Assessment of impact (influence) to environment

The Law of the Republic of Tajikistan

ABOUT ASSESSMENT OF IMPACT (INFLUENCE) TO ENVIRONMENT

(Information of Supreme Council (Session) of the Republic  of Tajikistan, 2017 year, articles №7-8)

Adopted according to Council (Session) of representatives  of Supreme Council of the Republic of Tajikistan from 2016 year, No  (Information of Supreme Council (Session) of the Republic  of Tajikistan, 2016 year, articles ).

Supported with Decree of National council/session of Supreme Council of the Republic of Tajikistan from 2016 year, No (Information of Supreme Council (Session) of the Republic of Tajikistan, 2016-year, articles).

This Law will establish legal and organizational basics for evaluation of impacts to environment, its inter-relation with ecological state expertise, as well as the order/procedure of record- keeping and classification of objects of evaluation of impact to environment.

  • CHAPTER 1. GENERAL PROVISIONS
    • Article Main definitions
    • Article Legislation of the Republic of Tajikistan about evaluation  of impact to environment
    • Article Principles of  evaluation of impact to environment
    • Article The framework for action/validity of this Law
  • CHAPTER COMPETENCY AND AUTHORITY OF STATE BODY ON AREA OF EVALUATION OF IMPACT TO ENVIRONMENT
    • Article   Competency of the Government of the Republic of Tajikistan on the area of evaluation of impact to environment
    • Article Competencies of state authorized body on the area of evaluation of impact to environment
    • Article . Authorities of executive body of local state government, autonomous (self-management) organ of settlements and villages on the area of evaluation of impact to environment
  • CHAPTER THE ORDER OF CONDUCTING EVALUATION OF IMPACT TO ENVIRONMENT
    • Article  Compulsory/obligatoriness  of evaluation of impact to environment
    • Article  Subject (constructive entities) of evaluation of impact to environment
    • Article  Responsibility of subjects of evaluation of impact to environment
    • Article  Stages of evaluation of impact to environment
    • Article  Groups of objects of evaluation of impact to environment
    • Article  Official procedures for review of documents of evaluation of impact to environment in ecological state expertise
    • Article  Norms for belonging the activities of house-holding (economic entity) and other planned activities to objects of group «А»
    • Norms for belonging the activities of house-holding/economic entity and other planned activities to objects of group  «B»
    • Norms for belonging the activities of house-holding/economic entity and other planned activities to objects of group «C»
    • Article  Specific features of objects of evaluation belonging to group  «D»
    • Article  Types of impact and special sectors of environment, which will be considered during evaluation.
    • Article  Methodological provision of evaluation of impact to environment
    • Article  Document of evaluation of impact to environment
    • Article  Special features of evaluation of impact to environment and objects with extraordinary impact
  • CHAPTER V 4. PUBLIC ORGANIZATIONS AND EVALUATION OF IMPACT TO ENVIRONMENT
    • Article  Rights and liabilities of public organizations during conducting the evaluation of impact to environment
    • Article  Participation of public organizations in process of evaluation of impact to environment
    • Article  Access of citizens to information in process of conducting  evaluation of impact to environment
  • CHAPTER SUMMARY PROVISIONS
    • Article  Responsibility for non-observance/volation of requirements of this Law
    • Article  The order for implementing this Law

 

   CHAPTER 1. GENERAL PROVISIONS

 Article  1. Main definitions

In this Law the following main definitions will be used:

— evaluation of impact to environment — identification of possible impact of house-holding activity and other planned activities to environment, possible change of environment, as well as prediction of its future situation in order to make decision about possibility or impossibility of implementation of projected decisions;

— impact to environment  – consequences of house-holding activities and other planned activities for environment, have influence to health and security of population, to objects of the world of plants and animals, soil, air of atmosphere, water resources and land, climate, landscape, monuments of historical and cultural inheritage and other material objects or to their inter-relation, as well as to social and economical situation;

— house-holding activities and other planned activities  – construction, restoration, expanding, technical rebuilding, change of production direction, its liquidation and other types of activities, which can impact to environment;

