal acts, including technical normative legal acts and other standards in the field of environmental protection;

(as worded in the Law of the Republic of Belarus of 20.07.2006 N 162-З)

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ecological safety – state of environmental protection, human life and public health protection from possible harmful effects of economic and other activity, natural and man-induced emergencies;

ecological information – documented information that contains data on the environmental condition, impact on it and environmental protection measures, as well as the environmental impact on a human being and the content of which is specified by the present Law, other legislative acts of the Republic of Belarus and international treaties of the Republic of Belarus;


general-purpose ecological information – ecological information intended for public use, subject to fulfilment by ecological information owners of obligations imposed on them by the Republic of Belarus legislation, and which is disseminated or provided gratuitously in accordance with the present Law;


environmentally degrading activity – construction, exploitation, dismantlement or demolition of objects and other activities that result in or may result in a situation of stable negative changing in the environment and constitute threat to life, health and property of citizens, including individual entrepreneurs, the property of legal persons and property owned by the state;


ecological audit – independent complex documentary control of compliance by legal persons and individual entrepreneurs, implementing economic and other activity with requirements, including standards and technical standard acts to environmental protection, requirements to international standards, and preparation of recommendations on lowering (prevention) harmful effect of such activity on the environment;

environmental harm – harm caused to the environment, as well as harm caused to life, health and property of citizens, including individual entrepreneurs, the property of legal persons and property owned by the state as the result of the harmful effect on the environment;


ecological risk – probability of occurrence which has adverse effect on the environment and caused by adverse effect of economic and other activity, natural and man-induced emergencies.

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Article 2 Legislation of the Republic of Belarus on Environmental Protection

Legislation of the Republic of Belarus on the environmental protection is based on the Constitution of the Republic of Belarus and comprises the present Law, acts of legislation on specially protected natural habitats, state ecological expertise, hydrometeorological activity, protection of the ozone layer, waste handling and other legislative acts of the Republic of Belarus, including norms which regulate the relations in the field of environmental protection and nature management.

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) Legal status of natural resources and other components of the natural

environment shall be regulated by the Republic of Belarus legislation on environmental protection unless otherwise provided by the Republic of Belarus legislation on protection and use of lands, protection and use of water resources; use, conservation and protection of forests, subsurface resources, protection and use of fauna and flora unless otherwise provided by other legislation of the Republic of Belarus.

(Part 2 of Article 2 as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З)

In the preparation of draft legislative acts of the Republic of Belarus, the inclusion of provisions, the implementation of which may result in the increase of harmful environmental effect, should be excluded.

Article 3

Main Objectives of the Republic of Belarus Legislation on Environmental Protection

The main objectives of the Republic of Belarus legislation on the environmental protection are as follows:

securing of favorable environment; regulation of relations in the field of the natural resources protection, their

utilization and restoration; prevention of harmful effect on the environment resulting from economic

and other activity; environmental enhancement; ensuring of rational (sustainable) use of natural resources. (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З)

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Article 4 Main Principles of Environmental Protection

Economic and other activity of legal persons and other individuals that has impact on the environment should be performed on the basis of the following principles:

observance of citizens’ right to favorable environment and compensation for the harm caused by the violation of this right;

ensuring favorable conditions for the life and health of citizens; scientifically grounded combination of ecological, economic and social

concerns of citizens, society and state to ensure favorable environment; protection, rational (sustainable) use of natural resources and their

restoration as essential prerequisite for ensuring favorable environment and ecological safety;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) preventive measures on the environmental protection and environmental

harm prevention; state regulation of the environmental protection and nature management; imposition of charges for special nature management and compensation

for the harm caused to the environment; (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) economic stimulation of the rational (sustainable) use of natural resources; (the paragraph was introduced by the Law of the Republic of Belarus of

05.2010 N 127-З) independent monitoring in the field of environmental protection and

rational use of natural resources; (as worded in the Law of the Republic of Belarus of 2013 N 18-З) the paragraph was excluded. – The Law of the Republic of Belarus of

06.05.2010 N 127-З; accounting of natural and socio-economic territorial characteristics,

including the regime of protection and use of highly protected natural areas, natural areas subject to special protection and biosphere reserves in planning and implementation of economic and other activity;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) priority of saving natural ecological systems, typical and rare natural

landscapes, biotopes and natural complexes; (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) permissibility of environmental impact resulting from economic and other

activity, taking into account requirements to environmental protection; obligatory participation in the environmental protection activity of state

bodies, public associations, other legal persons and individuals; protection of biological diversity;

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provision of integrated and individual approaches to the establishment of requirements to environmental protection for legal persons and other individuals carrying out economic and other activity;

presumption of environmental hazards, resulting from planned economic and other activity;

decreasing of adverse environmental effect of economic and other activity by applying best available technological methods and technologies which ensure the implementation of requirements in the field of environmental protection, considering economic and social factors;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) prohibition of economic and other activity which may cause degradation

of natural ecological systems, changes in or destruction of the gene pool of flora and fauna objects, exhaustion of natural resources and other negative changes in the environment;

publicity in the activity of state bodies, public associations in relation to environmental protection issues and providing citizens with complete, reliable and timely environmental information;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) non-admission of state regulation, administration and control function

reconciliation in the field of environmental protection, rational use of natural resources and nature management functions;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) responsibility for violation of the Republic of Belarus legislation on the

environmental protection; ensuring the dissemination of knowledge in the field of environmental

protection and nature management, as well as ecological culture formation; (as worded in the Law of the Republic of Belarus of 22.12.2011 N 326-З) international cooperation in the field of environmental protection.

Article 5

Relation Objects in Environmental Protection (as worded in the Laws of the Republic of Belarus of 02.07.2009 N 32-З,

от 06.05.2010 N 127-З, от 22.01.2013 N 18-З) Relation objects in the field of environmental protection are the Earth,

including soils, subsurface resources, waters, atmospheric air, ozone layer, near-Earth space environment, forests, flora and fauna, specially protected natural areas and natural areas subject to special protection, National Ecological Network, biosphere reserves, typical and rare natural landscapes and biotopes, climate, natural ecological systems, other natural objects, as well as right to nature management.


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Article 6 Parties to a Relationship in Environmental Protection

Parties to a relationship in the field of environmental protection shall be as follows:

the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, specially authorized Republican bodies of State administration in the field of environmental protection, local Councils of Deputies, executive and administrative bodies, as well as other state bodies, bodies of territorial public self-government within the scope of their jurisdiction;

public associations, other legal persons of the Republic of Belarus, as well as citizens of the Republic of Belarus, including individual entrepreneurs (hereinafter, unless otherwise provided – citizens).

(as worded in the Laws of the Republic of Belarus of 21.12.2007 N 298-З, от 06.05.2010 N 127-З)

The rules, established by this Law apply to the relations involving foreign citizens, stateless persons, foreign and international legal persons (organizations that are not legal persons), foreign states unless otherwise provided by the Constitution of the Republic of Belarus and international agreements of the Republic of Belarus.

Article 7 Main Directions of State Policy of the Republic of Belarus in

Environmental Protection The main directions of state policy of the Republic of Belarus in field of

environmental protection shall be as follows: provision of citizens’ rights to favorable environment and compensation for

the harm caused by violation of these rights; improvement of state administration in the field of environmental

protection; scientific support to environmental protection; establishment of legal and economic mechanisms stimulating rational

(sustainable) use of natural resources; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) rational (sustainable) use of natural resources; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) improvement of environmental protection system and nature management; formation and maintenance of system operation of specially protected

natural areas, as well as natural areas subject to special protection, national ecological network and biosphere reserves;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) ensuring the conservation of biological and landscape diversity;

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provision of continued operation of the National Environmental Monitoring System in the Republic of Belarus;

execution of state ecological expert examination; provision and dissemination of ecological information; (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) ensuring the dissemination of knowledge in the field of environmental

protection and nature management, as well as ecological culture formation; (as worded in the Law of the Republic of Belarus of 22.12.2011 N 326-З) rendering assistance to public associations undertaking activities in the

field of environmental protection; engaging citizens of public associations in environmental protection; (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) international cooperation in field of environmental protection.

CHAPTER 2 STATE ADMINISTRATION IN ENVIRONMENTAL PROTECTION

Article 8 Bodies Exercising State Control in Environmental Protection

State administration in the field of environmental protection shall be exercised by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, other specially authorized Republican bodies of State administration and their territorial bodies, local Councils of Deputies, executive and administrative bodies within the scope of their competence.

Specially authorized Republican bodies of State administration shall be the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, the Ministry of Health of the Republic of Belarus, the Ministry of Emergency Situations of the Republic of Belarus, the Ministry of Forestry, the State Committee on Property and other Republican bodies of State administration in accordance with the Republic of Belarus legislation.


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Article 8-1 Competence of the President of the Republic of Belarus in Environmental

Protection (introduced by the Law of the Republic of Belarus of 13.06.2007 N 238-З)

The President of the Republic of Belarus in field of environmental protection shall:

determine the unified state policy; approve state programs of rational (sustainable) use of natural resources

and environmental protection; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) establish the procedure for granting natural resources for use and take

decisions on granting them for use in accordance with legislative acts of the Republic of Belarus;

take decisions on declaring, transformation and termination of operation of natural reserves, national parks, as well as preserves of Republican importance in case of withdrawal of land plots from land users for these purposes;


approve the National Ecological Network scheme; (the paragraph was introduced by the Law of the Republic of Belarus of

06.05.2010 N 127-З) declare the zones of ecological disaster; establish the suspension period in work of industrial and other objects

located in ecological disaster zones; exercise other powers, entrusted to him/her by the Constitution of the

Republic of Belarus and legislative acts of the Republic of Belarus.

Article 9 Competence of the Council of Ministers of the Republic of Belarus in

Environmental Protection The Council of Ministers of the Republic of Belarus in environmental

protection shall: provide implementation of the unified state policy of the Republic of

Belarus; (as worded in the Law of the Republic of Belarus of 13.06.2007 N 238-З) adopt normative legal acts in the field of environmental protection; provide the drafting and execution of state programs on rational

(sustainable) use of natural resources and environmental protection; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З)

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establish the procedure for development and approval of territorial complex schemes of rational (sustainable) use of natural resources and environmental protection and their financing;


determine environmental protection, scientifically grounded use of natural resources and environmental enhancement measures;

establish procedures for use of natural resources unless otherwise provided by legislative acts of the Republic of Belarus;

(as worded in the Law of the Republic of Belarus of 13.06.2007 N 238-З) establish a list of officials of the Ministry of Natural Resources and

Environmental Protection of the Republic of Belarus and its territorial bodies exercising right of control in the field of environmental protection, rational use of natural resources;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) determine procedures for public ecologists’ activities; (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) the paragraph was excluded. – The Law of the Republic of Belarus of

31.12.2005 N 80-З; the paragraph was excluded. – The Law of the Republic of Belarus of

13.06.2007 N 238-З; submit to the President of the Republic of Belarus proposals on

establishing privileges to single categories of legal and physical bodies in accordance with the procedures, established by the Republic of Belarus legislation;


establish procedures for keeping state cadastres of natural resources, as well as record keeping in environmental protection;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) The operation of Paragraph 12, Article 9 was suspended in 2013 in terms

of financing of programs and measures on rational (sustainable) use of natural resources and environmental protection at the expense of state budget funds for the Nature Conservation (Paragraph 2, Article 28 of the Law of the Republic of Belarus of 26.10.2012 N 432-3).

From 1 January 2012 the operation of Paragraph 12, Article 9 was

suspended for 2012 (Paragraph 2, Article 29 of the Law of the Republic of Belarus of 30.12.2011 N 331-3).

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establish a list of environmental protection measures and natural resource restoration, financed at the expense of Republican and local budgets;

(the paragraph was introduced by the Law of the Republic of Belarus of 06.05.2010 N 127-З; as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

the paragraph was excluded. – The Law of the Republic of Belarus of 22.01.2013 N 18-З;

establish transmission procedures for wildlife habitat areas and wild plant habitat areas which are referred to the species, included into the Red Book of the Republic of Belarus, typical and rare natural landscapes and biotopes under the protection of the users of land plots and/or water objects, forms of passports of wildlife habitat areas and wild plant habitat areas which are referred to the species, included into the Red Book of the Republic of Belarus and the conservation obligation, as well as the order and conditions of their issuance;

(the paragraph was introduced by the Law of the Republic of Belarus of 10.11.2008 N 444-З; as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

establish the order and conditions of issuance of permits for withdrawal of wild animals and plants, which belong to the species included into the Red Book of the Republic of Belarus, from their habitat unless otherwise provided by the President of the Republic of Belarus;


determine procedures for the establishment and maintenance of the State Data Fund on the State of the Environment and Impact on It;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) establish requirements, subject to the agreement with the President of the

Republic of Belarus, to the content of the National Ecological Network scheme and selection criteria of the territories for the inclusion into the National Ecological Network;


take decisions on declaring, transformation and cease of nature-sanctuaries’ operation of Republican importance, provided that there is no need to withdraw land plots from land users for such purposes;

(as worded in the Law of the Republic of Belarus of 02.07.2009 N 32-З) declare, when it is required, particular areas of the territory of the

Republic of Belarus as ecological risk and ecological crisis zones; establish procedures for conducting the National Environmental

Monitoring System in the Republic of Belarus; determine procedures for conducting and data use on environmental

monitoring; establish procedures for conducting analytical (laboratory) monitoring;

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(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) establish procedures for financial incentives for the Ministry of Natural

Resources and Environmental Protection officials and their territorial bodies that have detected the offences in the field of environmental protection;

determine the ecological information content of general use, subject to obligatory dissemination, as well as such information owners, obliged to disseminate it and the periodicity of its dissemination;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) establish the form and procedures for drawing up an act on determination

of the fact of environmental harm; (the paragraph was introduced by the Law of the Republic of Belarus of

21.12.2007 N 298-З) establish procedures to estimate the compensation for environmental

harm; (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) the paragraph was excluded. – The Law of the Republic of Belarus of

22.12.2011 N 326-З; maintain international cooperation in the field of environmental

protection; exercise other powers, entrusted by the present Law, other laws of the

Republic of Belarus and the acts of the President of the Republic of Belarus. (as worded in the Law of the Republic of Belarus of 10.11.2008 N 444-З)

Article 10

Competence of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus in Environmental Protection The Ministry of Natural Resources and Environmental Protection of the

Republic of Belarus shall exercise the entrusted powers directly and through its territorial bodies.

The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus in the field of environmental protection shall:

implement the unified state policy of the Republic of Belarus in the field of environmental protection;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) within its competence draft and adopt (issue) normative legal acts, draft

and establish (enter into force) technical normative legal acts in the field of environmental protection;

(as worded in the Law of the Republic of Belarus of 20.07.2006 N 162-З) exercise state administration in the field of environmental protection;

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organize the development of territorial complex schemes for environmental protection and rational (sustainable) use of natural resources and provide the scientific and methodological guidance for such activity;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) establish categories of national conservation importance and attribution

criteria to them of rare and endangered species of wild animals and plants in the territory of the Republic of Belarus;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) exercise, according to established procedures, the regulation, technical

regulation and standardization in the field of environmental protection and use of natural resources;


exercise the state regulation of certification activity in the field of environmental protection (hereinafter – ecological certification);

(as worded in the Law of the Republic of Belarus of 31.12.2010 N 228-З) ensure, within the scope of its competence, the uniformity of

measurements in the field of environmental protection; (as worded in the Law of the Republic of Belarus of 08.07.2008 N 367-З)

carry out, in accordance with the Republic of Belarus legislation, the licensing of activities related to the environmental impact;


coordinate the activity of Republican bodies of State administration in the field of environmental protection and use of natural resources;

paragraphs 12-13 were excluded. – The Law of the Republic of Belarus of 06.05.2010 N 127-З;

From 1 January 2016 the operation of Paragraph 12, Part 2 of Article 10

was suspended in 2016 in terms of financing of programs and measures on rational (sustainable) use of natural resources and environmental protection at the expense of state trust budget funds for the Nature Conservation (Paragraph 3 of Article 26, the Law of the Republic of Belarus of 30.12.2015 N 341-3).


was suspended in 2015 in terms of financing of programs and measures on rational (sustainable) use of natural resources and environmental protection at the expense of state trust budget funds for the Nature Conservation (Paragraph 3 of Article 27, the Law of the Republic of Belarus of 30.12.2014 N 225-З).

