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Law of Georgia on Environmental Liability (No. 244-IVMS-XMP of 2021)

Country/Territory
Georgia
Document type
Legislation
Date
2021
Source
FAO, FAOLEX
Original source
360150000.05.001.020241
Subject
Environment gen., Water
Keyword
Basic legislation Air quality/air pollution Biodiversity Liability/compensation Enforcement/compliance Resource/damage valuation Dispute settlement Environmental standards Financing Offences/penalties Polluter pays principle Pollution control Protection of environment Risk assessment/management Soil conservation/soil improvement Standards Freshwater pollution Water quality standards
Geographical area
Asia, Black Sea, Eastern Europe, Europe, Europe and Central Asia, Western Asia
Abstract

The purpose of this Law is the legal regulation of issues related to environmental damage based on the 'polluter pays' principle. This law regulates legal relations related to the prevention of significant environmental damage, the mitigation of environmental damage or significant environmental damage, the measures to be taken in the event of environmental damage (including the implementation of remedial measures, and compensation for environmental damage and significant environmental damage). This Law shall apply to cases that are regulated by the international treaties of Georgia, unless otherwise provided for by the same international treaties. The further provides for prevention/mitigation of significant damage; measures to be implemented in the case of damage/significant damage; assessment of damage and making decisions by the Department; remedial measures; determining remedial measures; determining compensatory/adequate remedial measures at a site adjacent to the damaged area or at an alternative site; participation of interested parties in the process of determining remedial measures in the case of significant damage; coordinating with the Agency a plan of remedial measures and making amendments to it; implementation of remedial measures and supervision over the fulfilment of a plan of remedial measures; financial security for the risks of environmental damage; main goals of the environmental programme and the administration of its funds; the source of financing of the environmental programme; implementing and supervising measures financed from the environmental programme; and administrative offences, administrative proceedings and criminal liability. Additionally, the Law provides for the criteria for determining significant damage, including to biodiversity, land, water, and also provides for the particularly hazardous activities for the environment.

Full text
English/Georgian
Website
matsne.gov.ge

References - Legislation

Implemented by

Resolution No. 347 of 2022 of Georgian Government on Criteria for Selecting Measures to Remedy Significant Environmental Damage by Responsible Person and Rules for Developing A Remedy Plan for Significant Environmental Damage

Legislation | Georgia | 2022

Keyword: Liability/compensation, Enforcement/compliance, Resource/damage valuation, Dispute settlement, Environmental standards, Offences/penalties, Polluter pays principle, Pollution control, Protection of environment, Risk assessment/management, Standards

Source: FAO, FAOLEX

Resolution No. 338 of 2022 of Georgian Government on Rules of Selection of Alternative/Adequate Measures for Remedying Significant Damage to be Taken on Nearby Territory of Damaged Areas or Other Territories

Legislation | Georgia | 2022

Keyword: Liability/compensation, Resource/damage valuation, Dispute settlement, Legal proceedings/administrative proceedings, Polluter pays principle, Pollution control, Risk assessment/management

Source: FAO, FAOLEX

Resolution No. 335 of 2022 of Georgian Government on Composition and Charter of Environmental Protection Programme Commission

Legislation | Georgia | 2022

Keyword: Resource/damage valuation, Governance, Institution, Liability/compensation, Polluter pays principle, Pollution control, Procedural matters, Risk assessment/management

Source: FAO, FAOLEX

Order No. 2-904 of 2022 of Minister of Environmental Protection and Agriculture of Georgia on Charter of Commission which Selects Alternative/Adequate Measures for Remedying Significant Damage to be Taken on Nearby Territory of Damaged Areas or Other Territories

Legislation | Georgia | 2022

Keyword: Liability/compensation, Resource/damage valuation, Dispute settlement, Legal proceedings/administrative proceedings, Polluter pays principle, Pollution control, Risk assessment/management, Governance, Institution

Source: FAO, FAOLEX

Order No. 2-932 of 2022 of Minister of Environmental Protection and Agriculture of Georgia on Composition of Commission and its Procedure to Discuss Measures for Remedying Significant Damage to Environment, as well as Rules for Participating Civil Experts in Planning Measures for Remedying Significant Damage to Environment and Alternative/Adequate Measures for Remedying Significant Damage

Legislation | Georgia | 2022

Keyword: Liability/compensation, Resource/damage valuation, Dispute settlement, Legal proceedings/administrative proceedings, Polluter pays principle, Pollution control, Risk assessment/management, Governance, Institution

Source: FAO, FAOLEX