— negative impact to environment – negative changing of situation of environment, which partially or fully happened on the result of influence of object of house-holding activity;

— the customer of house-holding activity and other planned activities  – individual or legal entity which is responsible for preparation of documents about house-holding activities and other planned activities, including evaluation of impact to environment;

—Authorized state organ on area of evaluation of impact to environment, (hereinafter – authorized state organ) – is an executive organ of state government, which is responsible for performance of authorities established by this law, and making  decisions related to house-holding activities and other planned activities on area of evaluation of environment;

— object of evaluation – house-holding activities and other planned activities, towards which would be implemented offccial registration of evaluation of impact to environment;

— report about results of evaluation of impact to environment – is an integral part of project documents, which have an information about the goals of implemention of envisaged/intended project, about alternative versions of implementation of this project, information about situation of environment in territories of implementation of the project, about negative possible sequences of implementation of project on health and security of population, to environment and natural objects, as well as measures about reducing and prevention of them;

—prior-project documents – documents which prove possibility and purposefulness of implementation of project and evaluation of its effectiveness, including the technical and economical feasibility.

  Article 2. Legiclation of the Republic of Tajikistan about evaluation of impact to environment

Legislation of the Republic of Tajikistan about evaluation of impact to environment is based on the Constitution of the Republic of Tajikistan, and consists of this Law, other legal-normative acts of the Republic of Tajikistan, as well as international legal acts which reocgnised by Tajikistan. 

 Article 3. Principles of evaluation of impact to environment

Evaluation of impact to environment is based on the following principles:

— The approximate risk of possibile ecological danger of house-holding activity and other planned activities;

— compulsory/obligatoriness of evaluation of impact to environment by house-hloding activity and other planned activities, which can cause direct or indirect negative influence;

— compulsory/obligatoriness of evaluation of impact to environment in the period of designing a draft of project;

— — compulsory/obligatoriness of considering the requiremenst about provision of ecological security during evaluation of impact to environment;

— Validity and completeness of information, which will be used during evaluation of impact to environment;

— Scientific feasibility and impartiality of results of conclusions about evaluation of impact to environment;

— free access to results of evaluation of impact to environment;

— Consideration of opinion of interested persons/parties;

— Responsibility of the customer of house-holding activity and other planned activities for negative sequences of implementation of the project.

  Article 4. The framework of validity/action of this Law

  1. The action of this Law will be implemented towards projects of house-holding activity and other planned activities, which can cause negative direct or undirect impact to environment.
  2. The action of this Law will not be implemented towards:

— projects of activities, which intended/directed for provision of national security and defence, as well as protection of population and territories from extraordinary situations with natural or men-made character/peculiarities;

— liabilities of related organs authorized for observance of restrictions, which according to legal-normative acts established towards commercial secret and confidential information of enterpeneurship entities, including intellectual property;

— objects of house-holding activity and other activities which drafted prior to adoption of this Law, and their construction is going on and/or given for explotation.

  CHAPTER  2. COMPETENCY AND AUTHORITIES OF STATE ORGAN ON AREA OF EVALUATION OF IMPACT TO ENVIRONMENT

Article 5. Competencies of the Government of the Republic of Tajikistan on area of evaluation of impact to environment

Competencies of the Government of the Republic of Tajikistan on area of evaluation of impact to environment include:

— participation on identification of main directions of state policy on area of evaluation of impact to environment; 

— adoption of legal-normative acts on area of evaluation of impact to environment;

— establishing the order of evaluation of impact to environment, classification of objects of impact to environment according to groups depending on peculiarity of their impact to environment, as well as norms that identify the level of danger of objects of planned activities to environment;

— identification of authorized state organ on area of evaluation of impact to environment;

— implementation of international cooperation on area of evaluation of impact to environment;

— implementation of other competencies, which envisaged by legal – normative acts of the Republic of Tajikistan.