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From 1 January 2014 the operation of Paragraph 12, Part 2 of Article 10 was suspended in 2014 in terms of financing of programs and measures on rational (sustainable) use of natural resources and environmental protection at the expense of state trust budget funds for the Nature Conservation (Paragraph 2 of Article 27, the Law of the Republic of Belarus of 31.12.2013 N 95-З).




was suspended for 2012 (Paragraph 2 of Article 29, the Law of the Republic of Belarus of 30.12.2011 N 331-З)

within its competence determine procedures for application of funds of

state trust budget Republican fund for the Nature Conservation; (as worded in the Laws of the Republic of Belarus of 31.12.2009 N 114-

З, of 06.05.2010 N 127-З) the paragraph was excluded. – The Law of the Republic of Belarus

22.01.2013 N 18-З; exercise control in the field of environmental protection, rational use of

natural resources in accordance with the procedures, established by the Republic of Belarus legislation on the monitoring (supervisory) activity in the Republic of Belarus and by the present Law;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) issue obligatory for implementation procedures, based on the results of

field activities; (the paragraph was introduced by the Law of the Republic of Belarus of

22.01.2013 N 18-З) paragraphs 15-16 were excluded. – The Law of the Republic of Belarus of

22.01.2013 N 18-З; submit claims to legal persons and citizens which have caused the harm to

the environment and file lawsuits to indemnify for the harm caused to the environment;


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request and gratuitously receive from Republican bodies of State administration, local executive and administrative bodies, legal persons and individual entrepreneurs information, needed to fulfill the tasks entrusted to it;

organize the registration and assessment of natural resources; maintain, together with relevant Republican bodies of State

administration, the following state cadastres of natural resources: subsurface resources, water, air, flora, fauna, wastes and other cadastres and coordinate the activity of these bodies on their management;

(as worded in the Law of the Republic of Belarus of 02.07.2009 N 32-З) organize, according to the established procedures, the operation of

National Environment Monitoring System in the Republic of Belarus; compile the state database on the environment state and impacts on it; (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) maintain the Red Book of the Republic of Belarus; (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) carry out work on wild animal and plant habitat determination that belong

to the species, included into the Red Book of the Republic of Belarus, typical and rare natural landscapes and biotopes and their accountability;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) provide the elaboration and approve management plans for wild animal

and wild plant populations, belonging to the species included into the Red Book of the Republic of Belarus, as well as the species falling within the scope of international treaties of the Republic of Belarus, action plans on preservation of such wild animal and wild plant species and other activities on the wild animal and wild plant protection, belonging to the species included into the Red Book of the Republic of Belarus, as well as the species falling within the scope of international treaties of the Republic of Belarus, management plans for typical and/or rare natural landscapes and biotopes, organize the implementation of such activities and exercise control over their implementation;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) elaborate, together with the National Academy of Sciences of Belarus,

Regional executive and Administrative bodies and other interested state bodies and organizations the draft National Ecological Network;


prepare, by agreement with the National Academy of Sciences of Belarus, as well as other interested State bodies and organizations’ proposals on the announcement and termination of the biosphere reserves’ operation;


issue permits for withdrawal of wild animals and wild plants, referred to the species included into the Red Book of the Republic of Belarus, from the environment of their habitat and growth;

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take decisions on declaring, transformation and cease to function in regard to natural monuments of Republican importance;


organize ecological certification of objects; establish procedures for the maintenance of enterprise ecological

passports; provide and disseminate ecological information, in accordance with the

present Law, other acts of the Republic of Belarus legislation, including international treaties of the Republic of Belarus;


inform the bodies of State administration, legal persons and citizens on the environment state and measures for its protection;

cooperate with public associations engaged in environmental protection activity, organize public environmental network;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) organize the dissemination of knowledge in the field of environmental

protection and nature management and ecological culture development; (as worded in the Law of the Republic of Belarus of 22.12.2011 N 326-З) maintain international cooperation in the field of environmental

protection; study, generalize and share the experience of foreign countries in the field

of environmental protection and rational (sustainable) use of natural resources; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) coordinate the implementation of international treaties of the Republic of

Belarus in the field of environmental protection; exercise other powers in accordance with the present Law and other acts

of the Republic of Belarus legislation. (as worded in the Law of the Republic of Belarus of 10.11.2008 N 444-З) The Ministry of Natural Resources and Environmental Protection of the

Republic of Belarus shall elaborate and introduce, in accordance with the procedures, established by the Republic of Belarus legislation, to the Council of Ministers of the Republic of Belarus:

draft legislative acts of the Republic of Belarus on environmental protection;

(as worded in the Law of the Republic of Belarus of 02.07.2009 N 32-З) draft state programs on rational (sustainable) use of natural resources and

environmental protection, concepts, strategies, schemes and action plans in this field;


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proposals on environmental protection issues and rational (sustainable) use of natural resources for their inclusion in forecast schemes and socioeconomic development programs;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) proposals on a list of activities in relation to the environmental protection

and natural resource restoration, financed from Republican and local budgets; (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) presentation on announcement, transformation and termination of

operation of specially protected natural areas of Republican importance; proposals on declaring particular areas of the Republic of Belarus territory

as ecological risk and ecological crisis zones;


was suspended in 2016 in terms of financing of programs and measures on rational (sustainable) use of natural resources and environmental protection at the expense of state trust budget funds for the Nature Conservation (Paragraph 3 of Article 26, the Law of the Republic of Belarus of 30.12.2015 N 341-3).







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From 1 January 2012 the operation of Paragraph 8, Part 3 of Article 10 was suspended for 2012 (Paragraph 2 of Article 29, the Law of the Republic of Belarus of 30.12.2011 N 331-З)

proposals on establishment and use of state trust budget funds for the

Nature Conservation; proposals on establishing privileges (benefits) to single legal entities and

individuals. (as worded in the Laws of the Republic of Belarus of 13.06.2007 N 238-З,

оf 31.12.2010 N 228-З)

Article 11 Competence of Local Councils of Deputies and Executive and

Administrative Bodies in Environmental Protection Local Councils of Deputies in the field of environmental protection shall: approve territorial programs and activities on sustainable use of natural

resources and environmental protection; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) in the territory under their jurisdiction, manage natural resources in cases

and in accordance with the procedures, established by the Republic of Belarus legislation on environmental protection and rational use of natural resources;


abolish decisions of local executive and administrative bodies on withdrawal and granting land plots for use, rent, life-long heritable possession, their transmission to ownership, which are not in compliance with the existing Republic of Belarus legislation on protection and use of lands;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) the paragraph was excluded. – The Law of the Republic of Belarus of


13.06.2007 N 238-З; carry out other powers, in accordance with the Republic of Belarus

legislation. Local executive and administrative bodies in the field of environmental

protection shall: elaborate and present to local Councils of Deputies territorial programs

and activities on rational (sustainable) use of natural resources and environmental protection and take measures on their execution;


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take measures on protection of rights and legal interests of citizens of the Republic of Belarus in the field of environmental protection;

exercise, in the territory within their jurisdiction, state control over use and protection of lands in accordance with the procedures, established by the Republic of Belarus legislation on the monitoring (supervisory) activity of the Republic of Belarus;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) in the territory under their jurisdiction manage natural resources in cases

and in accordance with the procedures, established by the Republic of Belarus legislation on environmental protection and rational use of natural resources;


take decisions on the reservation of areas, planned to be declared particularly protected natural areas;


take decisions on announcement, transformation and termination of operation of reserves and natural monuments of local importance;


take decisions on announcement and termination of the biosphere reserves operation;


take decisions on the transfer, in the established order, of the detected habitats of wild animals and/or wild plants belonging to the species included into the Red Book of the Republic of Belarus, typical and/or rare natural landscapes and biotopes under the protection of land plots and/or water objects’ users;


determine disposal sites; organize collection, transportation, storage and disposal of municipal waste

generated in their territory; the paragraph was excluded. – The Law of the Republic of Belarus of


22.01.2013 N 18-З; submit claims to legal persons and citizens for the harm caused to the

environment and file lawsuits to indemnify the harm caused to the environment; (the paragraph was introduced by the Law of the Republic of Belarus of

21.12.2007 N 298-З; as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

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participate in the ecological culture development; (as worded in the Law of the Republic of Belarus of 22.12.2011 N 326-З) consider proposals of legal persons, including public associations and

citizens, on environmental protection issues and rational (sustainable) use of natural resources;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) exercise other powers in accordance with the Republic of Belarus

legislation.

CHAPTER 3 RIGHTS AND DUTIES OF CITIZENS, PUBLIC ASSOCIATIONS AND

PUBLIC ECOLOGISTS IN INVIRONMENTAL PROTECTION


Article 12 Rights and Duties of Citizens in Environmental Protection

Every citizen shall have the right to favorable environment and compensation for the harm caused by the infringement of this right, as well as receive, store and distribute full, timely and accurate ecological information.

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) Citizens shall exercise the right to:

establish, in accordance with the legislation, public associations undertaking activities in the field of environmental protection, as well as public funds for nature conservation;

apply, in the order established by the Republic of Belarus legislation, to bodies of state administration, other organizations and officials to receive full, timely and accurate ecological information;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) take part in discussion of materials on the assessment of impact on the

environment; (as worded in the Laws of the Republic of Belarus of 06.05.2010 N 127-З,

of 22.01.2013 N 18-З) introduce proposals on carrying out of public ecological expert examination

and participate in its conduction in accordance with the procedures, established by the Republic of Belarus legislation;

assist state bodies in addressing environmental protection issues; the paragraph was excluded. – The Law of the Republic of Belarus of

22.01.2013 N 18-З; apply to state bodies and other organizations in writing, by electronic

means or verbally, as well as make comments and/or suggestions to individual

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25

entrepreneurs in the comment book on environmental protection issues and receive substantiated responses;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) submit claims to court for the harm caused to their lives, health, property as

the result of harmful environmental effect and the suspension (prohibition) of economic or other activities of legal persons and individual entrepreneurs that cause harmful effects on the environment.


Citizens are obliged to: comply with the Republic of Belarus legislation on environmental

protection; develop ecological culture, acculturation of oncoming generation in this

field; preserve and protect natural environment, use natural resources rationally; comply with the requirements to waste management; comply with fire safety regulations; comply with hunting and fishing regulations; comply with the requirements, established to combat indoor community

noise, street noise, yard noise, noise in the territory of gardening associations (cooperatives), recreational areas and other public places;

comply with the requirements (regulations) of state bodies and officials, exercising state control in the field of environmental protection and rational use of the natural resources;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) compensate, in accordance with the procedures, established by the

Republic of Belarus legislation, the harm to environment caused by their activities.

The legislation of the Republic of Belarus may determine other rights and duties of citizens in the field of environmental protection.

Article 13 Ensuring Citizens’ Right to Favorable Environment

The right of citizens to favorable environment shall be provided by: planning and environmental quality estimation, measures on prevention of

harmful environmental impact and its enhancement, prevention and rectification of the consequences of accidents, catastrophes and natural disasters;

compensating, according to the established procedures, of the harm caused to life, health and property of citizens as the result of harmful environmental impact;

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26

presenting full, timely and accurate ecological information in accordance with the procedures, established by the present Law and other legislative acts of the Republic of Belarus, including the treaties of the Republic of Belarus;


appealing decisions and actions (inactions) of state bodies, organizations and officials;

judicial protection, self-protection and obtaining of qualified legal assistance;

exercising control in the field of environmental protection, rational use of natural resources; (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

taking other measures, stipulated by the present Law and other legislative acts of the Republic of Belarus.

Article 14 Protection of the Right to Favorable Environment

The right to favorable environment shall belong to every citizen since birth and be subject to protection as a personal non-property right, non-property related, in accordance with the procedures, established by the Republic of Belarus legislation.

Moral harm caused to a citizen by the infringement of their right to favorable environment shall be subject to compensation, in accordance with the Republic of Belarus legislation.

Article 15

Rights and Obligations of Public Associations that Undertake Activities in Environmental Protection

Public associations undertaking activities in the field of environmental protection shall exercise the right to:

elaborate, publicize and implement programs on rational (sustainable) use of natural resources and environmental protection, protect the right and legal interests of citizens in the field of environmental protection, voluntarily engage the citizens in the implementation of activities in environmental protection;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) take part in elaboration of draft state, departmental, local and other programs

and measures on rational (sustainable) use of natural resources and environmental protection and assist in their execution;


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27

from own and attracted funds carry out activities on restoration of natural resources and ensuring of ecological safety;

put forth to state bodies and direct to officials proposals on environmental protection issues and rational (sustainable) use of natural resources;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) take part in discussion of materials on environmental impact assessment; (as worded in the Laws of the Republic of Belarus of 06.05.2010 N 127-З, of

22.01.2013 N 18-З) organize and conduct, according to established procedures, public ecological

expert examination; create, in accordance with the Republic of Belarus legislation, public funds

for nature conservation and apply the funds for nature conservation activities; assist state bodies in environmental protection issues; the paragraph was excluded. – The Law of the Republic of Belarus of

22.01.2013 N 18-З; apply, in accordance with the procedures, established by the Republic of

Belarus legislation, to bodies of State administration, other organizations and officials to receive full, timely and accurate ecological information;

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) apply to state bodies and other organizations in writing, by electronic means

or verbally on environmental protection issues and receive substantiated responses;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) submit claims to court for the harm caused to life, health, property of their

members (participants) as the result of harmful effects on environment and suspension (prohibition) of economic or other activities of legal persons and individual entrepreneurs that cause harmful effect on environment;


speak up in mass media on environmental protection issues. The legislation of the Republic of Belarus may determine other rights of

public associations, undertaking activities in the field of environmental protection.

Public associations, undertaking activities in the field of environmental protection, shall carry out work on the outreach and cultivation of environmental friendliness, raising ecological culture of citizens, inform territorial bodies of the Ministry of Natural Resources and Environmental Protection, local executive and administrative bodies on the established cases of environmental abundance, infringements of the Republic of Belarus legislation on environmental protection, as well as accidents and other emergency situations, infringements of technological processes, as the result of which environmental contamination or other harmful environmental impacts have taken place or may take place.

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Public associations in undertaking environmental protection activities shall be obliged to comply with environmental protection requirements.

Article 15-1

Public Ecologists (introduced by the Law of the Republic of Belarus of 22.01.2013 N 18-З) Public ecologists are legally capable citizens of the Republic of Belarus

willing to voluntary and gratuitously support the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies in implementation of environmental protection activities and rational use of natural resources.

Public ecologists shall be entitled to: assist the Ministry of Natural Resources and Environmental Protection of

the Republic of Belarus and its territorial bodies in implementation of environmental protection activities;

participate in the dissemination of the ecological information; assist the Ministry of Natural Resources and Environmental Protection of the

Republic of Belarus and its territorial bodies in promotion and fostering of environmental friendliness in citizens, enhancing their environmental culture.

The legislation of the Republic of Belarus may determine other rights of public ecologists.

Public ecologists shall be obliged to: know the Republic of Belarus legislation on environmental protection and

sustainable use of natural resources and follow its provisions; report violations of the Republic of Belarus legislation on environmental

protection and sustainable use of natural resources to the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus or its territorial bodies;

report on the work performed to territorial bodies of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies shall:

organize work of public ecologists; organize work on public ecologists’ education; provide public ecologists with ecological information; exercise control over public ecologists’ performance, evaluate their

performance and elaborate activities to improve its effectiveness; ensure safety of public ecologists in their implementation of environmental

protection activities. Standard operating procedures of public ecologists shall be established by

the Council of Ministers of the Republic of Belarus.

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CHAPTER 4

NATURE MANAGEMENT Article 16

Right to Nature Management Natural resources may be granted for use in accordance with the procedures,

established by the Republic of Belarus legislation. Citizens shall be guaranteed with the right to gratuitous use of natural

resources to meet their needs without securing these resources for them and obtaining appropriate permits, except for the cases, stipulated by the Republic of Belarus legislation (right of general use of natural resources).

Administration of nature management in economic activity (special nature management) shall be allowed to legal entities and individual entrepreneurs with a charge, unless otherwise provided by legislative acts of the Republic of Belarus, on the basis of decisions of state bodies competent to make such decisions and have jurisdiction over lease agreements and integrated environmental permit for cases, established by Acts of the President of the Republic of Belarus or otherwise provided by the Republic of Belarus legislation.


Article 17 Licensing in the Field of Environmental Protection

(as worded in the Law of the Republic of Belarus of 29.06.2006 N 137-З) Licensing in the field of environmental protection shall be carried out by

specially authorized Republican bodies of State administration, in accordance with the Republic of Belarus legislation on licensing.

CHAPTER 5

RATIONING, ENSURING THE UNIFORMITY OF MEASUREMENTS, TECHNICAL RATE SETTING AND STANDARDIZADION IN

ENVIRONMENTAL PROTECTION, ECOLOGICAL CERTIFICATION (as worded in the Laws of the Republic of Belarus of 20.07.2006 N 162-З,

of 08.07.2008 N 367-З)

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Article 18 Rationing in the Field of Environmental Protection

Rationing in environmental protection shall be carried out for the purposes of state regulation of economic and other activity impacts on the environment to ensure the conservation of favourable environment and environment safety.

