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Law No. 760 “On environmental protection”.

Country/Territory
Tajikistan
Document type
Legislation
Date
2011 (2017)
Source
FAO, FAOLEX
Subject
Environment gen., Land & soil, Water, Wild species & ecosystems
Keyword
Framework law EIA Environmental audit Environmental standards Non-governmental entity Hazards Protected area Education Liability/compensation Dispute settlement Protection of environment Ecosystem preservation Environmental fees/charges Public health Cultural heritage Local government Standards Soil pollution/quality Surface water Groundwater Recreational water use Sustainable development Freshwater pollution Pollution control Management/conservation Wild fauna Wild flora Environmental planning Policy/planning
Geographical area
Asia, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force on the date of its official publication.
Abstract

This Law establishes legal grounds of state policy in the sphere of environmental protection and is aimed at ensuring sustainable development, healthy and favorable environment, prevention of negative environmental impact, ecological safety and rational use of natural resources. The present Law regulates the relations connected with interaction of the society and environment, arising during the implementation of economic and other environmental impact related activities on the territory of the Republic of Tajikistan. The organizational basis of the state policy in the field of environmental protection shall be programs, strategies and plans for environmental protection developed by the authorized state body of the Republic of Tajikistan in the area of environmental protection and is approved by the Government. The following are subject to protection against pollution, spoilage, damage, depletion, destruction and economic and other activities by natural and legal persons: (a) land, subsoil, soils; (b) surface and underground water; (c) atmospheric air, the ozone layer of the Earth; and (d) fauna and flora, including forests all species of biodiversity, as well as genetic fund thereof. State nature reserves and buffer zones, state nature sanctuaries, nature sanctuaries, and national parks, dendrological parks, botanical gardens and forest reserves are subject to special protection. Other natural complexes and objects of special nature protection, scientific, historical, cultural, aesthetic, recreational, healthcare and environmental significance, including biosphere reserves and buffer zones, as well as rare or endangered wild fauna and wild flora species, natural habitats thereof shall be subject to special protection. Groundwater formation zones (river valleys, alluvial cones, pre-mountain shelves), rare geological discoveries (deposits) and mineralogical formations, paleontological objects and other subsoil areas of special scientific, cultural and other value, riparian zones and water protection zones (strips) of waterbodies and fishery reservoirs shall be subject to special protection in accordance with the procedure determined by the legislation of the Republic of Tajikistan. This Law establishes the competence of the government, authorized state bodies and local government in the field of environmental protection. It also establishes the rights and the duties of citizens in the field of nature management and environmental protection. Use of natural resources shall require payment of environmental fees. The Act consists of 17 Sections divided into 85 articles: (1) general provisions; (2) competence of state executive bodies in the sphere of environmental protection; (3) rights and duties of citizens, public associations and other non-governmental entities in the sphere of environmental protection; (4) economic regulation in the sphere of environmental protection; (5) rate setting of environmental standards; (6) environmental impact assessment and environmental audit; (7) ecological requirements applicable to location, construction and putting in operation of enterprises, edifices and works; (8) ecological requirements applicable to the functioning of enterprises; (9) environmental emergencies and disasters; (10) environmental statistics; (11) protected areas; (12) observation of the state of environment; (13) environmental control; (14) environmental audit; (15) environmental education; (16) liability, compensation and dispute settlement; and (17) conclusive provisions. Environmental protection system shall be intended a set of state programs and events, technical regulations of the authorized state body of the Republic of Tajikistan in the field of protection of the environment, infrastructure units and other elements, networks of institutions and organizations active in the field of the environment, regardless of the organizational and legal forms of ownership aimed at the implementation of state policy in the field of environment, united to solve common goals and objectives, increasing the contribution of this field in the socio-economic development of the country, ensuring environmental security and favorable environment for human beings. The basis of the organization of state policy in the field of environmental protection are regulatory legal acts of the Republic of Tajikistan, including concepts, programs, strategies, forecasts and environmental action plans. Protection from pollution, deterioration, damage, depletion, destruction and other negative impact of economic and other activities performed by natural and legal persons are subject: (a) land, its subsoil, soil; (b) - surface and underground waters; (c) atmospheric air, the ozone layer of the Earth; and (d) flora and fauna, including biological diversity, forests in all their species diversity, as well as their genetic fund. Implementation of decisions of the authorized state body of the Republic of Tajikistan in the field of environmental protection on issues, within its competence, is mandatory for natural and legal persons and they can be appealed in the manner prescribed by law. Citizens are obliged to: (a) protect and conserve the environment and natural resources; (b) assist the authorized state body of the Republic of Tajikistan in the field of environmental protection, local executive bodies of state power and local self-government bodies of settlements and villages in addressing environmental protection issues; and (c) comply with other requirements stipulated by the legislation of the Republic of Tajikistan. The use of natural resources by citizens to the detriment of the environment, violation of the rights and legitimate interests of other citizens, enterprises, institutions, organizations is not allowed. Environmental audits are carried out by independent auditors and auditing organizations in the form of initiative or mandatory environmental audit in the manner prescribed by law of Republic of Tajikistan, on the basis of an agreement with the customer.

Full text
Russian
Website
mmk.tj

References - Legislation

Repeals

Law No.905 of 1993 on environmental protection.

Legislation | Tajikistan | 1993 (2007)

Keyword: Basic legislation, Hazards, Education, Environmental audit, Environmental standards, Protected area, Enforcement/compliance, Offences/penalties, Dispute settlement, Legal proceedings/administrative proceedings, Liability/compensation, Standards, Protection of environment

Source: FAO, FAOLEX

Implemented by

Governmental Decree No. 553 “On environmental fees applicable to motor vehicles”.

Legislation | Tajikistan | 2017

Keyword: Emissions, Environmental fees/charges

Source: FAO, FAOLEX

Amended by

Law No. 1879 amending Law No. 760 “On environmental protection”.

Legislation | Tajikistan | 2022

Keyword: Protection of environment, Radiation, Hazardous substances, Hazardous waste, International trade

Source: FAO, FAOLEX

Law No. 1975 amending Law No. 760 “On environmental protection”.

Legislation | Tajikistan | 2023

Keyword: Protection of environment, Tourism, Protected area

Source: FAO, FAOLEX