Article 6. Competencies of authorized state organ on area of evaluation of impact to environment

To competencies of authorized state organ on area of evaluation of impact to environment included the following:

— implementsation of state policy on area of evaluation of impact to environment;

— development of legal-normative acts on area of evaluation of impact to environment and presenting them to Government of the Republic of Tajikistan;

— development of regulations, recommendations, methodological guides and other technical normative acts, which adjusting relationships on area of evaluation of impact to environment and their adoption according to established procedures;

— Ensuaring/proding the access of interested persons  to information about the results of evaluation of impact to environment;

— implementation of other competencies, which envisaged by legal – normative acts of the Republic of Tajikistan.

Article 7. Competencies of executive organ of local state government, autonomous (self-managing) organ of settlements and villages on area of evaluation of impact to environment

Executive organ of local state government, autonomous (self-mnging) organ of settlements and villages according to procedures established by legislation of the Republic of Tajikistan and on the frame of its competencies implement measures for organizing and conducting evaluation of impact to environment.

CHAPTER 3. THE ORDER/PROCEDURE FOR CONDUCTING THE EVALUATION OF IMPACT TO ENVIRONMENT

Article 8. Compulsory/obligatoriness of evaluation of impact to environment

  1. Developing and implementation of projects of house-hloding activity and other activities, which cause negative impact to environment are prohibited without conducting evaluation of impact to environment.
  2. Evaluation of impact to environment is compulsory towards a group of house-holding activities and other planned activities, which indicated in article 12 of this Law.

Article  9. Subjests (objects) of evaluation of impact to environment

Subjects/entities of evaluation of impact to environment are the following:

— authorized state organ;

— the customer of house-holding activity and other planned activities;

— сontractor/designer of prior-project and project documentations;

— organizations and specialists (sub-contactors) which are involved in conducting evaluation of impact to environment.

Article 10. Responsibilities of subjects/entities of evaluation of impact to environment

  1. Authorized state organ is respoinsible for timely, complete and impartially review of report (statement/presentation) about evaluation of impact to environment, prior-project and project documentations, which include results of evaluation of impact to environment.
  2. The Customer of house-holding activity and other planned activities is responsible for performance of following actions:

— organizing and conducting official procedures for evaluation of impact to environment;

— developing complete and authentic report about evaluation of impact to environment;

— considering ecological consequences and other consequences related to implementation of the project (during construction, rebuilding, expanding, technical rebuilding, explotation and liquidation of objects and complexes of house-hloding);

— investment on official procedures of evaluation of impact to environment and researches and searches related to it;

— submitting available information about ecological consequences of construction and explotation of similar acting objects, which collected thru sectoral monitoring, evaluation of natural and geographical  situation and post-project ecological assay/analysis to designer (contractor) of prio-project and project documentations;

— submission of report about evaluation of impact to environment in the component of prior-project and project documentations to ecological expertise;

— provision of execution conditions set during review of report about evaluation of impact to environment during the process of implementation of project (construction and its explotation).

  1. designer (contractor) of prior-project and project is reponsibile before the customer for execution of following actions:

— observance of stages of evaluation of impact to environment;

— developing report about evaluation of impact to environment, completences, feasibility/authenticity and qualitiness of achieved results.

  1. Organizations and specialists (sub-contractors) who involved for conducting evaluation of impact to environment are responsible before designer (contractor) of prior-project and project documentations for completeness, authenticity and quality of wotks, which will be performed according to contracts.

Article  11. The stage of evaluation of impact to environment

  1. Evaluation of impact to environment will be conducted step by step (systematically), considering stages of project designing for city-building and construction, according to procedures established by legislation of the Republic of Tajikistan.
  2. Evaluation of impact to environment includes the following stages:

— Stage 1 – interpretation and evaluation of condition/state of environment of territory, which conducted for the purpose of feasibility of selection of appropriate spot of land for placing the object;

— Stage 2 – prior evaluation of impact to environment, which conducted at the same time with technical and economical feasibility of project, and officialy registered in the form of statement about evaluation of impact to environment;