Rationing in environmental protection includes the establishment of environmental quality standards, standards of permissible environmental impacts, nature management limits and other environmental protection standards.

Environmental quality standards, standards of permissible environmental impacts, as well as other environmental protection standards shall be elaborated, approved and introduced on the basis of modern achievements in science and technology with consideration of international rules and standards in environmental protection.

Environmental quality standards, standards of permissible environmental impacts, as well as other environmental protection standards shall be established by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, the Ministry of Health of the Republic of Belarus and other specially authorized Republican bodies of State administration within their jurisdiction.

Article 19 Main Requirements to Elaboration of Standards in the Field of

Environmental Protection Main requirements to standard elaboration in the field of environmental

protection shall be as follows: establishing grounds for their elaboration; conducting scientific and research activity on their grounding; environmental, social and economic assessment and forecasting of their

application; other requirements, established by the Republic of Belarus legislation.

Article 20

Environmental Quality Standards Environmental quality standards shall be established at the level, ensuring

ecological safety and applied with the view of environmental state assessment and permissible environmental impact rationing.

Environmental quality standards shall include as follows:

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standards of maximum permissible concentration of chemical and other substances;

standards of maximum permissible physical effects; standards of maximum permissible concentration of microorganisms; other environmental quality standards. Environmental quality standards shall be approved and brought into effect

by the Ministry of Health of the Republic of Belarus, by agreement with the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and other State bodies, in accordance with the Republic of Belarus legislation.

More stringent environmental quality standards, as compared to existing environmental quality standards for other territories, may be established for the specially protected natural areas, natural areas subject to special protection and biosphere reserves’ areas.

(Part 4, Article 20 as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З)

Article 21 Permissible Environmental Impact Standards

To prevent harmful environmental effect of economic and other activity for legal entities and individual entrepreneurs (users of natural resources) the following permissible environmental impact standards shall be established:

standards of permissible emissions and discharges of chemical and other substances;

standards of production waste generation; standards of permissible physical effects (heat amount, noise levels,

vibration, ionizing radiation, electromagnetic field strength and other physical effects);

standards of permissible natural resource extraction; standards of permissible anthropogenic environmental burden; standards of other permissible environmental impacts in carrying out of

economic and other activity, established by the Republic of Belarus legislation. Standards of permissible environmental impact shall ensure the observance

of environmental quality standards, including territorial characteristics.

Article 22 Standards of Permissible Emissions and Discharges of Chemical and Other

Substances Standards of permissible emissions and discharges of chemical and other

substances shall be established for stationary and mobile sources of

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environmental impact, based on standards of permissible anthropogenic environmental burden, environmental quality standards, as well as technological standards.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Technological standards shall be established for stationary and mobile

sources, based on best available technical methods and technologies to ensure the fulfillment of environmental protection requirements and considering economic and social factors.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) In cases of impossibility of standard observance, related to permissible

emissions and discharges of chemical and other substances, temporary standards of such emissions and discharges may be established on the basis of permits, issued by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies and remain in force only in cases of simultaneous implementation of environmental protection measures, adoption of technologies to ensure the implementation of environmental protection requirements, and/or implementation of other nature conservation measures, accounting step-by-step attainment of fixed standards of permissible emissions and discharges of chemical and other substances.

Article 23 Industrial Waste Generation Standards

Industrial waste generation standards shall be established to prevent harmful environmental effects, in accordance with the Republic of Belarus legislation on waste handling.


Article 24 Permissible Physical Effect Standards

Permissible physical effect standards (heat amount, noise levels, vibration, ionizing radiation, electromagnetic field strength and other physical effects) shall be established for every source of such effects, based on environmental quality standards and considering other physical effect sources.

Article 25 Standards of Permissible Extraction of Natural Resources

Standards of permissible extraction of natural resources are the standards, established in accordance with the limits of their extraction volume with a view

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to preserve natural and nature anthropogenic objects, ensure stable functioning of natural ecological systems and prevent their degradation.

Standards of permissible withdrawal of natural resources and the establishment procedure shall be determined by the Republic of Belarus legislation on environmental protection and rational use of natural resources.


Article 26 Standards of Permissible Anthropologic Burden on Environment

Standards of permissible anthropogenic burden on environment shall be established for legal persons and individual entrepreneurs that carry out economic and other activity for the purposes of regulation of total impact of all stationary and mobile sources of environmental impact, placed within the limits of a particular area.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Standards of permissible anthropogenic burden on environment shall be

established on every kind of economic and other activity impact on environment and total impact of all sources located in the area.

In establishing the standards of permissible anthropogenic burden on environment, natural peculiarities of a particular area shall be considered.

Article 27

Limits on Nature Management (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Limits on nature management are the established volumes of limits for

nature-users for a certain period of time on use (extraction, mining) of natural resources, emissions and discharges of contaminating substances, storage and burial of wastes and other kinds of harmful effect on the environment.

Limits on nature management shall be established in accordance with the Republic of Belarus legislation on waste handling, as well as in the field of sustainable use of natural resources.

Article 28

Other Standards in the Field of Environmental Protection For the purposes of state regulation of economic and other activity impact

on the environment, as well as the environmental quality assessment in accordance with the present Law and other normative legal acts of the Republic

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of Belarus, other standards in the field of environmental protection may be established.

Article 29 Measurements in the Field of Environmental Protection


Measurements in the field of environmental protection shall be exercised: in exerting control in the field of environmental protection, sustainable use

of natural resources, as well as analytical (laboratory) control in environmental protection;

to obtain ecological information; to assess environmental impact of objects in their placement, projecting,

construction, placing in operation and exploitation; to establish standards in the field of environmental protection and

sustainable use of natural resources; to assess the effectiveness of nature conservation measures; for other purposes, related to environmental protection and sustainable use

of natural resources. Measurements in environmental protection shall be performed by test

laboratories (centers), accredited in accordance with the procedures, established by the Republic of Belarus legislation on assessment of the conformity of objects with the requirements of technical normative legal acts in technical rationing and standardization that carryout activities, in accordance with the Republic of Belarus legislation, to ensure the uniformity of measurements.

Article 30 Technical Normative Legal Acts in Environmental Protection


Technical normative legal acts in the field of environmental protection establish the requirements (standards, rules) in the field of environmental protection to goods (works, services), technological processes and corresponding control methods.

(as worded in the Law of the Republic of Belarus of 20.07.2006 N 162-З) Technical normative legal acts in environmental protection shall be

elaborated with consideration of scientific technical achievements and requirements of international rules and standards.


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In technical normative legal acts on new machines, technology, materials, substances and other production, technological protection, storage, transportation, use of such production, in particular after its transmission to the category of wastes, the requirements, standards and rules in the field of environmental protection should be considered.


Article 31 Ecological Certification

(as worded in the Law of the Republic of Belarus of 20.07.2006 N 162-З) Ecological certification shall be carried out, in accordance with the

Republic of Belarus legislation, by certification bodies accredited in the National Accreditation System of the Republic of Belarus.

(Part 1, Article 31 as worded in the Law of the Republic of Belarus of 31.12.2010 N 228-З)

Objects of ecological certification are as follows: environmental management system; products; competence of personnel in performing works and services in the field of

environmental protection; rendering of services in the field of environmental protection; other objects in the field of environmental protection, in accordance with

the Republic of Belarus legislation. (as worded in the Law of the Republic of Belarus of 31.12.2010 N 228-З) State regulation in the field of ecological certification shall be carried out

by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the State Committee for Standardization of the Republic of Belarus and the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

The scientific and methodological management in ecological certification in the Republic of Belarus shall be carried out by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

CHAPTER 6

REQUIREMENTS IN THE FIELD OF ENVIRONMENTAL PROTECTION

Article 32 General Requirements in the Field of Environmental Protection in Placing,

Projecting, Building, Reconstruction, Placing in Operation,

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Exploitation, Conservation, Dismantling and Demolition of Buildings, Constructions and Other Objects

(as worded in the Law of the Republic of Belarus 19.07.2005 N 42-З) In placing, projecting, building, reconstruction, placing in operation,

exploitation, conservation, dismantling and demolition of buildings, constructions and other objects legal persons and individual entrepreneurs shall be obliged to ensure favorable environmental state and provide:

(as worded in the Law of the Republic of Belarus of 19.07.2005 N 42-З) preservation, renewal and/or environmental enhancement; reduction (prevention) of harmful effect on environment; application of best available techniques, low-waste, energy-efficient and

resource-saving technologies; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) rational (sustainable) use of natural resources; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) prevention of accident and other emergency situations; material, financial and other resources to compensate for the possible harm

to the environment; financial guarantees of implementation of planned activities on

environmental protection.

Article 33 Requirements in the Field of Environmental Protection in Placing

Buildings, Constructions and Other Objects In placing buildings, constructions and other objects the fulfillment of

requirements in the field of environmental protection with consideration of immediate and long-term ecological, economic, demographic and other consequences resulting from exploitation of the mentioned objects and the observance of priority of favorable environment conservation, biological and landscape diversity, rational (sustainable) use of natural resources and their restoration shall be provided.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) The site selection for accommodation of buildings, constructions and other

objects shall be carried out in compliance with legislative requirements of the Republic of Belarus.

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Article 34 Requirements in the Field of Environmental Protection in Elaboration of

Projects of Building, Reconstruction, Conservation, Dismantling and Demolition of Buildings, Constructions and Other Objects


In elaboration of projects of building, reconstruction, conservation, dismantling and demolition of buildings, constructions and other objects the standards of permissible anthropogenic burden on environment shall be considered, the measures on prevention and liquidation of environment contamination, as well as methods of waste management shall be provided, best available technologies, resource-saving, low and non-waste technologies contributing to environment conservation, restoration of natural environment, rational (sustainable) use of natural resources and their restoration shall be employed.


The reduction in value or exclusion from project works and approved project of planned activities on environmental protection in projecting of a building, reconstruction, conservation, dismantling and demolition of buildings, constructions and other objects shall be prohibited.

(as worded in the Law of the Republic of Belarus of 19.07.2005 N 42-З) The project of construction, reconstruction, conservation, dismantling or

demolition of buildings, constructions and other objects subject to state ecological expert examination and failed to receive positive resolution shall not be subject to approval and works on its implementation shall not be financed unless otherwise provided by the President of the Republic of Belarus.


Article 35

Requirements in the Field of Environmental Protection in Building and Reconstruction of Buildings, Constructions and Other Objects

Building and reconstruction of buildings, constructions and other objects shall be carried out, in accordance with the established procedure unless otherwise provided by the President of the Republic of Belarus, and with compliance of environmental protection requirements, as well as sanitary, fire-prevention, construction and other requirements of the Republic of Belarus legislation.



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Construction and reconstruction of buildings, facilities and other objects prior to project approval and allocation of the land in kind unless otherwise provided by the President of the Republic of Belarus, as well as introduction of changes in the approved project to the detriment of environmental protection requirements shall be prohibited.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) In fulfillment of construction and reconstruction of buildings, facilities and

other objects, all environmental protection measures, site improvement, protection of historic and cultural values, collection and other management of wastes and other provided in the project measures on prevention of harmful environmental effect, shall be taken.

(as worded in the Law of the Republic of Belarus of 07.05.2007 N 212-З) Part 4 of Article 35 was excluded. – The Law of the Republic of Belarus of

22.01.2013 N 18-З.

Article 36 Requirements in the Field of Environmental Protection in Placing in

Operation of Buildings, Constructions and Other Objects Placing in operation of buildings, constructions and other objects shall be

carried out on condition of fulfillment of all works on environmental protection and site improvement in accordance with the Republic of Belarus legislation.

Placing in operation of buildings, constructions and other objects not equipped with registration and control devices, as well as facilities on purifying, decontamination of emissions and discharges of contaminating substances, waste use or detoxification, ensuring the implementation of established environmental protection requirements, shall be prohibited.

Heads and members of commissions on acceptance for operation of buildings, constructions and other objects shall bear, in accordance with the Republic of Belarus legislation, responsibility for the acceptance for operation of buildings, constructions and other objects not meeting the requirements in the field of environmental protection.

Legal entities and individual entrepreneurs, engaged in the activities

(planning to carry out activities) related to the operation of facilities that have an integrated effect on the environment, from 1 January 2012 shall be entitled to obtain integrated environment conservation authorizations, and from January 1, 2016 shall carry out such activities only upon availability of integrated environment conservation authorizations (see Presidential Decree of 17.11.2011 N 528).

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Article 37 Requirements in the Field of Environmental Protection in Exploitation of

Buildings, Constructions and Other Objects Legal persons and citizens, carrying out the exploitation of buildings,

constructions and other objects, shall be obliged to comply with technological standards and other requirements in the field of environmental protection.

Legal persons and citizens carrying out the exploitation of buildings, constructions and other objects shall comply with environmental quality standards on the basis of implementation of technological means and technologies of production waste neutralization and use, neutralization of emissions and discharges of contaminating substances, as well as other technologies providing the compliance with requirements in the field of environmental protection.

In exploitation of buildings, constructions and other objects, legal persons and individual entrepreneurs shall be obliged to maintain Enterprise’s

ecological passport. Enterprise’s ecological passport is a document that includes the data on use of resources (natural and recoverable resources) by a legal person or an individual entrepreneur, undertaking economic and other activity, and on data, determining the production effect on the environment. The procedure for Enterprise’s ecological passport maintenance shall be established by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

Article 38 Requirements in the Field of Environmental Protection upon the

Liquidation of a Legal Entity or Termination of Individual Entrepreneur Activity

(as worded in the Law of the Republic of Belarus of 22.12.2011 N 326-З) Upon the liquidation of a legal entity or termination of individual

entrepreneur activity, including as the result of their recognition of economically insolvent (bankrupt), undertaking the activity related to harmful effect on environment, the ecological audit and estimation of harm caused to the environment ,as the result of a legal person or an individual entrepreneur activity, shall be conducted on a mandatory basis and compensation measures for the harm caused to the environment shall be taken, as well as measures on restoration of the environment shall be elaborated and taken in accordance with the Republic of Belarus legislation.

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Article 39 Requirements in the Field of Environmental Protection in Placing,

Projecting, Construction, Reconstruction, Placing in Operation and Exploitation of Power Engineering Objects

In projecting and building of thermal power stations, their equipment with purification facilities for emissions and discharges of contaminating substances to ensure the implementation of environmental protection requirements, use of environmentally friendly fuels and safe industrial waste disposal, as well as measures to reduce the generation and emission of gases into the environment shall be provided.

In placing, projecting, building, reconstruction, placing in operation and exploitation of hydroelectric power stations, topographic features shall be considered, measures on maximal perseverance of water objects, water collectors, land (including soils), forests, inhabited localities, natural ecological systems, biological and landscape diversity, functioning of the highly protected natural territories, natural territories subject to special protection, and biosphere reserves shall be provided, as well as measures on timely procurement and export of timber, removal of topsoil during the clearing and flooding of a reservoir bed and other essential measures on non-admission of adverse environmental changes, preservation of water regime, which provides the most favorable conditions for the reproduction of aquatic bioresources, shall be taken.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) In placing, projecting, building, reconstruction, placing in operation and

exploitation of nuclear installations, the protection of the environment from radioactive effects of these installations shall be provided, the established procedure and technological standards, requirements of specially authorized Republican bodies of State administration that exercise the State monitoring in the field of Nuclear and Radiation Safety shall be observed, as well as measures to ensure the full radiation safety of the environment and population in accordance with the Republic of Belarus legislation and generally accepted principles and rules of international law shall be taken, training and professional development of employees of nuclear installations shall be provided.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Placement of nuclear installations shall be carried out upon availability

on projects and other supporting materials of positive conclusions of the state ecological expertise and other state expertise, stipulated by the Republic of Belarus legislation, and confirmation of environmental and radiation safety of nuclear installations.

Projects on placement and construction of nuclear installations shall embody decisions that ensure safe decommissioning and safe handling of radioactive wastes.

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Projecting, Building, Reconstruction, Placing in Operation, Exploitation, Conservation and Liquidation of Military and

Defense Objects, Armament and Military Machines Environmental protection requirements in placing, projecting, building,

reconstruction, placing in operation, exploitation, conservation and liquidation of buildings, constructions and other objects shall fully apply to military and defense objects, armament and military machines.


