Accepted at the thirty fifth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the Resolution of October 28, 2010, No. 35-12

MODEL LAW

About environmental impact assessment

Chapter I. General provisions

Article 1. Purpose of this Law

The purpose of this Law is creation of the system of environmental impact assessment harmonized with the international standards for establishment of general procedure for evaluating impact on the environment in interrelation with conducting the state environmental assessment and accounting of classification of objects of environmental impact assessment by the ecological importance and completeness of assessment.

Article 2. Terms and determinations

For the purposes of this Law the following terms and determinations are applied:

impact on the environment - any effects of the planned economic and other activity for health and safety of the population and the environment, including flora, fauna, the soil, air, water, climate, landscape, historical monuments and other material objects or interrelation between these factors, and also effects for the cultural heritage or social and economic conditions which are result of change of these factors;

the customer (the initiator of the planned economic and other activity) - the physical person or legal entity which received powers on implementation of economic and other activity and bearing responsibility for preparation of documentation on the planned economic and other activity including assessment of impacts on the environment, according to the normative requirements imposed by the state to this type of activity;

competent authority - the state body (bodies) appointed by the state as the actionee of the functions covered by this Law and (or) body (bodies) to which the state assigns the powers on decision making concerning the planned economic and other activity;

the report on results of evaluating impact on the environment of the planned economic and other activity - the component of the project documentation containing information on the purposes of implementation of the planned project, on alternative versions of this project, data on state of environment in the territory where the project, about possible negative effects of project implementation for health and safety of the population and the environment and measures for their prevention will be realized;

environmental impact assessment (EIA) - type of activity on identification, the analysis and accounting of direct, indirect and other effects of impact on the environment of the planned economic and other activity for the purpose of decision making about opportunity or impossibility of its implementation;

the planned economic and other activity - designing, construction, reconstruction, expansion, modernization, upgrade, change of profile of production, its liquidation and other activities which can make negative impact on the environment;

the project - documentation containing information on the purposes and tasks of realization of the planned economic and other activity including other types of intervention in natural conditions and landscape, including production of mineral minerals - primary natural resources;

persons of law on ecological information - physical persons and legal entities of the state, the foreign citizens and stateless persons, foreign legal entities wishing to have ecological information.

Article 3. Impact valuation principles on the environment

The environmental impact assessment is based on the principles:

- presumptions of potential ecological danger of any planned economic and other activity;

- obligation of evaluating impact on the environment for any kinds of the planned economic and other activity which can make direct or indirect negative impact on the environment;

- obligation of evaluating impact on the environment before decision making about realization of object of assessment;

- obligation of accounting of requirements of ecological safety when evaluating impact on the environment;

- reliability and completeness of information provided in case of environmental impact assessment;

- scientific justification, objectivity and legality of the conclusions of environmental impact assessment;

- publicity, participation of persons of law on ecological information;

- the most complete accounting in each specific situation of opinion of persons of law on ecological information;

- responsibility of the customer (the initiator of the planned economic and other activity) for effects of implementation of project decisions.

Article 4. Scope and distribution of this Law

1. This Law extends to projects of the planned economic and other activity which can make direct or indirect negative impact on the environment, including capable to make cross-border pollution, including pollution of the adjacent territories.

2. Operation of this Law does not extend to types of activity which main objective is ensuring the homeland and international security or the single purpose of which is protection of objects and (or) the territories against natural disasters.

3. The situation of this Law is not affected by obligations of competent authorities to observe the restrictions imposed by national regulatory legal acts and administration orders and the accepted legislative practice concerning commercial and industrial confidentiality including intellectual property, and protection of public concerns.

4. Operation of this Law does not extend to the objects of economic and other activity put into operation before adoption of this Law.

Chapter II. The organization of activities in the field of environmental impact assessment

Article 5. Powers of public authorities

In the field of EIA treats powers of public authorities:

- acceptance of the regulatory legal acts regulating legal relationship in the territory of the state in the field of carrying out EIA and control (supervision) of their execution;

- establishment of classification of subjects to EIA by categories depending on complexity of object and nature of its impact on the environment;

- establishment of the differentiated requirements and procedure for implementation of the EIA procedure for objects of different categories;

- determination of competent authority;

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