— Stage 3 – evaluation of impact, which conducted for purpose of complete and complex/multipurpose assay of possible sequences of implementation of project of house-holding activity and other activity, feasibility of alternative versions and development of draft outline (program) of managemnent of environment. Report about evaluation of impact to environment have to include description of technical salvation of prevention of situations of negative impact to environment. In this stage will be developed norms of exposure (conveying) of waste to air of atmosphere and water objects, emerge, collection and placing of hard and liquid wastes;

— Stage 4 – post-project assay/analysis, which conducted after one year of giving the object to explotation (launching/start of house-holding activity and other activities) for the purpose of confirming the safety for environment and correction of plan (program) for management of environment.

Article 12. Groups of objects for evaluation of impact to environment

  1. House-holding –activity and other planned activities related to essence of ecologoical impact, are divided/separated as an object of evaluation of groups «А», «B», «C» and «D».
  2. For types of house-holding –activity and other planned activities, which belong to list of groups «А» and «B», submission of statement about evaluation of impact to environment and declaration of liabilities about determined and envisaged measurements for protection of environment are compulsory for Customer of these activities.
  3. Statement about evaluation of impact to environment, suggested as well as in a cases when planned activities don’t have negative influence to environment or make positive influence.

Article 13. Official procedures for review of documents of evaluation of impact to environment in ecological state expertise

  1. Review of documents of evaluation of impact to environment in ecological expertise related to groups of objects of evaluation are accomplished in the period of 60 days.
  2. Decision about establishing related official procedures of ecological state expertise of documents for evaluation of impact to environment accepted by authorized state organ, not more than 10 working days after registration of submitted documents.
  3. The conclusion of ecological state expertise related to documets of evaluation of impact to environment are compulsory for execution by Customer of house-holding activity and other planned activities.

Article 14. Norms for considering the house-holding activity and other planned activities to objects of group «А»

  1. House-holding activity and other planned activitries will belong to objects of group “A” if:

— if object of evaluation makes huge scale negative impact to environment and/or  sanitary and hygiene conditions of population;

— if the object of evaluation makes direct impact to specially protected natural territories, which protected on the basis of ecological convention and other international agreements or have other international status;

— if the object of evaluation has direct impact to objects of historical and cultural heritage;

— if the object of evaluation has extraordinary impact.

  1. the objects of evaluation belonging to group “A” completely will be covered with evaluation of impact to environment. Report about evaluation of impact to environment in the component of project documentations as compulsory, according to legislation of the Republic of Tajikistan will be submitted to ecological state expertise.
  2. technical adjustment of issues for provision of ecological security of objects of evaluation belonging to group “A” will be implemented thru following principles:

— compulsory/obligatoriness of evaluation of impact to environment during making decision about implementation of house-holding activity and other activities, including making decision about declining the house-holding activity and other planned activities;

— possibility of negative influence of house-holding activity or other planned activities to environment are established according to normative requirements about provision of ecological security which set on technical reglaments;

— provision of reducement of negative impact of house-holding activity and other planned activities on the basis of usage of best available technology, considering the economically purposefulness of their implementation, wise usage of natural resources and observance of technical reglaments on the area of protection of environment.

Article 15. Norms for belonging the house-holding activity and other planned activities to objects of group “B”

  1. To group “B” belongs house-holding and other planned activities which cause predictable impact to environment and it is approved with results of assays accomplished earlier.
  2. during evaluation of impact to environment for objects belonging to group “B” will be considered the observance of best available technologies and related technological norms, which are established with technical reglaments.
  3. during evaluation of impact to environment for objects belonging to group “B” will be considered the following:

— the main indicators of house-holding activity and other planned activities (information about amount of product being produced or capacity, existence of cumulative long-term influence, the volume of use of natural resources, emerge of wastes, pollution and dangers for environment);

— location of object, considering the existence and vulnerability of costal zones, natural reservations (national parks) and other protected natural, historical and cultural territories, the essence of ecological impact, geographical expansion, its continuability and recurrence/repitition.

