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Law No. 328 on protected areas.

Country/Territory
Tajikistan
Document type
Legislation
Date
1996 (2002)
Source
FAO, FAOLEX
Subject
Environment gen.
Keyword
Protected area Cultural heritage Monitoring Environmental audit Education
Geographical area
Asia, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
The Law enters into force from the date of its official publication.
Abstract

The Law consists of 12 Sections composed of 41 articles dealing with the following matters: 1) general provisions (sect. 1, arts. 1-12); 2) the state nature reserves (sect.2, arts. 13-19); 3) the state natural parks (sect. 3, arts. 20-22); 4) the state game reserves (sect. 4, arts. 23-25); 5) the state natural monuments (sect. 5, arts. 26-28); 6) ecological and ethnographic zoning (sect. 6, arts. 29-30); 7) dendrological parks and botanical gardens (sect. 7, art. 31-32); 8) spa and nature resorts (sect. 8, arts. 33-34); 9) natural recreational areas (sect. 9, arts. 35-36); 10) organization of protected areas (sect. 10, arts. 37-39); 11) liability for the infringement of the regulation on protected areas (sect. 11, art. 40); 12) international agreements on protected areas (sect. 12, art. 41). Environmental protection shall be carried out by the application of the legislative, organizational and economic, technological and special arrangements including environmental protection at the territorial level that shall be carried out through the system of protected areas. The functioning of protected areas shall have the priority over the economic and the socio-economic interests of the society. The protected areas shall be classified as of the state, national and local importance. The following categories of protected areas shall be set: 1) the state nature reserves, including biosphere reserves; 2) the state national parks; 3) the state game reserves; 4) the ecological and the ethnographic areas; 5) the dendrological parks and the botanical gardens; 6) spa and resorts; 7) natural recreational areas (art. 2). The state register of protected areas shall contain data regarding the legal status thereof, their geographical position, statute, nature managers, quantitative characteristics, ecological, scientific, educational and cultural value (art. 11). Land, water, subsoil, vegetable and animal realm on the territory of the protected areas shall be transferred under the authority of nature and game reserves. Lease of land and other natural resources of the protected areas shall be prohibited (art. 13). The state nature reserves shall have the following functions: 1) conservation of biological diversity; 2) biological monitoring; 3) research; 4) environmental audit; 5) ecological education (art. 14). Acclimatization of animals and plants shall be prohibited on the territory of protected areas (art. 18). The state natural parks shall be classified as national parks and provincial parks. Their functions shall be: 1) conservation of natural complexes; 2) conservation of cultural heritage (art. 20). The ecological and the ethnographic areas shall be considered the areas inhabited by the indigenous population requiring special regime of nature management for the purpose of the conservation and reproduction of the biological natural resources and the traditional way of life of the aforesaid population (art. 29). The dendrological parks and the botanical gardens shall be considered the organizations set up for the purpose of conservation, study and enrichment of plants (art. 31). For the purpose of the conservation of natural and curative properties of spa and resorts the sanitary protection belts shall be set around them (art. 34). The natural recreational areas shall be considered protected areas or delimited water areas destined for the recreation of the population and tourism (art. 35).

Full text
Russian
Website
tabiat.narod.ru

References - Legislation

Amended by

Law No. 628 amending Law No. 328 on protected areas.

Legislation | Tajikistan | 1998

Keyword: Protected area, Institution

Source: FAO, FAOLEX

Repealed by

Law No. 786 “On protected areas”.

Legislation | Tajikistan | 2011

Keyword: Protected area, National parks, Cultural heritage, Biodiversity, Management/conservation, Registration, Classification/declassification, Basic legislation

Source: FAO, FAOLEX