06.05.2010 N 127-З. Article 41

Requirements in the Field of Environmental Protection in Agricultural Facilities Operation

Legal persons and citizens involved in operation of agricultural facilities shall be obliged to carry out the measures on protection of lands (including soils), subsurface resources, waters, atmospheric air, forests, objects of flora and fauna, to comply with the regime of the protection and use of the highly protected natural territories, natural territories subject to special protection and biosphere reserves.


Legal persons and individual entrepreneurs, engaged in the production, procurement and processing of agricultural products, as well as maintenance and repair of agricultural machinery, storage of fuel and lubrication materials, organic and mineral fertilizers, plant-protecting agents, growth-stimulating substances and other agents, shall have sanitary protective zones around the industrial facilities and waste treatment facilities to ensure the fulfillment of requirements in the field of environmental protection.

Article 42

Requirements in the Field of Environmental Protection in Land Melioration, Placing, Projecting, Building, Reconstruction, Placing

in Operation and Operation of Melioration Systems and Hydro-Technical Constructions Located Separately

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) In carrying out of land melioration, placing, projecting, building,

reconstruction, placing in operation and exploitation of melioration systems and hydro-technical constructions located separately the legal persons and individual separately located hydraulic structures, legal persons and individual


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entrepreneurs shall take measures to ensure the water economy balance and water resources conservation, protection of lands (including soils), forests, preservation of biological and landscape diversity, compliance with the regime of protection and use of highly protected natural territories, natural territories subject to special protection and biosphere reserves, as well as prevention of other harmful effects on environment in carrying out melioration measures.

Land melioration shall not cause environmental deterioration, as well as disruption in stable functioning of natural ecological systems.

Article 43. Requirements in the Field of Environmental Protection in Placing,

Projecting, Building and Reconstruction of Inhabited Localities In placing, projecting, building and reconstruction of inhabited localities,

environmental protection requirements to ensure favorable environment for life and health of citizens shall be observed, as well as preservation of natural ecological systems, biological and landscape diversity.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Facilities used for economic and other activities shall be placed with the

consideration of requirements in environmental protection, as well as sanitary, fire-fighting, construction and other requirements of the Republic of Belarus legislation and in compliance with the regime of protection and use of highly protected natural areas, natural areas subject to special protection and biosphere reserves.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) In planning and development of inhabited localities, measures on

preservation and restoration of environment shall be provided, requirements in the field of environmental protection shall be observed, measures on sewage water treatment, sanitary purification, collection, transportation, handling and/or neutralization of wastes, compliance with standards of permissible emissions and discharges of chemical and other substances, as well as on recultivation of lands, improvement of territories and other measures to ensure the ecological safety shall be taken.

Green zones shall be created around the inhabited localities and their legal regime shall be established in accordance with the Republic of Belarus legislation. Sizes of green zones shall be determined in elaboration of schemes and projects on regional planning of administrative-territorial units, general plans, projects on detailed planning and constructions, projects on inhabited localities improvement and other projects with the consideration of number of citizens, as well as climatic and natural conditions.

Management of inhabited localities and territories shall be implemented in accordance with architectural and town planning projects that stipulate greening

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activities and other activities on plant management to ensure favorable environment for life and health of citizens.

Management of plant objects located in inhabited localities shall be implemented in compliance with the Republic of Belarus legislation on plant world, housing and communal services, in the field of architectural, urban planning and construction activity.

(as worded in the Law of the Republic of Belarus of 19.07.2005 N 42-З) Destruction (removal), including felling without relevant permission and/or

damaging of plant objects in inhabited localities, green zones around the inhabited localities, city forests and sanitary protected areas shall be prohibited.

Article 44 Requirements in the Field of Environmental Protection to Movable Sources

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Legal persons and citizens in projecting, production, exploitation, repair

and delivery of technical service to mobile sources shall be obliged to elaborate and implement measures on emission control, exhaust smoke capacity, purification or neutralization of emissions and discharges of contaminating substances into the environment, transition to less toxic fuels and other measures directed at prevention and reduction of adverse environmental effects.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) The production and/or exploitation of mobile sources, with the content of

contaminating substances in the exhausts and levels of other harmful physical impacts on environment exceeding the specified standards, shall be prohibited.



Projecting, Building, Reconstruction, Placing in Operation, Exploitation and Liquidation of Objects of Extraction, Processing,

Transportation, Storage and Realization of Oil and Gas and Products of their Processing

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Placing, projecting, building, reconstruction, placing in operation,

operation and liquidation of objects of extraction, processing, transportation, storage and realization of oil, gas and products of their processing shall be carried out in compliance with the requirements in the field of environmental protection, sanitary, fire-fighting and other requirements of the Republic of Belarus legislation and in compliance with the regime of protection and use of the highly protected natural territories, natural territories subject to special protection and biosphere reserves.

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In placing, projecting, building, reconstruction, placing in operation, operation and the liquidation of objects of extraction, processing, transportation, storage and realization of oil, gas and products of their processing, measures on purification and neutralization of industrial wastes, as well as oil and gas and associated water gathering, recultivation of lands, decreasing harmful impact on the environment and compensating for the environmental harm in the process of building and/or exploitation of mentioned objects, as the result of infringement of the Republic of Belarus legislation on environmental protection, shall be provided.

Construction and exploitation of the objects of extraction, processing, transportation, storage and realization of oil, gas and products of their processing (including those on the surface water objects) shall be allowed upon availability of projects on the contaminated land recovery, positive resolutions of state ecological expert examination and financial guarantees of projects implementation.

Article 46 Requirements in the Field of Environmental Protection in Production of

Dangerous Chemical Substances, their Management and their Neutralization

Production of dangerous chemical substances and their management shall be allowed in the territory of the Republic of Belarus after conducting the necessary toxic-hygienic and toxicological research of these substances, establishment of standards for their management in compliance with environmental protection requirements and state registration of these substances and in accordance with the procedures, established by the Republic of Belarus legislation.

Neutralization of dangerous chemical substances shall be carried out upon availability of the project and technological documentation, agreed in accordance with the Republic of Belarus legislation.

Article 47 Requirements in the Field of Environmental Protection in Use of

Radioactive Substances Legal persons and individual entrepreneurs shall be obliged to observe the

rules of production, storage, transportation, use, burial of radioactive substances (sources of ionizing radiation), not to exceed the maximum permissible level of radiation exposure and if it is exceeded, immediately inform specially authorized Republican bodies of State administration, local executive and administrative bodies on elevated radiation levels, dangerous to the environment

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and health of citizens and take measures to extinguish the radiation pollution points.

Legal persons and individual entrepreneurs that fail to ensure that the rules on radioactive substance and radioactive waste management are observed, shall bear responsibility in compliance with the Republic of Belarus legislation.

Import of ionizing radiation sources into the territory of the Republic of Belarus from other states for the purposes of their storage, utilization or burial shall be prohibited. Transit or import of ionizing radiation sources for other purposes shall be carried out in accordance with the Republic of Belarus legislation.

Burial of ionizing radiation sources on the Earth's surface and in its depths without taking measures to eliminate the possibility of accidental exposure of ionizing radiation sources or their individual components into the environment shall be prohibited.

Burial of ionizing radiation sources in water objects, in highly protected areas, in areas subject to special protection and biosphere reserve areas shall be prohibited.


Article 48

Requirements in the Field of Environmental Protection in Use of Chemical Substances in Agriculture and Forestry

Legal persons and citizens shall be obliged to implement the rules on production, storage, transportation and use of chemical substances in agriculture and forestry and environmental protection requirements, as well as take measures to prevent adverse effect of economic and other activity and eliminate negative effects to ensure environmental quality, stable functioning of natural ecological systems and preservation of biological and landscape diversity, functioning of the highly protected natural areas, natural areas subject to special protection and biosphere reserves.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) The use of toxic chemical substances not exposed to the decay shall be

prohibited.

Article 49 Requirements in the Field of Environmental Protection to the Activity that

Has or May Have Adverse Biological Effect on Environment Introduction, acclimatization, growing, breeding and utilization of plants

and animals, not peculiar to natural ecological systems or developed artificially, without the elaboration of measures to prevent their harmful effect on natural

46

ecological systems, the positive conclusion of appropriate expertise and (or) permits shall be prohibited in accordance with the Republic of Belarus legislation.

In placing, projecting, building, reconstruction, placing in operation, exploitation and liquidation of dangerous industrial objects, application of technologies connected with harmful effect of microorganisms on environment, the requirements and standards in the field of environmental protection, including the standards of maximum permissible concentrations of microorganisms, technical normative legal acts in the field of environmental protection shall be observed.

(as worded in the Law of the Republic of Belarus of 20.07.2006 N 162-З) Legal persons and individual entrepreneurs carrying out activity connected

with possible harmful effect of microorganisms on environment shall be obliged to provide ecologically safe production, transportation, use, storage, placing and neutralization of microorganisms, elaborate and carry out measures on prevention of accidents and catastrophes, prevention and liquidation of consequences of harmful effect of microorganisms on environment.

On the issue related to the regulation of safety in genetic engineering

activity, see the Law of the Republic of Belarus of 09.01.2006 N 96-3. Requirements related to the genetically modified organisms’ management

shall be established by the Republic of Belarus legislation in the field of biological safety and genetic engineering activity.

Article 50

Requirements in the Field of Environmental Protection in Waste Management

Part 1 of Article 50 was excluded from 1 July 2008. – The Law of the Republic of Belarus of 21.12.2007 N 298-З.

Legal persons and citizens, economic and other activity of which is connected with waste management, shall be obliged to observe the requirements in the field of environmental protection, as well as sanitary, anti-fighting and other requirements, provided by the Republic of Belarus legislation.

Parts 3-4 of Article 50 were excluded from 1 July 2008. – The Law of the Republic of Belarus of 21.12.2007 N 298-З.

Relations arising in the course of waste management are regulated by the legislation on waste management and by other legislation of the Republic of Belarus.


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Article 51

Requirements in the Field of Environmental Protection to the Sources that Have Adverse Physical Effect

Legal persons and citizens, activity of which is connected with the use of physical effects sources, as well as local executive and administrative bodies shall be obliged to take essential measures on prevention and liquidation of harmful effects of noise, vibration, electric, electromagnetic, magnetic waves and other harmful physical effects on environment, including industrial, public and dwelling buildings, on the streets, in the yards, on the city squares and other inhabited localities, recreation areas and other public places, in sites of wild animals habitation, including animal breeding sites, on natural ecological systems and typical and rare natural landscapes and biotopes. (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

For these purposes the following shall be implemented: improvement of constructions of automobile, railroad, air, sea and river

transportation means, agricultural, road and building machines and other movable means and installations equipped with internal combustion engines and means of their exploitation, as well as the quality railway and tram track maintenance, automobile roads and street network of the inhabited localities;

placement of airdromes, airports and other objects and operation of equipment which are the sources of noise, in the distance that provides ecological safety of inhabited localities;

special noise protection measures. Exploitation of buildings, constructions and other objects having the

sources of physical effects that exceed the standards of permissible physical effects shall be prohibited.

Article 52 Requirements in the Field of Environmental Protection in Exercising of

Scientific and Research, Development and Engineering and Technological Works

In exercising of fundamental and applied scientific research, development and engineering and technological works, environmental protection requirements shall be considered.

Use of inventions and application of machinery, equipment, materials and technologies which involve the violation of environmental protection requirements shall be prohibited.

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Article 53 Requirements in the Field of Environmental Protection in Establishing the

Protection and Protective Zones To ensure stable functioning of natural ecological systems, protection of

natural complexes, natural landscapes and biotopes and particularly protected natural areas from the contamination and other harmful effects of economic and other activity, protection and protective zones may be established.


The procedure for the establishment and formation of protection and protective zones and their legal status shall be determined by the Republic of Belarus legislation.

Article 54

Requirements in the Field of Environmental Protection in Privatization of Enterprises as Property Complexes of State Unitary Enterprises

(as worded in the Law of the Republic of Belarus of 22.12.2011 N 326-З) In privatization of enterprises having harmful effects on environment as

property complexes of state unitary enterprises, the implementation of environmental protection measures and compensation for the harm caused to the environment shall be provided.


In privatization of enterprises as property complexes of state unitary enterprises, the installations and equipment designed for the environmental protection shall be considered as undivided whole with the object of privatization.


CHAPTER 7 PROTECTION OF THE OZONE LAYER. CLIMATE CONTROL

Article 55

Protection of the Ozone Layer With a view to human life and health, as well as environmental protection

from adverse effects, caused by the depletion of the ozone layer as the result of ozone depleting substance impact, the protection of the ozone layer shall be provided.

Protection of the ozone layer shall be provided by: development and implementation of national, regional and sectoral

programs on the ozone layer protection;

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consultantplus://offline/ref=C287C7F10A48814C0B4C030E339A8AAA36755654D556A1967D04B13A4A7F97F2A575725B71CDA8D9A9FC694B3F08eFH

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reduction of ozone depleting substance consumption and reduction (cessation) in their use, in accordance with international treaties of the Republic of Belarus;

imposing restrictions and prohibitions in handling of ozone depleting substances and bans on the ozone depleting substance production;

laying down requirements in regard to the ozone layer protection in implementation of economic and other activity;

economic incentive in the field of the ozone layer protection; steady ozone layer monitoring; steady monitoring of the ozone layer protection; applying liabilities for the violation of the Republic of Belarus legislation

on protection of the ozone layer; implementation of other measures, in accordance with the Republic of

Belarus legislation on protection of the ozone layer and other legislation of the Republic of Belarus.

Article 56

Responsibility of Legal Persons and Individual Entrepreneurs that Carry Out Economic and Other Activity Connected with Greenhouse

Gas Emissions into the Atmosphere Legal persons and individual entrepreneurs that carry out economic and

other activity connected with greenhouse gas emissions into the atmosphere, shall be obliged to reduce the emissions of gases and/or other substances, contributing to their generation and the accumulation of which in the atmosphere may lead to the climate change.

Article 57

Climate Control Any economic and other activity, the consequences of which lead to or may

lead to the climate change, shall be carried out in compliance with the Republic of Belarus legislation on environmental protection.

The implementation of the climate control measures shall not lead to adverse effects on the environment.

CHAPTER 8

ENVIRONMENTAL IMPACT ASSESSMENT. ECOLOGICAL EXPERT EXAMINATION

Article 58

Environmental Impact Assessment (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Environmental impact assessment shall be carried out in elaboration of the

project documentation on the planned economic and other activity in regard to

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the list of objects, established by the Republic of Belarus legislation on the state ecological expert examination.

The procedure for the environmental impact assessment, a list of materials attached to the report on the environmental impact assessment, requirements to the materials and content of the report on the assessment results shall be established by the Republic of Belarus legislation on the state ecological expert examination.

Article 59 Ecological Expert Examination

Ecological expert examination shall be conducted to determine the conformity or inconformity of the project or other documentation on the planned economic and other activity with the requirements of the Republic of Belarus legislation on environmental protection and rational usage of natural resources.


State ecological expert examination and public ecological expert examination shall be conducted in the Republic of Belarus.

Article 60

State Ecological Expert Examination (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) State ecological expert examination shall be organized and conducted by

the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus or by Regional (Minsk city) Committees of Natural Resources and Environmental Protection.

A list of objects of the state ecological expert examination and its procedure shall be established by the Republic of Belarus legislation on state ecological expert examination.

Article 61

Public Ecological Expert Examination Public ecological expert examination shall be organized and conducted at

the initiative of public associations and citizens and by independent specialists, which in accordance with the procedures, established by the Republic of Belarus legislation, have the right to obtain from the customer (initiator of the planned economic and other activity) documentation subject to public ecological expert examination, including the material on the environmental impact assessment, as well as other essential materials for the public ecological expert examination.


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Expert conclusions on the public ecological expert examination may be sent to bodies that conduct the state ecological expert examination, local executive and administrative bodies, as well as other stakeholders and they shall be of advisory nature.

Financing of the public ecological expert examination shall be accomplished at the expense of its initiators—public associations and/or citizens.

The procedure for the public ecological expert examination shall be established by the Council of Ministers of the Republic of Belarus.

(Part 4 of Article 61 was introduced by the Law of the Republic of Belarus of 06.05.2010 N 127-З)

CHAPTER 9

NATURAL COMPLEXES AND OBJECTS SUBJECT TO PARTICULAR OR SPECIAL PROTECTION, NATIONAL ECOLOGICAL NETWORK,

BIOSPHERE RESERVES (as worded in the Laws of the Republic of Belarus of 06.05.2010 N 127-З,

of 22.01.2013 N 18-З)

Article 62 Specially Protected Natural Territories

(as worded in the Law of the Republic of Belarus of 02.07.2009 N 32-З) Unique, model or other valuable natural complexes and objects of special

ecological, scientific and/or esthetic importance are subject to special protection. For the protection of such natural complexes and objects the specially protected natural territories shall be declared.