Article 16. Norms for belonging the objects of house-holding activity and other planned activities to objects of group «C»

  1. To objects of group “C” belong those house-holding activity and other planned activities which don’t have visible influence to environment and the result of this impacts should be approved with results of assays/analysis.
  2. In the documents, which will be submitted together with statement about impact to environment by objects of group “C”, will be evaluated the types of influence (exposure of waste to air of atmosphere and water sources, emerge and placement of hard and liquid wastes, sound and other types of impact), which are specific to this house-holding activity or other activities.

 Article 17. Pecularities of objects of evaluation belonging to group “D”

  1. to objects of group “D” belong house-holding activity and other planned activities, which cuase partial negative influence to environment and issues of recement of this impact are solved thru ingineering-technical measures.  
  2. the main condition for objects of evaluation of group “D” is a compliance of direction of activity to assignment of general plan of territory.

 Article 18. The forms of impact and sections of environment, which will be considered during evaluation.

  1. during evaluation of impact to environment will be considered the following forms of influence:

— direct impact – influence consisting of main types and planned activities related to it directly in the place of location of object/entity;

— indirect impact –  influence consisting of indirect (secondary) factors which will come out on the result of implementation of project;

— cumulative impact  – influence which has cumulative charcter and happens during the whole process of implementation of project.

  1. during the process of evaluation of impact to environmemnt, the influence to condition of following sections will be considered:

— the air of atmosphere;

— overground and underground waters;

— level and depth of water reservours;

— landscapes;

— land and soil resources;

— the world of plants and animals;

— ecological systems;

— the health condition of population;

— employment of population, the opportunity to study and use social infrastructures;

—objects of historical and cultural inheritage and other material values;

— other sections/details of environment or their compatment/complex.

Article 19. Methodological provision of evaluation of impact to environment

  1. Evaluation of impact to environment, will be conducted in accordance with procedures established by this Law and other legal and normative acts of the Republic of Tajikistan.
  2. Control over execution of requirements about conducting the evaluation of impact to environment, will be implemented by authorized state organ according to this Law and other legislation acts of the Republic of Tajikistan.

 Article 20. Document for evaluation of impact to emnvironment

  1. The document for evaluation of impact to environment is a report about evaluation of impact to environment by house-holding activity and other planned activities.
  2. Report about results of evaluation of impact to environment by house-holding activity and other planned activities is an integral document of project and constructional documents.
  3. report about evaluation of impact to environment by house-holding activity and other planned activities includes the following:

— compulsory information about Customer of house-holding activity and other activities;

— feasibility of the need for implementation of house-holding activity and other planned activities, feasibility of investment, technical and economical feasibility of project, as well as approvable part of working project and contract;

— description of existing situation of sections of environment until the launch of activities;

— goal and description of main indicators of project as a whole compartment and requirements towards its local placing;

— description of main indicators of production process, including types and amount of used materials and equipment thru indicating possible types of negative impact of planned activities to environment, volume and content of wastes, raw materials being used (resources taken from nature);

— evaluation of technologies being used from poin of view of its compliance to best available technologies and comparative technical and hygiene norms;

— information about alternative versions thru indication of main reasons for selection of project version;

— description of probable impact of activity to abiotic sections (geology and conditions of terrain, cimate, the condition of the air of atmosphere and water environment) and biotic (landscape, soil, world of plants and animals) environment, health of population, and social and economical conditions;

— description of sources and types of impact in the period of construction;

— indicating the unknown (unclear) impact of house-holding activity or other planned activities to environment;

—evaluation of ecological danger and other dangers which threatening the health of population;

— description of measures which intended for prevention and reducement of impact to environment, including suggestions about conducting ecological monitoring;

— project norms for wastes of polluting substitutes and placement of wastes in the environment, as well as norms for excavation of natural resources;

— feasibility of program for ecological control of production;

— ecological and economical evaluation of project, considering probable dangers, peculiarities and volume of compensation of damage caused to environment;

— materiasl about considering the opinion of citizens, which registered officially as protocols and includes conclusions about ecological sides of planned activities;

— indicating the problem about availability of information during evaluation of impact to environment;

— main conclusions from results of evaluation of impact to environment;

— brief description of information intended by this section for citizens;

— other information which needed for provision of completeness and reliability of report about evaluation of impact to environment.

