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Amendments To The Law "on Environmental Protection"

Original Language Title: Grozījumi likumā "Par vides aizsardzību"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on environmental protection" to do the law "on environmental protection" (the Republic of Latvia Supreme Council and Government Informant, 1991, 33./34.nr.) the following amendments: 1. explanation of terms used in the Act: to make the term "Habitat" explanation as follows: "Habitat-area, characterized by relatively uniform living and non-living nature.";
to make the use of the term "environment" explanation as follows: "environment-natural, anthropogenic and societal factors."
2. To replace the words "in article 1 of the Republic of Latvia" with the word "this" and turn off the words "for the protection of the environment".
3. in article 4: to make the title and first paragraph as follows: "environmental protection laws and regulations of the property rights of natural resources shall be governed by the laws and other regulations.";
replace the second paragraph, the words "the Republic of Latvia Law" with the words "rules, laws and regulations".
4. Supplement article 5 to paragraph 9 by the following: "-land."
5. To make article 7 by the following: ' article 7. Governments, the protection of the environment and use of natural resources and environment protection, Ministry of regional development and the other under their authority, supervision and responsibility in development and jointly with other public administration bodies and local authorities implemented a uniform environmental protection, natural resource conservation and rational use policies in the Republic of Latvia. "
6. in article 8: Express (4) and (5) the following: "-a supports the Latvian environmental protection fund laws and other regulations in accordance with the procedure laid down in the legislation;
-develop and submit proposals to the Cabinet on national nature reserves, national parks, regional nature conservation complex (System), heritage and other specially protected natural areas and objects; ";
turn off paragraph 6, the words "the Republic of Latvia".
7. To make article 9 as follows: "article 9. Competence of the Cabinet of Ministers of the environment and use of natural resources in the Cabinet of Ministers of the environment and natural resources: 1) participates in the environmental protection of the Republic of Latvia and the use of natural resources policy according to the environmental protection program;
2) confirm the ecological certification of the raw materials, materials, process and finished product list;
3) defines the ecological certification procedure;
4) determines the production and municipal waste collection, storage, disposal and the disposal of the national position of the landfill;
5) determine radioactive and toxic substance disposal landfill sites of national importance, as well as the location of the production, use, transport, storage and disposal procedures;
6) confirms the special dabsaimniecīb district boundaries, environmental protection and economic regimes;
7) this law and other laws and certain other features of the environment and use of natural resources;
8 submit bills for the Saeima) national nature reserve, a national park and biosphere reserve establishment and liquidation. "
8. Article 10: turn off in paragraph 3, the words "if necessary, form a centralized off-budget funds for the protection of the environment and use of natural resources";
turn off paragraph 4;
turn off paragraph 6, the words "the Republic of Latvia".
9. Article 13: turn off the introductory paragraph, the words "within its territory";
make paragraph 4 by the following: "-the Constitution and the other laws in order to participate in referenda on laws and bills relating to environmental protection and the use of natural resources, as well as the law and the draft law on the people's consultation";
make paragraph 6 by the following: "-to turn to the law enforcement bodies to cancel or suspend the national regulatory authorities and their officials ' decisions and ordinances adopted by ignoring citizens and social organizations of the rights and legitimate interests."
10. Replace article 14, paragraph 1, third paragraph, the words "in the ecology issues" with the words "the protection of the environment and use of natural resources".
11. Express article 15 the following: ' article 15. Consideration for human health, interests, and property damage caused by the citizens have the right to receive remuneration from the natural and legal persons for damage caused by them to public health, life or property interests with environmentally harmful action or inaction.
Requirements for reimbursement of a loss sustained by the Court in the civil procedure code of Latvia. These requirements are exempt from State fees. "
12. off article 17, the words "the Republic of" before the words "laws".
13. Replace the words "in article 18 of the Republic of Latvia Environment Protection Committee" with the words "Cabinet".
14. Replace article 19 the words "environmental protection of the Republic of Latvia, the Committee" with the words "Cabinet".
15. Article 20 be expressed as follows: "article 20. The use of natural resources and regulations limit the use of natural resources the total limits and regulations define the environmental protection and regional development, the Ministry of law and other laws. "
16. Replace article 21, the words "the Council of Ministers of the Republic of Latvia" by the words "the protection of the environment and regional development Ministry".