Declaring, transformation or termination of specially protected natural territories’ operation shall be carried out in accordance with the Republic of Belarus legislation on specially protected natural territories.

Article 63

Natural Territories Subject to Special Protection (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) With a view to the environmental quality preservation in the Republic of

Belarus, the following areas shall be distinguished as subject to special protection:

resort zones; recreation zones; parks, squares and boulevards; water protection zones, riversides and water basin shorelines;

zones of sanitary protection of deposits of medicinal mineral waters and medicinal sapropels;

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zones of sanitary protection of water objects used for the utility and drinking water supply, zones of sanitary protection in water intake areas;

first-group forests, specially protected plots of second-group forests; typical and rare natural landscapes and biotopes; high bogs, swamps which are the sources of water streams; places of wild animal habitats and places of wild plant habitats, belonging to

the species included into the Red Book of the Republic of Belarus; natural areas important for breeding, feeding, wintering and/or the migration

of wild animals, protection zones of highly protected natural areas; other areas for which the special regime of protection and use has been

established. In natural areas subject to special protection, restrictions and limitations may

be established over carrying out certain types of economic and other activity indicated in the documentation certifying the rights to use a land plot, a forest fund plot, a water object (its part), a subsoil plot, hunting and/or fishing areas. These restrictions and limitations shall be taken into account in the development and implementation of:

projects and land management schemes; urban development projects; sectoral allocation schemes and development of production and objects of

transport and engineering infrastructure; land reclamation projects; projects on water protection zones and shorelines of water basins; republican complex scheme of fishing area placement; biologic and economic feasibility of fishing areas; fish breeding and biological grounding; forest management projects; hunt management projects; biological and economic feasibility of hunting areas; recreation area planning. The legal regime of special area protection, listed in Part I of this Article,

shall be established by the Republic of Belarus legislation.

Article 63-1 National Ecological Network

(introduced by the Law of the Republic of Belarus of 06.05.2010 N 127-З) The formation and functioning of the National Ecological Network shall

be carried out by taking into account watersheds (basins of water objects), the requirements for the formation and functioning of ecological networks,

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established by international treaties of the Republic of Belarus and in accordance with the scheme of the National Ecological Network.

The requirements for the content of the National Ecological Network scheme and the selection criteria for the areas to be included into the National Ecological Network shall be established by the Council of Ministers of the Republic of Belarus, subject to agreement with the President of the Republic of Belarus.

The project of the National Ecological Network scheme of the Republic of Belarus shall be elaborated by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus together with the National Academy of Sciences of Belarus, Regional executive and regulatory bodies, other interested state bodies and state organizations.

The National Ecological Network scheme shall be approved by the President of the Republic of Belarus.

The approved National Ecological Network scheme shall be taken into account in elaboration and implementation of the scheme of rational allocation of highly protected natural areas of Republican importance, regional schemes of rational allocation of highly protected natural territories of local importance, projects and schemes of the land management, urban planning projects, sectoral schemes of allocation and development of the industry, as well as transport and engineer infrastructure objects, land reclamation projects, projects for water protection zones and shorelands of water objects, Republican complex scheme of fishing area allocation, forest management projects, hunting management projects and recreation area planning.

Article 63-2 Elements of the National Ecological Network

(introduced by the Law of the Republic of Belarus of 06.05.2010 N 127-З) The National Ecological Network consists of core areas, ecological

corridors and protected areas. Core areas include separate highly protected natural areas (their parts)

and/or natural areas, subject to special protection (their parts) ensuring the preservation of natural ecological systems, biological and landscape diversity.

Ecological corridors include separate natural territories, subject to special protection (their parts), not included into core areas providing a link between core zones. Ecological corridors may also include separate highly protected natural areas or their parts if they are important for the dispersal and/or migration of wild animals.

Protected areas include separate natural areas, subject to special protection, not included into the core areas and ecological corridors to ensure the prevention or mitigation of harmful effects on natural complexes and objects, located in core areas and ecological corridors.

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Specially protected natural areas and natural areas, subject to special protection included into the National Ecological Network, function under the regime of protection and use, established for these territories at their announcement (allocation) or transformation.

Article 63-3

Biosphere Reserves (introduced by the Law of the Republic of Belarus of 06.05.2010 N 127-З) The biosphere reserve announcement shall be carried out by the decision of

regional executive and regulatory bodies, the areas of which are to be included into the biosphere reserve by the proposal of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, accorded with the National Academy of Sciences of Belarus, other interested state bodies and state organizations. In case the territories of two or more regions are to be included into the biosphere reserve, the biosphere reserve announcement shall be performed by the joint decision of regional executive and regulatory bodies, the territories of which are to be included into it. By decision (joint decision) on the biosphere reserve announcement, its borders, the area and land use categories of the biosphere reserve, its zones and the provision on the biosphere reserve shall be established.

The provision on the biosphere reserve shall determine the regime of the protection and use of the biosphere reserve. Specially protected natural areas and natural areas, subject to special protection included into the biosphere reserve, shall function under the protection and use regime, established for these areas at their announcement (allocation) or transformation.

The biosphere reserve operation shall be terminated upon the decision of the regional executive and regulatory body which has taken the decision on its announcement. In case the biosphere reserve includes the territories of two or more regions, the biosphere reserve operation shall be terminated by joint decision of the regional executive and regulatory bodies which have taken decision on its announcement.

Biosphere reserves may be included into the world network of biosphere reserves in accordance with international treaties of the Republic of Belarus.

Article 63-4 Structure of the Biosphere Reserve

(introduced by the Law of the Republic of Belarus of 06.05.2010 N 127-З) Main, buffer and transfer zones shall be allocated within biosphere reserve

borders. The main zone includes separate specially protected natural areas (their

parts) and/or natural areas, subject to special protection (their parts), which

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ensure the preservation of natural ecological systems, biological and landscape diversity.

The buffer zone includes separate specially protected natural areas (their parts) and/or natural areas, subject to special protection (their parts) not included into the main zone, providing the prevention or mitigation of harmful effects on the main zone. The buffer zone shall be located by the main zone or adjusted to it.

The transfer zone structure includes the areas not included into the structure of the main and buffer zones, which shall be targetedly stimulated by rational (sustainable) use of natural resources applying the elements of economic mechanism for environmental protection and nature management in line with Chapter 14 of this Law to ensure reforestation and afforestation, protection of waters and objects of flora and fauna, use in economic and other activity of renewable energy sources, the implementation of other best available technical methods, the development of agro and ecotourism, the application of crop rotation schemes in the agriculture which exclude the need for chemical fertilizers and plant protection agents and for other purposes to ensure environmental safety, conservation and restoration of the biological diversity, natural resources and objects.

Each zone of the biosphere reserve may be territorially separated and consist of several plots, located in different areas of the biosphere reserve.

Article 63-5

Management of the Biosphere Reserve (introduced by the Law of the Republic of Belarus of 06.05.2010 N 127-З) In order to manage the biosphere reserve by decision of the regional

executive and regulatory body, which has taken the decision on the biosphere reserve announcement, a Coordinating Council for the biosphere reserve management shall be established. Provided that the structure of the biosphere reserve includes the territories of two or more regions, regional executive and regulatory bodies, the territories of which have been included into the structure of the biosphere reserve, shall take a joint decision on the establishment of a Coordinating Council for the biosphere reserve management. The decision of the regional executive and regulatory body (joint decision of regional executive and regulatory bodies) on the establishment of a Coordinating Council on the biosphere reserve management shall also establish the regulation on this Council and its composition.

The structure of a Coordinating Council on the biosphere reserve management shall include the representatives of state bodies and other state organizations, the management of specially protected natural areas has been transferred to, as well as other interested state bodies and state organizations.

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Article 63-6 Typical and Rare Natural Landscapes and Biotopes and Their Protection

(introduced by the Law of the Republic of Belarus of 22.01.2013 N 18-З) Typical and rare natural landscapes and biotopes are natural landscapes

and biotopes included into the list of typical and rare natural landscapes and biotopes and approved by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus in accordance with the established criteria.

With the view of typical and rare natural landscapes and biotopes protection, the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus shall organize procedures for their identification and recognition.

Local executive and administrative bodies by representation of the relevant territorial authority of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, by agreement with the National Academy of Sciences of Belarus, shall take a decision on the transfer of typical and/or rare natural landscapes and biotopes under the protection of land plots and/or water objects’ users.

Users of land plots and/or water objects, who receive typical and/or rare natural landscapes and biotopes under their protection, shall be issued with passports of typical and/or rare natural landscapes and biotopes and the preservation order with the view of provision of special regime for their protection and use.

The transmission procedure of typical and/or rare natural landscapes and biotopes under the protection of land plots and/or water objects’ users, the passport formats of typical and/or rare natural landscapes and biotopes and the preservation order formats, as well as the terms and procedures for their issuance shall be established by the Council of Ministers of the Republic of Belarus.

Provided that essential measures on restoration of typical and/or rare natural landscapes and biotopes should be implemented, the Ministry of Natural Resources and Environmental Protection shall provide the elaboration, approve and organize the implementation of management plans for typical and/or rare natural landscapes and biotopes, as well as monitor their implementation.

Article 64

Rare and Endangered Species of Wild Animals and Wild Plants in the Territory of the Republic of Belarus.

Red Book of the Republic of Belarus (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Rare and endangered species of wild animals and plants in the Republic of

Belarus include species of wild animals and plants, for which there is animal and plant world monitoring data, as well as the state cadastre of animal world and

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the state cadastre of plant world, scientific and other research indicating at least one of the following grounds:

yearly, for 10 years or three generations (of the two cases, a longer time interval value shall be chosen), decrease in their population and/or habitat;

adverse changes in the conditions of their habitat; limited expansion and small size of their populations. Rare and endangered species of wild animals and wild plants in the

territory of the Republic of Belarus shall be included into the Red Book of the Republic of Belarus. Inclusion of rare and endangered species of wild animals and wild plants in the territory of the Republic of Belarus into the Red Book of the Republic of Belarus and their exclusion from it shall be implemented by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus on the basis of proposals of the National Academy of Sciences of the Republic of Belarus.

In inclusion of rare and endangered species of wild animals and wild plants in the territory of the Republic of Belarus into the Red Book of the Republic of Belarus, the categories of national nature conservation importance shall be given to them.

The categories of national nature conservation importance and the criteria of attribution to them of rare and endangered species of wild animals and wild plants in the territory of the Republic of Belarus shall be established by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

If the grounds, listed in Part I of this Article and according to which rare and endangered species of wild animals and wild plants in the territory of the Republic of Belarus were included into the Red Book of the Republic of Belarus, have fallen away, such species shall be excluded from the Red Book of the Republic of Belarus.

The Red Book of the Republic of Belarus contains the names of rare and endangered species of wild animals and wild plants in the territory of the Republic of Belarus, information on their dissemination, habitat, biology (including a brief summary of these species), population and tendencies of its changes, prime threat factors and protection measures, as well as categories of national nature conservation importance. The Red Book of the Republic of Belarus shall be subject to publication every ten years.

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Article 64-1 Protection of Wild Animals and Wild Plants, belonging to the Species

Included into the Red Book of the Republic of Belarus, as well as to the Species of Wild Animals and Wild Plants, subject to Protection by

International Treaties of the Republic of Belarus (introduced by the Law of the Republic of Belarus of 22.01.2013 N 18-З)

With the view of protection of wild animals and wild plants, belonging to the species included into the Red book of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus shall organize work on determination of habitats of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus and the accountability of such habitats.

Local executive and administrative bodies by representation of a relevant territorial body of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and by agreement with the National Academy of Sciences of Belarus, shall take decisions on the transfer of the ascertained habitats of wild animals and/or wild plants, belonging to the species included into the Red Book of the Republic of Belarus, under the protection of land plots and/or water objects’ users.

Users of land plots and/or water objects, which receive under their protection the habitats of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, shall be issued with passports of wild animal and/or wild plant habitats, belonging to the species included into the Red Book of the Republic of Belarus and the preservation order, providing a special regime for protection and use of such habitats.

The transmission procedure for wild animal and wild plant habitats, belonging to the species included into the Red Book of the Republic of Belarus, under the protection of users of land plots and/or water objects, passport formats for wild animal and/or wild plant habitats, belonging to the species included into the Red Book of the Republic of Belarus and preservation order formats, as well as terms and procedures for their submission shall be established by the Council of Ministers of the Republic of Belarus.

The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus shall provide the elaboration and approve management plans on wild animal and wild plant populations, belonging to the species included into the Red Book of the Republic of Belarus, as well as the species subject to protection by international treaties of the Republic of Belarus, action plans for the conservation of such wild animal and wild plant species and other activities on the wild animal and wild plant protection, belonging to the species included into the Red Book of the Republic of Belarus, as well as the species subject to protection by international treaties of the Republic of Belarus. The organization of the implementation of such activities and the control over their

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implementation shall be carried out by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus may establish limits, prohibitions and other measures for the protection, withdrawal, maintenance, storage and exhibition of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, and of their parts and/or derivatives and their trade, as well as the storage, protection and restoration of their habitats and the implementation of economic and other activity, during which they are used as raw materials, for other consumption purposes or disposal.

Import into the Republic of Belarus and export from the Republic of Belarus of wild animals and wild plants, belonging to the species, included into the Red Book of the Republic of Belarus, their parts and/or derivatives, species of animals and plants, their parts or their derivatives, subject to the protection by international treaties of the Republic of Belarus, shall be carried out in accordance with international treaties of the Republic of Belarus, customs legislation of the Republic of Belarus and the Republic of Belarus legislation on foreign economic activity.

(as worded in the Law of the Republic of Belarus of 16.06.2014 N 161-З) The Article shall not apply to cultivated plants and bred in captivity wild

animals that belong to rare or endangered species in the territory of the Republic of Belarus.

Article 64-2 Withdrawal of Wild Animals and Wild Plants, Belonging to the Species

Included into the Red Book of the Republic of Belarus from Their Habitats (introduced by the Law of the Republic of Belarus of 22.01.2013 N 18-З)

Withdrawal of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus from their habitats shall be allowed for scientific purposes, for the purposes of moving (including settlement), introduction, reintroduction, acclimatization, crossing and/or breeding in captivity. Wild animals, belonging to the species included into the Red Book of the Republic of Belarus, may be withdrawn from their habitat if they have an illness threatening their life, life or health of citizens, as well as in cases when the assistance to wild animals with their illnesses, wounds, traumas or the threat of extinction is required.

Withdrawal of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, from their habitats shall be carried out on the basis of a permission, issued by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus pursuant to the terms and procedures, established by the Council of Ministers of the Republic of Belarus, unless otherwise provided by the President of the Republic of Belarus.

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Unauthorized withdrawal of wild animals and wild plants, belonging to the species included into the Red Book of the Republic of Belarus, from their habitats, their illegal trafficking, as well as commitment of other actions which may cause their death, reduction in the population or disturbance of their habitat shall be prohibited.

The Article shall not apply to cultivated plants and bred in capture wild animals that belong to rare or endangered species in the territory of the Republic of Belarus.

CHAPTER 10

ECOLOGICALLY UNFAVORABLE AREAS

Article 65 Ecological Risk Zones

Particular areas of the Republic of Belarus territory with unfavorable ecological situation as the result of economic and other activity, in which the continuous negative changes in the environment have begun to occur, threatening the safety of life and health of citizens, components of natural environment and ecological systems shall be declared by the Council of Ministers of the Republic of Belarus as ecological risk zones.

In ecological risk zones the measures on the adverse environmental effect protection and its restoration shall be implemented.

Financing of measures aimed at ecological risk zone enhancement shall be primarily implemented at the expense of legal persons and individual entrepreneurs, as the result of economic and other activity of which the adverse ecological situation has developed and continuous negative changes in the environment have begun to occur, as well as at the expense of the Republican and local budgets and other sources in accordance with the Republic of Belarus legislation.

Article 66 Ecological Crisis Zones

Particular areas of the Republic of Belarus territory, in which as the result of economic or other activity, accidents, disasters, natural disasters or other emergency or unforeseen, under the existing conditions, circumstances, the continuous negative changes in the environment, threatening the safety of life and health of citizens, the components of natural environment and natural ecological systems have occurred, shall be declared by the Council of Ministers of the Republic of Belarus as ecological crisis zones.

In ecological crisis zones for the period, established by the Council of Ministers of the Republic of Belarus the following may be implemented:

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economic and other activity of legal persons and individual entrepreneurs causing adverse environmental effects may be suspended;

the use of certain kinds of natural resources may be limited; reconstruction or conversion of industrial and other objects causing adverse

environmental effects may take place; measures on restoration of the environment may be implemented. Financing of measures aimed at ecological crisis zone enhancement shall

be implemented in accordance with the procedures, established by Part 3 of Article 65 of this Law.

