Note Circular No. 001/cabmin/ecn-T/15/jeb/09 Of 2009-12-95 Relating To The Management Of Dangerous, Unhealthy, Or Inconvenient Establishments.
Original Language Title: Note circulaire n° 001/CABMIN/ECN-T/15/JEB/09 du 95/12/2009 relative à la gestion des Etablissements dangereux, insalubres ou incommodes.
Read the untranslated law here: http://www.leganet.cd/Legislation/Droit%20Public/SANTE/Note.001.15.12.2009.htm
Ministry of environment, Nature Conservation and tourism Note circular No. 001/CABMIN/ECN-T/15/JEB/09 05/12/2009 relating to the management of dangerous, unhealthy, or inconvenient establishments.
Despite the existence of the texts legal and regulatory management institutions dangerous., unhealthy or inconvenient including order No. 41/48, February 12, 1953, such as anticipates complemented to date, the order of application No. 001/CEC/DECNT/86 on 04 March 1986, order interdepartmental No. 006/CAB/MIN/ENV/05 and no. 108/CAB/MIN/end/05 of July 25, 2005 and circular n ° 0902/DECNT/ECB/79 01/12/1979 We do not stop to observe this area of frequent administrative blunders in taxation and the procedure for obtaining an operating licence.
To clean this sector and ensure a rational and efficient management of settlements dangerous, unhealthy, or inconvenient, based essentially on strict compliance with the regulations in the matter, environmental standards and required operating conditions, it is recalled and specified the following: i. classification are dangerous, unhealthy, or inconvenient establishments, under the provisions of order No. 41/48, February 12, 1953, classified into two categories namely:-the category institutions lb;
-Category II establishments.
II. jurisdiction articles 3 and 4 of order No. 001 sus recalled establish that: the lb category institutions fall within the exclusive jurisdiction of the Central Government and are managed by the management of the institutions human and Environmental Protection. Only the Minister of the environment, Conservation of Nature and tourism is responsible to issue the class Ib operating licence.
Category II establishments under the jurisdiction of the provincial coordination of the environment and Conservation of Nature and are managed by the Office monitoring continues to the environment. This category operating licence is issued by the Provincial Coordinator of the environment.
III. of the category of activities the order interdepartmental No. 006 touted sus says on the one hand the activities forming part of the LBS category whose operation is subject to prior permit duly issued by the Minister, and the other activities of category II licence is the responsibility of the provincial Coordinator.
IV. procedures procedures in the treatment of records d application for operating licence are as follows: 1. at the level of provincial coordination and urban Reception of applications for operating licences for class II under the registration number and where applicable, those of the class Ib.
Launch of the public notice for fifteen (15) days for each project to implement an institution dangerous, unhealthy, or inconvenient to solicit the opinion of the population;
Closing first surveys commodo and incommodo by minutes;
Transfer of all records of application for licences to operate the category institutions lb to the management of institutions human and Environmental Protection within twenty days following the closing of investigations of commodo and incommodo;
Signature of the operating licence for category II after a technical investigation for the data evaluation taxable to enable the recognition and the liquidation of the taxed of implantation and pay annual and their scheduling by the SUNBURST.
2. at the level of the management of the institutions humans and Protection of the environment approved lb category folders directly deposited by the operation and/or transmitted by the co-ordinations provincial or urban;
Made technical investigations, the analyses and approves directly or after cross-checking;
Notes and liquid settlement and pay taxes annual levied on settlements dangerous, unhealthy, or inconvenient category lb by note of taxation signed by Director and Chief of Service of human settlements and Environmental Protection;
Provides monitoring and control of operating conditions.
V. taxation for accurate and comprehensive taxation, the operation of a class establishment dangerous, unhealthy, or inconvenient is required to declare, before 31 March of each year, elements from the competent services of the administration of the environment that may need to verify the accuracy and sincerity data he provided, or without prior declaration of share of the operator initiate a mission of inquiry and control.
Provincial coordination of the environment cannot tax of right than do establishments in category II.
However, they are responsible to collect and collect data taxable category lb institutions installed in their respective provinces and to transmit, before end of June of each year, to the human settlements management and Protection of the environment for regular taxation.
Branch has the power to control and audit on-site data it transmitted prior to the establishment of the note by taxation.
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