17. the express article 22 the following: ' article 22. The fee for the use of natural resources For the use of natural resources all natural and legal persons and natural and legal persons in charge of the Association of natural resource tax law and other laws. "
18. off 23.
19. Make the article 24 as follows: "article 24. Compulsory ecological insurance To natural or legal persons whose activities are dangerous to the environment, may adversely affect the environment and human health, endanger human life, as well as causing the loss of physical and legal interests of the persons and property, the subject of compulsory ecological insurance.
Ecological insurance arrangements shall be determined by the Cabinet of Ministers. "
20. Replace article 25 the words "environmental protection of the Republic of Latvia, the Committee" with the words "the protection of the environment and regional development Ministry and under its authority, and in monitoring".
21. the express article 26 and 27 the following: ' article 26. The production of dangerous chemicals, transport, use, storage and disposal of all natural and legal persons must comply with the hazardous chemicals (including plant protection products and fertilizers) production, transport, use, storage and disposal.
All natural and legal persons, taking into account the hazards of chemicals, the amount and the conditions of use or storage, followed the care and caution and must take the necessary measures to avoid endangering human lives, as well as damage to human health or the environment.
The Cabinet of Ministers may restrict or prohibit the chemicals production, import or use, taking into account national or international experience or scientific research results has reasonable grounds to believe that the chemical harms to human health or the environment or endangers human life.
New entry of harmful substances, production, use, storage and disposal of waste in the Republic of Latvia Cabinet of Ministers only.
27. article. Radioactive substances in the production, transport, use, storage and disposal of radioactive substances in the production, transport, use, storage and disposal procedures established by the Cabinet of Ministers. "
22. Replace article 28, the words "Republic of Latvia Ministry of health" with the words "Ministry of welfare".
23. Article 29: make second and third subparagraph by the following: "hazardous industrial and household waste, as well as very dangerous and hazardous environment pollutants should be collected, stored, and disposed to dispose specifically for this purpose, national ratings.
Particular spatial positioning of landfill sites of national importance is determined by the Cabinet of Ministers. ";
replace the fourth subparagraph, the word "Republic" with the word "country" on and off "the words" the Republic of Latvia ".
24. Article 30: to replace the title of the article and the text, the word "protection" with the words "protection zone";
to supplement the article with the third part as follows: "lines are designed for each specific case, regional planning, but, if not, are determined according to the laws and other legislation that the minimum widths."
25. Article 31 of the turn in the second paragraph, the words "in coordination with the environmental protection of the Republic of Latvia to the Committee".
26. Express article 32 second subparagraph by the following: "the protection of the environment and regional development Ministry of environment management expertise of the country governed by the law" on State ecological expertise "."
27. Express the name of Chapter 6 by the following: "Chapter 6. Nature protection ".
28. Make 33, 34 and 35 of the article as follows: "article 33. Especially protected natural areas Of specially protected natural areas are defined areas that have high importance of biological diversity, as well as a large scientific, aesthetic, cultural and recreational values.
Especially protected natural areas are established in accordance with the law "On especially protected natural territories".
34. article. Protection of species and habitats

All natural species and habitats are maintained to ensure the diversity of nature and natural filoģenētisko process.
In order to protect human health and safety, meet the urgent public interests, social and economic interests, to prevent damage (loss) environment, agriculture, fisheries and forestry (forestry), is a certain specific measures and methods and organisms of the species group management.
State specifically protects endangered and rare species and habitats both nationally and internationally, to meet their international treaty obligations, that Member State shall be the Republic of Latvia.
35. article. Environment and natural resources protection zone of protection of the environment and natural resources protection zones are set around the objects and areas that are significant from an environmental and natural resources protection and rational utilization point of view. "
29. Article 38 of the fourth turn.
30. Add to article 39 by the second part as follows: "increased danger object responsible parties must obtain the necessary information and to assess the potential risks to the environment and human health, risk of accidents and external factors, and to take all the required risk reduction and disaster prevention measures."