Article 67 Ecological Disaster Zones

Particular areas of the Republic of Belarus territory, in which as the result of economic and other activity the irreversible environmental changes have occurred, threatening the safety of life and health of citizens and leading to the ecological disturbance, demise of natural ecological systems, degradation of natural environment components shall be declared by the President of the Republic of Belarus as ecological disaster zones.

In ecological disaster zones: operation of industrial and other objects (excluding the objects connected

with the service of citizens residing in this area) shall be suspended for the period, established by the President of the Republic of Belarus;

building, reconstruction and placing in operation of new buildings, constructions and other objects, excluding the ones necessary to eliminate the consequences of environmental disasters, shall be prohibited;

environmental management shall be restricted; operational measures on environmental restoration shall be implemented . Financing of measures aimed at ecological disaster zone enhancement shall

be implemented in accordance with the procedures, established by Part 3of Article 65 of this Law.

CHAPTER 11

ENVIRONMENTAL STATE MONITORING

Article 68 National System of Environmental Monitoring

With the view of ensuring the interaction of environmental monitoring systems, assessment and forecast of environmental changes caused by natural and anthropogenic factors, obtaining and delivery of full, trustworthy and timely ecological information, the National Environmental Monitoring System shall be established in the Republic of Belarus.

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(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) The support of the National Environmental Monitoring System in the

Republic of Belarus shall be provided in accordance with the procedures, established by the Republic of Belarus legislation.

Coordination of the National Environmental Monitoring System in the Republic of Belarus shall be implemented by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

Article 69 Environmental Monitoring

Environmental monitoring shall be implemented with the view of environmental state observation (including environmental state monitoring in the areas of adverse effect sources’ location and the impact of these sources on the environment), providing state bodies, legal persons and citizens with full, trustworthy and timely information for monitoring and control in the field of environmental protection and rational use of natural resources.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Environmental monitoring is a part of the National Environmental

Monitoring System in the Republic of Belarus. Environmental monitoring shall be implemented by the Ministry of Natural

Resources and Environmental Protection of the Republic of Belarus, other bodies of State administration and the National Academy of Sciences of Belarus in accordance with the procedures, established by the Republic of Belarus legislation. The exercise of environmental monitoring by other bodies of State administration shall be implemented by agreement with the Ministry of Natural Resources and Environmental Protection.

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) Bodies of State administration and other legal persons, in accordance with

the procedures, established by the Republic of Belarus legislation, shall gratuitously deliver to the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies observation materials related to the environmental state.


21.12.2007 N 298-З. Republican bodies of State administration, local executive and

administrative bodies and legal persons in elaboration of social and economic development forecast and taking appropriate decisions, as well as in elaboration of programs and measures on rational (sustainable) use of natural resources and environmental protection, as well as in placement of industrial and other objects shall consider environmental monitoring data and use them to inform the citizens on the environmental state and its protection measures.

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(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) The procedure for maintenance and use of environmental monitoring data

shall be established by the Council of Ministers of the Republic of Belarus.

CHAPTER 12 REGISTRATION IN ENVIRONMENTAL PROTECTION.

STATE DATABASE ON ENVIRONMENTAL STATE AND IMPACT ON IT.

ECOLOGICAL INFORMATION (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З)

Article 70

State Registration in Environmental Protection Legal persons and individual entrepreneurs, the economic or other

activities of which cause adverse effects on the environment, including the environmentally degrading activity, types and amount of emissions and discharges of contaminating substances into the environment, types and value of harmful physical and other effects on the environment shall be subject to state registration conducted by territorial bodies of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, as well as other specially authorized Republican bodies of State administration in accordance with the procedures, established by the Republic of Belarus legislation.

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) State registration in environmental protection shall be conducted in

accordance with the procedures, established by the Council of Ministers of the Republic of Belarus, for the purposes of state regulation of nature protection activity, as well as current and perspective planning of measures on reduction of harmful effects of the economic and other activity on the environment.

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) Criteria for classifying the economic and other activity causing harmful

environmental effects as ecologically degrading activity shall be established by the President of the Republic of Belarus or by the State body authorized by the President.


In maintenance of State registration in environmental protection, the territorial bodies of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus shall conduct the maintenance of the State register of legal persons and individual entrepreneurs, the economic and other activities of which cause harmful environmental effects.


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In the course of state registration in the field of environmental protection, each legal person and individual entrepreneur, the economic and other activities of which cause harmful effects on the environment, shall receive a registration number of a natural resources’ user at the place they carry out their economic and other activity.


Article 71

Registration of the Natural Resource Use and Adverse Effects on the Environment

Legal persons and individual entrepreneurs in carrying out economic and other activity shall be obliged to conduct registration of the natural resource use, emissions and discharges of contaminating substances into the environment, waste management, as well as registration of other kinds of harmful effect on the environment in accordance with the procedures, established by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and other specially authorized Republican bodies of State administration within their jurisdiction.

Data on the natural resource use, emissions and discharges of contaminating substances into the environment, waste management, as well as other kinds of harmful effects on the environment shall be subject to registration in the Enterprise’s ecological passport and subject to State statistical recording in accordance with the procedures, established by the Republic of Belarus legislation.

Article 72 State Cadastres of Natural Resources

State cadastres of natural resources shall be maintained for the registration of quantity, quality and other characteristics of natural resources, as well as the registration of volume, pattern and regime of their use.

In the Republic of Belarus the following state cadastres of natural resources are maintained: land, bowels, water, atmospheric air, forests, flora, fauna, climate and wastes.

(as worded in the Law of the Republic of Belarus of 02.07.2009 N 32-З) The maintenance of other state cadastres of natural resources may be

stipulated by legislative acts of the Republic of Belarus. The maintenance of state cadastres of natural resources shall be carried out

by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and other specially authorized Republican bodies of State administration in compliance within their jurisdiction.

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The coordination of state cadastres of natural resources shall be carried out by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

Article 73

State Data Fund on the Environmental State and Impacts on It (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З)

The State Data Fund on the environmental state and impacts on it includes ecological information, collected as the result of activities specified in Part 2 of Article 74 of this Law, conducted by ecological information owners and accumulated by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, other state bodies and state organizations, in accordance with obligations, imposed on them by legislative acts of the Republic of Belarus.

The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, other state bodies and state organizations, which accumulate ecological information collected as the result of ecological information activities implemented by its owners, as specified in Part 2 of Article 74 of this Law, shall maintain ecological information registers of the State Data Fund on the environmental state and impacts on it.

The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, other state bodies and state organizations which maintain ecological information registers of the State Data Fund on the environmental state and impacts on it, shall post the content of information contained in the above registers in the publicly accessible place (on the information boards, panels) and on their official websites in the global computer network Internet.

The procedures for formation and maintenance of the State Data Fund on the environmental state and impacts on it shall be established by the Council of Ministers of the Republic of Belarus.

Provision and dissemination of information contained in the ecological information registers of the State Data Fund on the environmental state and impacts on it shall be carried out in accordance with Articles 74-74-7of this Law.

Article 74

Content, Sources and Ecological Information Kinds, Forms of Its Provision and Dissemination

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) The ecological information includes the following data on: the state of the environment, including atmospheric air, waters, grounds

(including soils), flora and fauna in their biological diversity, natural landscapes, biotopes, other natural objects and interaction between these objects, as well as genetically engineered organisms and microorganisms;

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environmental effects of substances, as well as energy, noise, radiation and other physical factors;

decisions of the state bodies, on the economic and other activity of legal persons and individual entrepreneurs, connected to harmful effects on the environment or its protection, as well as justification of necessity of their fulfillment, including financial and economic reasoning;

acts of the Republic of Belarus legislation on territorial complex schemes, programs and measures on rational (sustainable) use of natural resources and the environment protection, concepts, strategies, schemes, action plans, programs and measures, the implementation of which have impact or may have impact on the environment, as well as justification of necessity of their adoption, including financial and economic justification;

(as worded in the Law of the Republic of Belarus of от 06.05.2010 N 127-З) the state of health and safety of citizens, their living conditions, the state of

cultural objects, buildings and constructions to the extent that relates to the effect or possible effect on them by the environment or through the environment of factors, activities and measures, specified in Paragraphs 3-5 of this Part.

The ecological information provided or disseminated by the ecological information owners in accordance with this Law shall be compiled as the result of:

environmental monitoring; execution of measurements in field of environmental protection; maintaining of state registration in the field of environmental protection; maintaining of state registration of natural resources in use and effects on the

environment; issue of special permissions (licenses) to carry out activity connected with

the environmental impact, other permissions and documents, in accordance with which natural resources are used, making amendments and/or additions to these permissions and other documents, suspension, resumption, extension of validity, termination of validity or annulment;

(as worded in the Law of the Republic of Belarus of 22.12.2011 N 326-З) environmental impact assessment; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) ecological examination; exercising control in the field of environmental protection, rational use of

natural resources; (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) ecological auditing; ecological certification; standardization in the field of environmental protection;


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development and implementation of territorial complex schemes, programs and measures on rational (sustainable) use of natural resources and the environment protection.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) The ecological information, collected as the result of activities not specified

in Part 2 of this Article shall be provided and disseminated in accordance with legislative acts of the Republic of Belarus on the financial and credit system, the state statistics, health care, safety in the genetic engineering activity, hydrometeorological activities, the state system for prevention and liquidation of emergency situations, historical and cultural heritage, information and informatization, other legislative acts.

The ecological information shall be provided and disseminated verbally, in writing, by electronic, audiovisual or other means.

The ecological information collected as the result of the activities, specified in Part 2 of this Article shall fall into the ecological information of a general character and customized ecological information.

Classification of ecological information, related to the harm caused to the environment, to specialized ecological information shall be prohibited.

Article 74-1 Access to Ecological Information

(introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) Access of state bodies, other state organizations, legal persons and citizens

to ecological information of general purpose shall be guaranteed by providing or disseminating of general-purpose ecological information by ecological information owners.

Access of state bodies, other state organizations, legal persons and citizens to specialized ecological information shall be guaranteed in accordance with an access agreement to specialized ecological information, established with ecological information owners.

Article 74-2 Restriction of Access to Ecological Information

(introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) Ecological information shall not be provided or disseminated in the

following cases: information is classified as state secrets in accordance with the Republic

of Belarus legislation on State Secrets; the disclosure of information will lead to the infringement of regulations

in the delivery of justice, preliminary investigation and administrative process; the disclosure of information will cause environmental harm or pose a

threat to harm;

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other cases established by legislative acts, international treaties of the Republic of Belarus in the interests of the national security, protection of rights and freedoms of citizens, rights of legal persons.

Provision of ecological information may be denied in the following cases: a state body or other state organization do not have enquired information

and such information cannot be obtained from other ecological information owners because of its unavailability;

a legal person, other than a state body or state organization or an individual entrepreneur do not possess the enquired ecological information;

a request to provide information refers to documents of internal documentation management of the ecological information owner.

In case provided by Paragraph 4 of Part 2 of this Article, the ecological information owner shall be obliged, if possible, to segregate the information contained in such documents without prejudice to the confidentiality thereof and provide it to an applicant.

Access to the following ecological information shall not be restricted: on state of the environment; on the emission of contaminating substances into the atmospheric air and

discharge of effluents into water objects, exceeding environmental protection standards, or in the absence of such standards if their determination is required in accordance with the Republic of Belarus legislation;

on exhausts into the water object of chemical and other substances, their compositions, items or waste products;

on applying of chemical and other substances to the ground (soil) that led to the deterioration of its quality or the quality of subsurface waters;

on ionizing and electromagnetic radiation, noise or other physical effects exceeding environmental protection standards or in the absence of such standards if their determination is required in accordance with the Republic of Belarus legislation.

Article 74-3 Provision of Ecological Information to State Bodies and Other State

Organizations (introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З)

Ecological information of general purpose shall be provided to state bodies and other state organizations by ecological information owners in accordance with this Law and other legislative acts of the Republic of Belarus upon their request by means of exchange of such information or its distribution.

Specialized ecological information shall be provided to state bodies free of charge. Specialized ecological information shall be provided to other state organizations in accordance with the procedures, established by Article 74-5 of this Law.

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Article 74-4 Provision of Ecological Information to Citizens and Legal Persons Other

than State Bodies and State Organizations (introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З)

Ecological information of general purpose shall be provided by the ecological information owner on request of a citizen or a legal person, other than a state body or a state organization (hereinafter – an applicant) free of charge.

Ecological information of general purpose shall be provided by the ecological information owner within 10 working days from the date of its request.

If the request to provide ecological information of general purpose does not satisfy the requirements of Article 74-6 of this Law, the ecological information owner shall notify an applicant in writing about the information that is not available in the request within 3 working days.

Ecological information of general purpose shall be provided in the form, amount and content that are specified in the request for ecological information of general purpose, and if the ecological information owner has no technical facilities to provide it in the enquired form and amount, it shall be provided in the available form and amount with an indication of relevant reasons.

If the request to provide ecological information of general purpose is related to the ecological information which is being processed and shall be provided or disseminated after its processing, in accordance with the procedures, established by the Republic of Belarus legislation, the ecological information owner shall notify an applicant in writing within 5 working days from the date of the request and indicate terms and procedures for possible receipt of such information.

If an applicant for ecological information of general purpose is a legal person, other than a state body or state organization, or an individual entrepreneur, the state body or other state organization, which has received the request and which is competent to satisfy this request shall independently enquire ecological information from the ecological information owner and notify an applicant in writing within 5 working days from the date of the request.

Provided that the request to submit ecological information of general purpose has been received from the state body or other state organization, the ecological information owner, in line with Part 6 of this Article shall provide the requested information within 10 working days from the date of its request or inform, within 3 working days, about the rejection to provide such information and specify the reasons for such rejection in accordance with the procedures, established by this Law and other legislative acts of the Republic of Belarus.

The state body or other state organization which, in accordance with Part 7 of this Article, have received ecological information of general purpose, shall provide this information to an applicant within 1 month from the date of the

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applicant’s request. If the ecological information owner has informed about the rejection to provide ecological information of general purpose, the state body or other state organization inform an applicant about it within 3 working days and specify the reasons for rejection.

Provided that it is outside the terms of reference of the competent authority of the state body or other state organization to satisfy a request to submit ecological information of general purpose, they shall refer it, within 5 working days from the date of the request, to other state body or state organization, competent to satisfy such a request and notify an applicant about it in writing.

If the requested ecological information is classified as specialized ecological one, the ecological information owner shall, within 5 working days from the date of request to provide ecological information, propose to establish an access agreement to specialized ecological information with an applicant and inform on essential terms and conditions of such agreement.

An applicant shall not be obliged to specify the reasons for their interest in obtaining ecological information.

If the ecological information owner has reasons, in accordance with this Law and other legislative acts of the Republic of Belarus, for rejection to provide ecological information, they shall inform the applicant, within 3 working days in writing about the rejection to provide ecological information, specify the reasons for rejection and explain the terms and procedures to appeal a decision.

Rejection to provide ecological information may be appealed to the superior state body or other state organization (superior official) and/or to the court.

Article 74-5 Procedures for Specialized Ecological Information Provision

(introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) Specialized ecological information shall be provided to state organizations

and legal persons, other than state bodies and to citizens at a charge within the time limit and under the terms, specified in an access agreement to specialized ecological information. The charge for access to such information shall not exceed economically justified costs, related to the collection, processing and analysis of specialized ecological information.

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Article 74-6 Request to Provide Ecological Information

(introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) A request to provide ecological information shall include:

data on the ecological information owner (a name of the state body or other state organization, other legal person, a full name of an official or an individual entrepreneur);

data on the applicant (a full name and place of residence of a citizen, a full name of an individual entrepreneur, their registration number and a name of the registering body, a name and place of residence of a legal person);

specification of the requested ecological information to determine its amount and content;

data on the form of ecological information provision. A request to provide ecological information shall be registered by the

ecological information owner on the day of its receipt.

Article 74-7 Dissemination of General Ecological Information

(introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) Ecological information of general purpose shall be subject to dissemination

by ecological information owners by means of its publication in printed editions, other mass media, on their official web-sites in the global computer network Internet or by other publicly accessible means, in accordance with the Republic of Belarus legislation on information and informatization.

The content of ecological information of general purpose subject to obligatory dissemination, the owners of such information, obliged to disseminate it and the periodicity of its dissemination shall be established by the Council of Ministers of the Republic of Belarus.

