RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 14, 2016 No. 1020

About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of October 25, 2011 No. 1426

According to the paragraph the second article 4 of the Law of the Republic of Belarus of July 18, 2016 "About modification and amendments in some laws of the Republic of Belarus concerning the address with flora objects" the Council of Ministers of the Republic of Belarus DECIDES:

1. Bring in the resolution of Council of Ministers of the Republic of Belarus of October 25, 2011 No. 1426 "About some questions of the address with flora objects" (The national register of legal acts of the Republic of Belarus, 2011, No. 123, 5/34663; National legal Internet portal of the Republic of Belarus, 23.05. 2013, 5/37271; 21:06. 2016, 5/42219) following changes:

1.1. in Item 1:

to exclude from paragraph two of the word "in settlements";

in paragraph three:

shall be replaced with words words of "carrying out compensation landings or implementation" "implementation of compensation landings or";

the word", replaced" to exclude;

1.2. The regulations on procedure for issue of permissions to the removal of objects of flora in settlements and permissions to change of objects of flora in settlements approved by this resolution to be reworded as follows (are applied);

1.3. The regulations on procedure for determination of conditions of carrying out compensation landings or implementation of the compensation payments of cost deleted, the replaced flora objects, approved by this resolution to be reworded as follows (are applied).

2. To the Ministry of Natural Resources and Environmental Protection, other republican state bodies, regional executive committees and the Minsk Gorispolkom till December 31, 2016 to take measures for implementation of this resolution.

3. This resolution becomes effective since December 31, 2016, except for Item 2, of its official publication which is becoming effective later.

The Resolution of Council of Ministers of the Republic of Belarus of October 25, 2011 is approved No. 1426

(in edition of the Resolution of Council of Ministers of the Republic of Belarus of December 14, 2016 No. 1020)

Regulations on procedure for issue of permissions to removal of objects of flora and permissions to change of objects of flora

1. This Provision determines procedure for issue of permissions to removal of objects of flora (further - permissions to removal) and permissions to change of objects of flora (further - permissions to change).

2. Receipt of permission to removal, permissions to change is required in the cases provided in part four of article 37 of the Law of the Republic of Belarus of June 14, 2003 "About flora" (The national register of legal acts of the Republic of Belarus, 2003, No. 73, 2/954).

3. For consideration of question of issue of permissions to removal, permissions to change, and also other questions of removal, change of objects of flora the local executive and administrative organ creates the commission on consideration of questions of removal, change of objects of flora (further - the commission) acting on the permanent basis which structure joins authorized representatives:

structural division of the local executive and administrative organ performing state powers of authority in the field of architectural, town-planning and construction activities in the territory of administrative and territorial unit;

the legal entity authorized by local executive and administrative organ in the field of gardening or the legal entity conducting forestry (further - the authorized legal entity);

other interested state bodies and other organizations.

The commissions can be also included representatives of the public associations performing activities in the field of environmental protection.

The chairman or the vice-chairman of local executive and administrative organ is appointed the commission chairman.

The operating procedure of the commission is determined by local executive and administrative organ taking into account this provision.

4. For receipt of permission to removal, permission to change legal entity or physical person, including the individual entrepreneur (further - the applicant), submits to local executive and administrative organ the application for removal, change of objects of flora (further - the statement) with indication of:

for the legal entity - its name, accounting number of the payer, the location;

for physical person - its surname, own name, middle name (if that is available), residences, including for the individual entrepreneur - accounting number of the payer;

expected bases for removal, change of objects of flora, their types (breeds), quantitative parameters (pieces, running meters, square meters) and places of their arrangement;

in case of change of objects of flora - the planned location of objects of flora after change.

Consideration of the applications is performed according to this Provision and the legislation of the Republic of Belarus on ministerial procedures.

5. When specifying by the applicant in the statement of data on availability of circumstances under which trees, bushes interfere with operation of buildings, constructions and other objects the local executive and administrative organ requests from the relevant organization authorized by local executive and administrative organ (further - authorized organization) the conclusion about confirmation of the circumstances interfering operation of buildings, constructions and other objects (further - the conclusion) which form is established by the Ministry of Natural Resources and Environmental Protection (further - Ministry for Protection of the Environment and Natural Resources). At the same time the circumstance interfering operation of roadside plantings is need of care of these plantings, replacements of trees of invaluable breed, plantings losing sredoobrazuyushchy, water preserving, protective, sanitary and hygienic functions.

The request of local executive and administrative organ about issue of the conclusion goes to authorized organization in writing with application of a copy of the statement within three calendar days from the date of receipt in local executive and administrative organ of the statement.

The inquiry specified in part two of this Item is not sent if are enclosed to the application:

conclusion;

the sheet of accounting of the deleted, replaced flora objects which is drawn up by the organization of the state road farm, the organization of rail transport public, with indication of information on the flora object everyone deleted, replaced (sequence number; breed, type; parameters (diameter of tree trunk at height 1, meter, the bush height, length of the bush growing in the form of green hedge, the land area of young growth (subsequent reproduction) of trees with diameter of trunk at meter 1,3 height to 1 cm (for trees of invaluable breed - to 4 cm), bushes); high-quality condition; the planned action (removal or change), the reason of removal or change; availability of nests of birds);

the scheme of arrangement of the deleted, replaced flora objects which is drawn up by the organization of the state road farm, the organization of rail transport public on which location and the sequence number corresponding to the sheet of the flora object everyone deleted, replaced are specified.

6. The authorized organization within five calendar days from the date of receipt according to part two of Item 5 of this provision of request constitutes the conclusion and sends it to local executive and administrative organ.

7. During the planned removal, change of trees, bushes in settlements the local executive and administrative organ within 10 calendar days from the date of obtaining from authorized organization of the conclusion provides carrying out public discussion of the draft decision about issue of permission to removal, permissions to change (further - public discussion) according to the procedure, established by Council of Ministers of the Republic of Belarus.

Questions of removal, change of trees, the bushes interfering operation are not submitted for public discussion:

the existing gas pipelines, oil pipelines (products pipelines), air and cable power lines and communication, thermal, water supply and sewer systems, railway tracks public, highways public, in the presence of the corresponding conclusion;

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