LAW OF THE REPUBLIC OF BELARUS

of December 18, 2018 No. 153-Z

About modification and amendments in the Law of the Republic of Belarus "About flora"

Accepted by the House of Representatives on November 12, 2018

Approved by Council of the Republic on November 30, 2018

Article 1. Bring in the Law of the Republic of Belarus "About flora" of June 14, 2003 (The national register of legal acts of the Republic of Belarus, 2003, No. 73, 2/954; 2006, No. 122, 2/1259; No. 179, 2/1266; 2008, No. 275, 2/1541; 2010, No. 6, 2/1648; 2011, No. 59, 2/1811; National legal Internet portal of the Republic of Belarus, 25.01.2013, 2/2016; 21:07. 2016, 2/2400) following changes and amendments:

1. In Article 1:

to state the paragraph of the sixth in the following edition:

"the boulevard - the public developed planted trees and shrubs area with one or several rows of plantings located between lanes of vehicles of the street of the settlement;";

after the paragraph of the ninth to add Article with the paragraph of the following content:

"the trees, bushes which are in inadequate high-quality condition - and (or) bark on the most part of trunk is destroyed or fell down trees, bushes at which the quantity of the dried-out branches makes more than 50 percent;";

the tenth - the forty fourth to consider paragraphs respectively paragraphs the eleventh - the forty fifth;

in the paragraph the fifteenth to replace the words "flora objects" with the word "plants";

after the paragraph of the seventeenth to add Article with the paragraph of the following content:

"compensation actions - compensation landings or compensation payments of cost of the deleted flora objects;";

the eighteenth - the forty fifth to consider paragraphs respectively paragraphs the nineteenth - the forty sixth;

after the paragraph of the nineteenth to add Article with the paragraph of the following content:

"person in the field of gardening - the legal entity, the individual entrepreneur performing activities for creation and content of the plantings which are carrying out sanitary and hygienic, recreational, technical, cultural, esthetic or other nonagricultural functions and also the legal entity incorporating the structural division performing such activities;";

the twentieth - the forty sixth to consider paragraphs respectively paragraphs the twenty first - the forty seventh;

in the paragraph the twenty second the words "non-realization of compensation landings or compensation payments of cost of the deleted flora objects" shall be replaced with words "removal of objects of flora to the conclusion of the civil contract for implementation of compensation landings or implementation of compensation payments of cost of the deleted flora objects if the conclusion of such agreement or implementation of such payments are provided by this Law or other legal acts of the Republic of Belarus, or non-realization of compensation landings";

after the paragraph of the twenty fifth to add Article with the paragraph of the following content:

"cutting of trees, bushes - department from trees, bushes of their parts (shortening of branches, removal of branches and boughs) which is not attracting loss of life activity of these trees, bushes;";

paragraphs of the twenty sixth - to consider the forty seventh respectively paragraphs the twenty seventh - the forty eighth;

the twenty ninth to state the paragraph in the following edition:

"the planted trees and shrubs territory - the territory in which gardening is carried out and (or) the flora objects which are carrying out sanitary and hygienic, recreational, technical, cultural, esthetic or other nonagricultural functions grow;";

in the paragraph the thirtieth:

exclude the words "fallen or";

after the words "hanged on" to add the paragraph with words "buildings, constructions,";

to add the paragraph of the forty seventh with words ", and also department of the fallen trees of environment in which they grew".

2. In Article 2:

the second after figures "28" to add part with words ", 33-1 (regarding the city woods) and 38 (regarding the city woods)";

add Article with part eleven of the following content:

"The relations in the field of the address with the flora objects growing in borders of the parcels of land provided for collective gardening and country construction are regulated by the acts of the legislation of the Republic of Belarus regulating activities of gardening partnerships and country cooperatives, except for the relations specified in Articles 18, of 19, of 24, 26-28, 37 and 37-4 of this Law which are governed by the legislation of the Republic of Belarus on protection and use of flora.".

3. State Article 5 in the following edition:

"Article 5. Objects of the relations in the field of the address with flora objects

Objects of the relations in the field of the address with objects of flora are:

the growing plants formed by them populations, vegetable communities or plantings;

the withdrawn or remote plants, their parts and (or) waste products;

(derivatives) derivative of plants;

circle of growth of objects of flora;

the planted trees and shrubs territories;

rights to use by flora objects.

Provision of this Law if it does not provide other, are not applied in the relation:

the objects of flora growing in borders of the parcels of land provided to citizens for construction and servicing of the apartment house (the apartment in the blocked apartment house), maintaining personal subsidiary farm, truck farming, mowing, pasture of farm animals;

the objects of flora growing in borders of the parcels of land provided for collective gardening and country construction;

the objects of flora growing in borders of the parcels of land provided in private property to non-state legal entities, property to foreign states, the international organizations;

the objects of flora cultivated (which are grown up, cultivated) for the purpose of product receipt of crop production (including in fruit, fruit and berry gardens), in greenhouses, nurseries of wood, shrubby and other plants;

the objects of flora cultivated (which are grown up, cultivated) in reservoirs (cache-pot, flowerpots, boxes, tubs, etc.);

the wood and shrubby vegetation growing on lands of forest fund;

the objects of flora growing in places of burial.".

4. Second and third Article 6 to state parts in the following edition:

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