CHAPTER 13 EDUCATION, ENLIGHTENMENT AND SCIENTIFIC RESEARCH IN

THE FIELD OF ENVIRONMENTAL PROTECTION

Article 75 Education in the Field of Environmental Protection and Nature

Management (as worded in the Law of 22.12.2011 N 326-З) Education of citizens in the field of environmental protection and nature

management shall be ensured through the inclusion into curriculum documentation of educational programs, basics of environmental protection and nature management knowledge.

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Article 76

Requirements to Employees, whose Activity is Connected with Use of Natural Resources and Impact on Environment

Employees, whose activity is connected with use of natural resources and impact on the environment shall have requisite knowledge in the field of environmental protection, nature management and regularly enhance it. When appointing officials and specialists, in the course of their competence assessment and requalification process, the fact that they have requisite knowledge in the field of environmental protection shall be paid due regard to.

Article 77 Enlightenment in the Field of Environmental Protection

With the view of ecological culture development in citizens and fostering environmental friendliness, the enlightenment in the field of environmental protection shall be implemented through the dissemination of ecological information, including ecological safety data, as well as awareness of the ecological information content, the procedure for its collection, dissemination and provision to parties of a relationship in the field of environmental protection.

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) The enlightenment in the field of environmental protection, including the

provision of information to citizens on the Republic of Belarus legislation in the field of environmental protection shall be carried out by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, Republican bodies of State administration, bodies of local government and self-governance, public associations, mass media, as well as healthcare institutions, museums, libraries and other cultural establishments, nature protection institutions, sports and tourism organizations and other legal persons.


Article 78 Scientific Research in the Field of Environmental Protection

Scientific research in the field of environmental protection shall be pursued for the following purposes:

modernize the Republic of Belarus legislation on environmental protection; elaborate concepts, scientific prognosis, programs and measures on rational

(sustainable) use of natural resources and environmental protection; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З)

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elaborate rehabilitation programs for ecological risk areas, ecological crisis zones, ecological disaster zones, enhance means and methods of ecologically unfavorable territories restoration;

develop and improve indicators of a comprehensive assessment of the environmental impact, means and methods for their determination;

elaborate technologies in the field of environmental protection and rational (sustainable) use of natural resources;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) elaborate requirements in the field of environmental protection;

and other purposes in the field of environmental protection. Scientific research in the field of environmental protection shall be

performed in accordance with the procedures, established by the Republic of Belarus legislation on scientific activity.

CHAPTER 14

ECONOMIC MECHANISM OF ENVIRONMENTAL PROTECTION AND NATURE MANAGEMENT

Article 79

Elements of Economic Mechanism of Environmental Protection and Nature Management

Economic mechanism of environmental protection and nature management includes the following elements:

elaboration of state prognosis and programs of social and economic development of the Republic of Belarus with regard to rational (sustainable) use of natural resources and environmental protection;

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) financing programs and measures on rational (sustainable) use of natural

resources and environmental protection; (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З)

From 1 January 2016 the operation of Paragraph 4 of Article 79 was

suspended for 2016 in terms of financing of programs and measures on rational (sustainable) use of natural resources and the environmental protection at the expense of state trust budget funds for the Nature Protection (Paragraph 3 of Article 26, the Law of the Republic of Belarus of 30.12.2015 N 341-З).


suspended for 2015 in terms of financing of programs and measures on rational (sustainable) use of natural resources and the environmental protection at the

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expense of state trust budget funds for the Nature Protection (Paragraph 3 of Article 27, the Law of the Republic of Belarus of 30.12.2014 N 225-З).






suspended for 2012 (Paragraph 2 of Article 29, the Law of the Republic of Belarus of 30.12.2011 N 331-З).

establishment of funds for the nature protection; fixing payments for nature management; performing economic assessment of natural objects; performing economic assessment of economic activity and other activity

impacts on the environment; taking measures for economic incentive in the field of environmental

protection; compensation, in accordance with the established procedures, for the harm

caused to the environment; (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) ecological insurance; other measures directed at environmental protection.

Article 80

Territorial Complex Schemes, Programs and Measures on Rational (Sustainable) Use of Natural Resources and Environmental

Protection (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) With the view of long-term prognosis elaboration in the field of

environmental protection, territorial complex schemes of rational (sustainable) use of natural resources and environmental protection that define a set of

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activities directed at restoration, maintenance and enhancement of the environment, rational (sustainable) use of natural resources, preservation of natural ecological systems, biological and landscape diversity, natural complexes and objects, located in the highly protected natural areas, natural areas subject to special protection and biosphere reserve areas shall be developed.

(Part 1of Article 80 as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З)

Territorial complex schemes of rational (sustainable) use of natural resources and environmental protection shall be developed for particular areas with consideration of the National Ecological Networking scheme, the scheme for rational allocation of highly protected natural areas of national significance and regional schemes for rational allocation of highly protected natural areas of local importance.

(Part 1of Article 80 as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З)

The procedures for the development and approval of territorial complex schemes for rational (sustainable) use of natural resources and environmental protection, as well as their financing shall be established by the Council of Ministries of the Republic of Belarus.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Elaboration of programs for rational (sustainable) use of natural resources

and environmental protection shall be carried out across the board in the Republic within the borders of administrative and territorial units, as well as by economic sectors to create favorable environment on the basis of scientifically grounded combination of ecological, economic and social interests choosing the means of nature management, providing the minimum probable level of harmful environmental impact, prevention and reduction of adverse environmental effects of economic and other activity, as well as preservation and restoration of natural resources.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Elaboration of branch programs for rational (sustainable) use of natural

resources and environmental protection shall be carried out by appropriate Republican bodies of State administration and associations (establishments) subordinate to the Council of Ministries of the Republic of Belarus by agreement with the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Elaboration of measures for rational (sustainable) use of natural resources

and environmental protection shall be carried out on the basis of approved state programs for social economic development of the Republic of Belarus, state and branch programs for rational use of natural resources and environmental protection, Republican, regional and other complex schemes of environmental

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protection. The aforementioned programs and schemes shall be agreed with the Ministry of Natural Resources and Environment Protection of the Republic of Belarus or its territorial bodies.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Elaboration of programs and measures for rational (sustainable) use of

natural resources and environmental protection within the borders of administrative territorial units shall be carried out by the relevant local Councils of Deputes, executive and administrative bodies by agreement with the territorial bodies of the Ministry of Natural Resources and Environmental Protection.

(as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Legal persons and individual entrepreneurs involved in economic and other

activity that cause adverse environmental effects shall be obliged to plan, elaborate and carry out measures for environmental protection in accordance with the procedures, established by the Republic of Belarus legislation.

Article 81 Financing of Programs and Measures for Rational (Sustainable) Use of

Natural Resources and Environmental Protection (as worded in the Law of the Republic of Belarus of 06.05.2010 N 127-З) Financing of programs and measures aimed at rational (sustainable) use of

natural resources and environmental protection shall be provided at the expense of:







suspended for 2014 in terms of financing of programs and measures on rational

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(sustainable) use of natural resources and the environmental protection at the expense of state trust budget funds for the Nature Protection (Paragraph 2 of Article 27, the Law of the Republic of Belarus of 31.12.2013 N 95-З).





Republican and/or local budgets, including state trust budget funds for the

nature protection; (as worded in the Law of the Republic of Belarus of 31.12.2009 N 114-З) the paragraph was excluded from 1 January 2010. – The Law of the

Republic of Belarus of 31.12.2009 N 114-З; legal persons and individual entrepreneurs; citizens, including foreign ones; bank credits; foreign investments; other non-budget sources which are not prohibited by the Republic of

Belarus legislation and attracted to implement these programs and measures.

Article 82 Economic Incentives for Environmental Protection

Economic incentives for environmental protection may be carried out on the following basis:

(as worded in the Law of the Republic of Belarus of 13.06.2007 N 238-З) establishment by the President of the Republic of Belarus and/or Laws of the

Republic of Belarus, unless otherwise provided by the President of the Republic of Belarus, tax privileges and other preferences for separate categories of legal persons and individuals, provided that they comply with the regimes for protection and use of highly protected natural areas, natural areas subject to special protection and rational (sustainable) use by them of natural resources in the territory of transfer zones of biosphere reserves, as well as in introduction by

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legal persons and individuals of the best available technical methods, low-waste, energy- and resource-saving technologies, special equipment, reducing the harmful impact on the environment, in utilization of waste products as secondary raw-materials and carrying out other nature protection activity;


the paragraph was excluded. – The Law of the Republic of Belarus of 13.06.2007 N 238-З;

accelerated amortization of equipment and other objects designed for the environmental protection and enhancement.

The Republic of Belarus legislation may also establish other kinds of economic incentives for environmental protection.

Article 83 Nature Management Payments

(as worded in the Law of the Republic of Belarus of 13.06.2007 N 238-З) Public nature management is free of charge and special nature management

shall be executed on a paid basis, unless otherwise provided by legislative acts of the Republic of Belarus.

Payments for special nature management shall be taken in accordance with legislative acts of the Republic of Belarus in the form of taxes, duties (dues), other obligatory payments and rent.

The amount of rent rate for natural resources use, procedure, terms and conditions of its payment shall be determined in the lease agreement in accordance with the legislation on environmental protection and rational use of natural resources and civil legislation. In accordance with legislative acts of the Republic of Belarus, the Council of Ministers of the Republic of Belarus may establish minimum rent rates for use of individual natural resources.

Payments for special nature management shall not dispense the user of nature from the execution of measures on environmental protection and compensation for the harm, caused as the result of illegal use (extraction, mining) of nature resources and other harmful environmental effects.

Article 84 Funds for Nature Conservation

From 1 January 2016 the operation of Part 1 of Article 84 was suspended

in 2016 (Paragraph 3 of Article 26, the Law of the Republic of Belarus of 30.12.2015 N 341-З).

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for 2012 (Paragraph 2 of Article 29, the Law of the Republic of Belarus of 30.12.2011 N 331-З).

In order to finance state, branch and other programs and measures on

rational (sustainable) use of natural resources and environmental protection, as well as for other purposes in the field of environmental protection in the Republic of Belarus, Republican and, where provided by legislative acts of the Republic of Belarus, local funds for the Nature Conservation, which are state trust budget funds, shall be established.






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From 1 January 2014 the operation of Part 2 of Article 84 was suspended in 2014 (Paragraph 2 of Article 27, the Law of the Republic of Belarus of 31.12.2013 N 95-З).





Sources of state trust budget funds for the Nature Conservation may be as

follows: payments for special nature management unless otherwise provided by the

Republic of Belarus legislation; (as worded in the Law of the Republic of Belarus of 13.06.2007 N 238-З) funds received in compensation for the harm caused to the environment; (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) fines for the contamination of the environment, environmental abuse and

other infringements of the Republic of Belarus legislation on the environmental protection;

funds from the disposal of confiscated or in any other way turned into the state revenue of hunting, fish yield and other aquatic animal yield tools, as well as funds from the sale of illegally received with these tools products;

voluntary contributions of legal persons and individual entrepreneurs, including the foreign ones;

other funds in accordance with the Republic of Belarus legislation. From 1 January 2016 the operation of Part 3 of Article 84 was suspended




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Revenues and expenditures of the Republican Fund for the Nature

Conservation shall be approved by the legislation on the Republican budget for the next financial year. Revenues and expenditures of local funds for the Nature Conservation shall be approved by decisions of local Councils of Deputies on the budget for the next financial year. The procedure and allocation of Republican and local funds for the Nature Conservation shall be established by the Republic of Belarus legislation.


Out of voluntary contributions of legal persons, citizens and other sources, not contradicting the Republic of Belarus legislation and in accordance with the procedure, established by the Republic of Belarus legislation, public funds for the environmental protection aimed at the implementation of measures on the environmental protection and the development of ecological culture of citizens shall be established.

Article 85 Environmental Insurance

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) Environmental insurance is a civil liability insurance of legal persons and

individual entrepreneurs aimed at the property interest protection of citizens and organizations, as well as the Republic of Belarus and its territorial administrative units in the event of environmental harm.

Environmental insurance shall be carried out in accordance with the procedures, established by the Republic of Belarus legislation on insurance.

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CHAPTER 15 CONTROL IN THE FIELD OF ENVIRONMENTAL PROTECTION,

RATIONAL USE OF NATURAL RESOURCES (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

Article 86

Main Control Objectives in the Field of Environmental Protection, Rational Use of Natural Resources

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Control in the field of environmental protection, rational use of natural

resources shall be performed to ensure the implementation of the Republic of Belarus legislation in the field of environmental protection, compliance with the requirements in the field of environmental protection, as well as ensure environmental safety by Republican bodies of State administration, local executive and administrative bodies, legal persons and citizens.


22.01.2013 N 18-З.

Article 87 Control in the Field of Environmental Protection, Rational Use of Natural

Resources (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

Control in the field of environmental protection, rational use of natural resources shall be carried out in accordance with the procedures, established by the Republic of Belarus legislation on the control (supervisory) activity in the Republic of Belarus and by this Law.

Control in the field of environmental protection, rational use of natural resources shall be carried out by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, other specially authorized Republican bodies of State administration, the State inspection for the flora and fauna protection under the President of the Republic of Belarus, local executive and administrative bodies (hereinafter – the state bodies, exercising control in the field of environmental protection, rational use of natural resources) within the scope of their competence.

A list of officials of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, possessing the right to exercise control in the field of environmental protection and rational use of natural resources shall be established by the Council of Ministers of the Republic of Belarus.

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Article 88

Rights of Officials of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and Its Territorial Bodies

Exercising Control in the Field of Environmental Protection, Rational Use of Natural Resources

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Officials of the Ministry of Natural Resources and Environmental

Protection of the Republic of Belarus and its territorial bodies, exercising control in the field of environmental protection, rational use of natural resources within the scope of their competence, shall have the right to:

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) the paragraph was excluded. – The Law of the Republic of Belarus of

22.01.2013 N 18-З; draw up acts, based on the inspection results, as well as establish within

the scope of their jurisdiction the requirements (prescriptions), obligatory for the execution;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) in compliance with the Republic of Belarus legislation, draw up protocols on

administrative offences, get clarifications from the persons, brought to administrative responsibility in regard to the infringement of the Republic of Belarus legislation on the environmental protection, examine cases of administrative offences and impose administrative penalties for the infringement of the Republic of Belarus legislation on the environmental protection;

issue recommendations on corrective measures and the avoidance of defects, detected as the result of monitoring;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) the paragraph was excluded from 1 July 2008. – The Law of the Republic of Belarus of 21.12.2007 N 298-З; establish requirements (prescriptions) for suspension (prohibition) of

economic and other activity of legal persons and individual entrepreneurs, causing harmful effects on the environment;

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) draw up acts to establish the fact of adverse environmental impacts; (the Paragraph was introduced by the Law of the Republic of Belarus of

21.12.2007 N 298-З) the Paragraph was excluded. – The Law of the Republic of Belarus

22.01.2013 N 18-З; gratuitously obtain from legal persons and individual entrepreneurs the data

and documentation, necessary to exercise control in the field of environmental protection and rational use of natural resources;


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the Paragraph was excluded. – The Law of the Republic of Belarus 22.01.2013 N 18-З;

summon citizens to examine the facts of infringement of the Republic of Belarus legislation on environmental protection;

perform the inspection of personal belongings in instances and in accordance with the procedures, established by legislative acts of the Republic of Belarus;

confiscate illegally obtained objects of flora and fauna and products developed from them, as well as tools used in the production of these objects;

submit, in accordance with established procedures, the materials on checks performed, as well as other materials to relevant State bodies to tackle an issue of bringing to responsibility of individuals in breach of the Republic of Belarus legislation on environmental protection;

submit proposals on applying disciplinary measures to the employees in breach of the Republic of Belarus legislation on environmental protection;

in accordance with the procedures, established by legislative acts of the Republic of Belarus, deliver individuals, who have committed offences in the field of environmental protection, to law enforcement authorities.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) In cases of prevention, disclosure and suppression of offences in the field of

environmental protection, the officials of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies shall be eligible for material incentives in accordance with the procedures, established by the Council of Ministers of the Republic of Belarus.

Legislative acts of the Republic of Belarus may determine other rights of officials, exercising control in the field of environmental protection and rational use of natural resources.