  1. Component and content of documents about stages of evaluation of impact to environment twill be determined by authorized state organ.

Article 21. Pecularities of evaluation of impact to environment by objects having extraordinary impact

Evaluation of impact to environment by objects having extraordinary impact, will be conducted thru procedures determined by the Government of the Republic of Tajikistan, as well as by international legal acts that recognized by Tajikistan.

 CHAPTER 4. PUBLIC ORGANIZATIONS (ASSOCIATIONS) AND EVALUATION OF IMPACT TO ENVIRONMENT

Article 22. Rights and liabilities of public organizations during conducting evaluation of impact to environment

  1. Public organizations during conducting evaluation of impact to environment have the following rights:

—participate during the process of evaluation of impact to environment;

— address to authorized state organ about organizing and conducting public ecological expertise and public discussions of results of evaluation of impact to environment;

— address to court with complaint about compensation of damage to environment and protection of interests of citizens.

  1. Public organizations during conducting evaluation of impact to environment have the following liabilities:

— follow the requirements of legislation of the Republic of Tajikistan on area of protection of environment;

— facilitate for executive organ of local state government, and autonomous (self-managing) organ of settlements and villages on salvation of issues for protection of environment.

  1. public organizations have also other rights and obligations which established by legislation of the Republic of Tajikistan.

 Article 23. Participation of public organizations on process of evaluation of impact to environment

  1. Participation of public organizations on preparation and discussion of materials of evaluation of impact to environment will be provided by Customer as an integral part of process of evaluation of impact to environment.
  2. The executive organ of local state government and autonomous (self-managing) organ of settlements and villages will facilitate for participation of citizens in process of evaluation of impact to environment, according to procedures esyablished by this Law and other legal and normative acts of the Republic of Tajikistan.
  3. In order to provide the possibility for public organizations for participation in process of making decision about house-holding activities and other planned activities and considering their opinion, will be organized public consultations.
  4. The legal and normative acts of the Republic of Tajikistan will identify the procedure for participation of public organizations in process of evaluation of impact to environment.

Article 24. The access of citizens to information in process of conducting evaluation of impact to environment

  1. The authorized state organ compiles the official informing of citizens in appropriate stage of evaluation of impact to environment about projects belonging to groups “A”, “B”, “C”. At the same time will be envisaged possibility of conducting consulations and consideration of opinion of citizens.
  2. The official informing (providing awareness) of citizens includes the followiung:

— indicating the places for achieving/access to information and for conducting consultations;

— indicating types for informing (providing information) of community (including thru internet websites, post office, mass media, organaizing discussions, using pictures, tables, drawings/plans, diagrams and other means);

—identification of way and style of consulation with citizens (including in the form of discussion of written suggestions, results of population survey);

— setting timelines for appropraiate stages of evaluation of impact to environment.

  1. All information, including report, concusions of experts, technical and economical feasibility of projects, changes in projects, results of research, which belong to objects of evaluation of impact to environment, will be placed in the website of authorized state organ.
  2. After adoption of decision about issuing permission or declining implementation of project, the authorized state organ publishes/makes available the following information:

— the essence of decision;

— main facts/evidents and opinions which serve as the basis for adoption of this decision;

— description of main meassurements about prevention, reducemen,t and in a case if possible removing/eliminating the negative influence to environment during implementation of project.

  CHAPTER 5. SUMMARY PROVISIONS

Article 25. Responsibility for non-observance of requirements of this Law

Individual and legal entities will bear responsibility for non-observance/violence of requirements of this Law according to legislation of the Republic of Tajikistan.

Article 26. The procedure for implementing this Law

 This Law will start to be implemented after official declare and publication.

 

President of the Republic of Tajikistan

Emomali Rahmon

Dushanbe city, July 18, 2017 year, №1448