Article 89 Administrative Functions of Officials of the Ministry of Natural Resources

and Environmental Protection of the Republic of Belarus and Its Territorial Bodies Exercising Control in the Field of

Environmental Protection, Rational Use of Natural Resources (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

Officials of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, exercising control in the field of environmental protection and rational use of natural resources shall be obliged to:


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timely and to the full extent exercise delegated powers on prevention, disclosure and suppression of infringement of the Republic of Belarus legislation on environmental protection;

Paragraphs 3-4 were excluded. – The Law of the Republic of Belarus of 22.01.2013 N 18-З;

inform citizens on the requirements of the Republic of Belarus legislation on environmental protection;

exercise functions provided by legislative acts of the Republic of Belarus. (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

Article 90 Responsibility of Officials of the Ministry of Natural Resources and

Environmental Protection of the Republic of Belarus and Its Territorial Bodies that Exercise Control in the Field of

Environmental Protection, Rational Use of Natural Resources (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

Officials of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, exercising control in the field of environmental protection and rational use of natural resources, shall bear responsibility in accordance with the procedures, established by the Republic of Belarus legislation, for cases of infringement of the Republic of Belarus legislation on the control (supervisory) activity in the Republic of Belarus.

Article 91 Appeal against the Actions (Inactions) of Officials of the Ministry of

Natural Resources and Environmental Protection of the Republic of Belarus and Its Territorial Bodies

Actions (inactions) of officials of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies may be appealed to the superior body (higher official) and/or to a court.

Article 92

Main Guarantees of Officials of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and Its

Territorial Bodies, Exercising Control in the Field of Environmental Protection, Rational Use of Natural Resources


Protection of the Republic of Belarus and its territorial bodies, exercising control in the field of environmental protection and sustainable use of natural resources

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in fulfillment of their official duties shall be representatives of state power and subject to state protection.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Any form of influence on the officials of the Ministry of Natural Resources

and Environmental Protection of the Republic of Belarus and its territorial bodies, exercising control in the field of environmental protection and sustainable use of natural resources that impede the fulfillment of their official duties, or interference with their activity shall be prohibited.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) State protection of the officials of the Ministry of Natural Resources and

Environmental Protection of the Republic of Belarus and its territorial bodies shall be provided in accordance with the Republic of Belarus legislation on the state protection of judges, officials of law enforcement and regulatory bodies and other legislative acts of the Republic of Belarus.

Article 93 Provision of Officials of the Ministry of Natural Resources and

Environmental Protection of the Republic of Belarus and Its Territorial Bodies, Exercising Control in the Field of

Environmental Protection and Rational Use of Natural Resources with Uniforms and Service Weapons


Protection of the Republic of Belarus and its territorial bodies, exercising control in the field of environmental protection and rational use of natural resources shall carry the right to wear uniform with rank badges, carry and use a service weapon in the pursuance of their official duties.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Provision with uniform and a service weapon, as well as the procedure for

carrying, use and keeping a service weapon shall be established by the Republic of Belarus legislation.

Article 94 Departmental and Industrial Control in the Field of Environmental

Protection and Rational Use of Natural Resources (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Departmental control in the field of environmental protection and rational

use of natural resources shall be exercised in accordance with the procedures, established by the Republic of Belarus legislation on the control (supervisory) activity in the Republic of Belarus and this Law.

Legal persons and individual entrepreneurs in the implementation of economic and other activity, causing adverse environmental effects shall be obliged to provide the execution of industrial control in the field of

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environmental protection and rational use of natural resources, including the determination of places for taking tests and measurements, in accordance with the procedures, established by normative legal acts of the Republic of Belarus, as well as technical normative legal acts.

The head of a legal person, whose economic or other activity cause harmful environmental effect, shall appoint an official responsible for exercising the industrial control in the field of environmental protection and rational use of natural resources and in case of necessity establish a division which shall exercise the industrial control in the field of environmental protection and rational use of natural resources.

The industrial control in the field of environmental protection and rational use of natural resources shall be exercised at its sole cost and expense, as well as other sources of financing in line with the instruction, elaborated and approved by a legal person or individual entrepreneur in accordance with the procedures, established by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

Article 95 Excluded.

(Article 95 was excluded. – The Law of the Republic of Belarus 22.01.2013 N 18-З)

Article 96 Analytic (Laboratory) Control in the Field of Environmental Protection

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Analytic (laboratory) control in the field of environmental protection

(hereinafter – analytic control) shall be exercised to perform the control in the field of environmental protection and rational use of natural resources.

Analytic (laboratory) control in the field of environmental protection shall include as follows:

sampling and measurements in the field of environmental protection; assessment of compliance with environmental quality standards; assessment of compliance with norms of acceptable emissions and

discharges of chemicals and other substances into the environment; assessment of effectiveness of environmental protection measures; comprehensive assessment of the environmental impact of economic and

other activities carried out on the basis of integrated environmental permits; assessment of the compliance of actual operating parameters of sewage

treatment plants and machinery with the parameters, approved as a part of design documentation;

assessment of compliance with waste management requirements; assessment of compliance with technical requirements to fuel composition; assessment of production control effectiveness in the field of environmental

protection and rational use of natural resources;

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assessment of compliance with other requirements and standards in the field of environmental protection and rational use of natural resources.

Sampling and measurements in the field of environmental protection shall be exercised by:

the authorized by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus subordinate organization which possesses accredited test laboratories (centers) in its composition;

the accredited test laboratories (centers) of legal entities and individual entrepreneurs.

The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies shall exercise analytical control in the field of environmental protection in line with Paragraphs 3-11 of Part 2 of this Article.

Sampling and measurements results in the field of environmental protection shall be documented in relevant acts and protocols in a format, established by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus. The protocol of measurements in the field of environmental protection shall constitute grounds for the ascertainment of compliance or non-compliance by legal entities and individual entrepreneurs with legislative requirements of the Republic of Belarus on environmental protection and the rational use of natural resources.

The procedures for the analytical (laboratory) control implementation in the field of environmental protection shall be established by the Council of Ministers of the Republic of Belarus.

Article 97

Ecological Audit Ecological audit shall be conducted to ensure ecological safety, as well as

determine ways and means of risk reduction of harmful effects on the environment of economic and other activity by independent checks for compliance with requirements in the field of environmental protection and other indexes, established by the Republic of Belarus legislation.

Ecological audit shall be conducted by legal persons and individual entrepreneurs in accordance with the procedures, established by the Republic of Belarus legislation. Persons conducting the ecological audit may render services in elaboration of solutions to enhance ecological production safety in places of objects subject to checks.

(as worded in the Law of the Republic of Belarus of 29.06.2006 N 137-З) Ecological audit of economic and other activity of legal persons and

individual entrepreneurs may be conducted on a voluntary or obligatory basis at sole cost and expense of legal persons or individual entrepreneurs.

In the course of privatization of enterprises as property complexes of state unitary enterprises and in other cases, established by this Law and other

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legislative acts of the Republic of Belarus, the ecological audit shall be conducted on an obligatory basis, in accordance with the Republic of Belarus legislation.


The procedures for conducting ecological audit shall be established by the Republic of Belarus legislation.

CHAPTER 16

LIABILITY FOR THE INFRINGEMENT OFTHE REPUBLIC OF BELARUS LEGISLATION ON ENVIRONMENTAL PROTECTION

Article 98 Excluded.

(Article 98 was excluded. – The Law of the Republic of Belarus of 10.11.2008 N 444-З)

Article 99

Liability for Infringement of the Republic of Belarus Legislation on Environmental Protection

Infringement of the Republic of Belarus legislation on environmental protection shall entail liability in accordance with legislative acts of the Republic of Belarus.

(Part 1 of Article 99 as worded in the Law of the Republic of Belarus of от 10.11.2008 N 444-З)

Bringing individuals to responsibility for infringement of the Republic of Belarus legislation on environmental protection shall not exempt them from the compensation for the harm caused to the environment and implementation of measures for its protection


Article 100 Suspension (Prohibition) of Economic and Other Activities Exerting

Adverse Effect on the Environment (as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З)

In case of infringement of the Republic of Belarus legislation, which creates a threat to environmental safety, as well as economic and other activities of legal persons and individual entrepreneurs that cause adverse effects on the environment may be suspended (prohibited) by a state body, exercising control in the field of environmental protection and sustainable use of natural resources, in accordance with the procedures, established by the Republic of Belarus legislation on the control (supervisory) activity in the Republic of Belarus.

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Public associations, implementing activities in the field of environmental protection and citizens shall have the right to bring a suit before a court to suspend (prohibit) economic and other activities that cause adverse effects on the environment, provided that the environmental protection requirements have been violated, environmental harm has been caused or a threat to environmental safety in the future has been created as the result of such activities.

Article 100-1

Resumption of Suspended (Prohibited) Economic and Other Activities of Legal Persons and Individual Entrepreneurs

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Resumption of suspended (prohibited) economic and other activities of

legal persons and individual entrepreneurs shall be carried out in accordance with the procedures, established by the Republic of Belarus legislation on the control (supervisory) activity in the Republic of Belarus.

Article 101 Compensation for the Harm Caused to the Environment and Establishment

of the Fact of Its Infliction (as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З)

The harm caused to the environment shall be subject to compensation in full, unless otherwise provided by this Article, on a voluntary basis or under the court decision by the person inflicted it.

The fact of environmental harm infliction, established as the result of control in the field of environmental protection and rational use of natural resources shall be recorded by the state body, exercising state control in the field of environmental protection in the act on establishment of environmental harm infliction which shall be drawn up in accordance with the procedures, established by the Council of Ministers of the Republic of Belarus.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) The act on establishment of the environmental harm infliction shall

include: information on the state body (official) which has established the fact of

environmental harm infliction (a name and a registered address of the state body, a full name and a position of the official);

time, place, circumstances of environmental harm infliction with a reference to normative legal acts, including technical ones and not observed;

measurement results in the field of environmental protection and rational use of natural resources (if done), ascertaining the fact of environmental harm infliction;

amount of compensation for the harm caused to the environment.

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The act on establishment of environmental harm infliction shall be signed by the official who has established this fact.

The fact of the environmental harm infliction, established by the state body in exercising the control in the field of environmental protection and rational use of natural resources shall not be subject to substantiation, but evidence to rebut may be submitted.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Measurements in the field of environmental protection and rational use of

natural resources, substantiating the fact of environmental harm infliction shall be conducted in line with Article 29 of this Law.

The fact of environmental harm infliction may be established by the bodies of inquiry, preliminary investigation, the public prosecutor’s office or other state bodies, which do not exercise the state control in the field of environmental protection, in accordance with the criminal procedure legislation, the execution procedure legislation on administrative offences and other legislation of the Republic of Belarus.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Claims for the harm caused to the environment and resulted in its

pollution shall not be submitted by the state body, exercising state control in the field of environmental protection unless the amount of such compensation exceeds 3 base values.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) If economic and other activities, exerting adverse effects on the

environment and causing environmental harm, threaten to inflict environmental harm in the future, the court shall be entitled to oblige legal persons or individual entrepreneurs not only to compensate the environmental harm, but also to suspend until the established infringement has been eliminated, or prohibit such activities.


Article 101-1

Amount, Methods and Terms of Compensation for the Harm Caused to the Environment

(introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) The amount of compensation for the harm caused to the environment shall

be estimated in accordance with fixed rates for the compensation amount estimation for the environmental harm, established by the President of the Republic of Belarus and in the absence thereof – at actual costs on the disturbed environmental state restoration, with consideration of losses incurred, including lost profits.

Procedures for the compensation amount estimation for the environmental harm shall be established by the Council of Ministers of the Republic of Belarus.

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The harm caused to the environment may be compensated by a person inflicted it, by restoration of the disturbed environmental state at their sole cost and expense, in accordance with the instructions of the state body, exercising control in the field of environmental protection and rational use of natural resources, contained in the compensation claim for the harm caused to the environment, or under the court decision with regard to underlying circumstances. The amount to be paid for the disturbed environmental state restoration shall not be less than the compensation amount for the harm, estimated in accordance with fixed rates for the compensation amount estimation for the harm caused to the environment.

(as worded in the Law of the Republic of Belarus of 22.01.2013 N 18-З) Restoration of the disturbed environmental state at the expense of a person,

inflicted environmental harm, shall be exercised within the time limits, established in orders of the state body, exercising control in the field of environmental protection and rational use of natural resources, which appear in a claim for the harm caused to the environment or in the court decision, in accordance with the Republic of Belarus legislation, necessary to restore the disturbed environmental state.


Article 101-2

Compensation for the Harm Caused to the Environment as the Result of Carrying Out Ecologically Dangerous Activities

(introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) Legal persons and individual entrepreneurs, engaged in ecologically

harmful activities, shall compensate the harm caused to the environment as the result of such activities unless they prove that the harm has been caused as the result of a force majeure event.

In case of environmental harm as a result of activities that meet the criteria for being referred to economic and other activities that have adverse effects on the environment, as well as to environmentally hazardous activities, before the state registration in the field of environmental protection of legal entities and individual entrepreneurs engaged in it, the Court may impose obligatory indemnification on the given persons, in accordance with Paragraph 1 of this Article.

Article 101-3

Claims for the Harm Caused to the Environment (introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З)

Before bringing a claim for the harm caused to the environment before a court, the state body exercising control in the field of environmental protection and rational use of natural resources, other state organization submit, within its

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jurisdiction, a claim for the harm caused to the environment to the person which has inflicted it.


The claim for the harm caused to the environment shall contain: information on the state body which has submitted the claim (a name and a

registered address of the state body); information on the person who has inflicted harm (a full name and a place

of residence, a full name of an individual entrepreneur, their registration number and a name of the registering body, a name and a registered address of a legal person);

circumstances, the claim submitted by the state body is grounded on, with reference to normative legal acts, including technical ones, which have not been observed;

calculation of the amount of the harm caused to the environment, methods and terms of its compensation, requisites of the bank account the environmental harm compensation shall be transferred to.

If the harm caused to the environment is subject to the monetary compensation, the indemnity period shall not exceed 2 months from the date of submission of a claim.

The claim for the harm caused to the environment shall be adjoined with the act that establishes the fact of environmental harm.

Article 101-4 Claims for the Harm Caused to the Environment

(introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) Provided that a claim for the harm caused to the environment has not been

fully or partially allowed, the state body that exercises control in the field of environmental protection and rational use of natural resources, other state organization, within the scope of its authority, or the public prosecutor shall institute a claim for the harm caused to the environment.

(as worded in the Laws of the Republic of Belarus 10.11.2008 N 444-З, от 22.01.2013 N 18-З)

Limitation of actions does not apply to a claim for the environmental harm. Nevertheless, claims instituted on the expiry of a three year period from the date of the environmental harm establishment, shall be allowed within the period not exceeding three years prior to submission of a claim for the environmental harm.

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Article 102 Compensation for Harm to Life, Health and Property of Citizens, Property

of Legal Persons and Property Owned by the State Caused as the Result of Adverse Effects on the Environment

(as worded in the Law of the Republic of Belarus of 21.12.2007 N 298-З) Harm to life, health and property of citizens, the property of legal persons

and property owned by the state, caused as the result of adverse environmental effects shall be subject to full indemnification, in accordance with the civil legislation of the Republic of Belarus, by a person inflicted it.

Harm to life, health and property of citizens, the property of legal persons and property owned by the state, caused as the result of transboundary effects on the environment shall be compensated in accordance international treaties of the Republic of Belarus in the field of environmental protection.

Article 102-1

Compensation for Ecological Harm by a Person Insured their Liability (introduced by the Law of the Republic of Belarus of 21.12.2007 N 298-З) Legal persons and individual entrepreneurs who have insured their civil

liability for the environmental harm, in accordance with the procedures, established for the environmental insurance, shall compensate the difference between insurance payments and the amount and extent of harm caused to the environment unless the insurance indemnity is sufficient for the full compensation of the harm caused to environment.

Article 103 Settlement of Disputes in the Field of Environmental Protection Disputes in the field of environmental protection shall be resolved by the

Ministry of Natural Resources and Environmental Protection of the Republic of Belarus or its territorial bodies and/or by a court in accordance with the procedures, established by the Republic of Belarus legislation.

CHAPTER 17

INTERNATIONAL COOPERATION IN THE FIELD OF ENVIRONMENTAL PROTECTION

Article 104

International Cooperation in the Field of Environmental Protection The Republic of Belarus shall maintain international cooperation in the

field of environmental protection in accordance with generally accepted principles and norms of international law and international treaties of the Republic of Belarus in the field of environmental protection.

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The Republic of Belarus shall be a party to international cooperation in the field of environmental protection in accordance with the Republic of Belarus legislation.

Article 105 Treaties

(as worded in Laws of the Republic of Belarus of 13.06.2007 N 238-З, of 10.11.2008 N 444-З)

If an international treaty of the Republic of Belarus establishes other environmental standards than those provided by this Law, the norms of the international treaty shall be applied.

* unofficial translation *

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Documents

ON ENVIRONMENTAL PROTECTION · 1 LAW OF THE REPUBLIC OF BELARUS No. 1982-XII of November 26, 1992 ON ENVIRONMENTAL PROTECTION (as worded in the Laws of the Republic of Belarus of