31. Replace article 40, second paragraph, the word "Republic" with the word "national".
32. Replace article 41, first paragraph, the word "Republic" with the word "national".
33. Article 44 of the expression by the following: ' article 44. State control of the environment and use of natural resources and environmental protection in the exploitation of natural resources State control laws and other regulations in accordance with the procedure laid down by the legislation carries out the environmental State Inspectorate, the regional environment administrations, the management of the marine environment, the national reserve and other specially protected natural areas of the State environment inspectorate.
Regional Environment administrations, the management of the marine environment, the national reserve and other specially protected natural areas of the environmental activities of the single national inspectors control in environmental protection and the rational use of natural resources in the State Environment Inspectorate monitors.
Environmental State Inspectorate's Statute approved by the Cabinet of Ministers.
Environmental protection of the Republic of Latvia, the main State Inspector is the State Environment Inspectorate's boss.
Region, the reserves and protected natural areas (hereinafter the region) an environmental protection officer is the main national environmental administrations, regional marine environmental management, national reserves, and other specially protected natural areas.
The State environment inspectorate is the State environment inspectorate, management of the marine environment, regional environment administrations, national reserves, and other specially protected natural areas, as well as the Inspector of marine environmental management masters of vessels carrying out State control over the protection of the environment and use of natural resources.
Environmental protection of the Republic of Latvia, the main State inspector may suspend or cancel the regional environmental inspectorates of key State decisions if they do not meet the requirements of the law.
The protection of the environment of the regions main State inspector may suspend or revoke the State environment inspectorate decisions if they do not meet the requirements of the law. "
34. To supplement the law with the 44.1 and article 44.2 by the following: ' article 44.1. The State environment inspectorate responsibilities public inspectors of environmental law in the form prescribed by the State control: 1) to the territory of the Republic of Latvia, the continental shelf and the Baltic Sea economic zone of the Republic of Latvia on natural and legal persons in respect of environmental protection and natural resource laws, standards, regulations and rules, as well as comply with environmental protection and the sustainable use of natural resources in the national programmes, plans , projects and other measures;
2) natural resource accounting, cadastre, pollutant emissions (discharges) environment;
3) all the way to the transport of dangerous goods regulations;
4) all the way to the garbage and organic residue collection, disposal, decontamination, and disposal of storage and safety rules;
5) chemical storage and use;
6) all the conditions for the use of natural resources and mining limit (quota);
7) the regime of specially protected natural territories;
8) fauna and flora of the exploitation rate, duration, number of measures introduced by acclimatisation, reaklimatizācij, crossover, marketing, collections, and other protection requirements;
9) environmental legislation requirements in the newly built construction object in space, as well as the expansion of existing ones, reconstruction, production capacity and pārprofilēšan.
The State environment inspectorate, there are other laws and legal obligations.
Article 44.2. Environmental State Inspectorate of environmental rights of the State inspectors have the right to: 1) to examine the environmental and natural resource laws, or rules of international law are respected in any object in the whole territory of the Republic of Latvia, except military significance, objects that need to view their Commander (boss) penalties;
2) hold in environmental law violators and if necessary (for clearance of the person), to deliver them to the police, the national guard or local government bodies in the service spaces;
3) view and check the environmental law violators personal effects, and vehicles, confiscation illegal obtained from natural resources and production, its mining tools and other trace evidence in the collection, storage, processing and marketing;
4) suspend or prohibit the reserves and other specially protected natural areas of work which are not provided for in the protection arrangements;
5) stop arbitrary or with the terms of use, rules, duration and other requirements related to non-compliance with the use of natural resources and other activities that are incompatible with the environmental laws and regulations;
6) make decisions, give opinions and make orders and regulations, draw up protocols (law), to examine the materials on the protection of the environment and use of natural resources in violation of the laws and, if necessary, to call for the perpetrators to administrative liability, or perform other acts and legislation;
7) in cases of non-compliance with environmental and natural resource law, suspend, discontinue or prohibit the perpetrator of the natural or legal persons, to annul or revoke proposing misappropriated or used by permission (license);
8) to bring claims against individuals in the event of the loss of environmental damage compensation;
9) to carry out their functions, to request and receive, free of charge from natural and legal persons in the information environment and use of natural resources;
10) laws and regulations in order to purchase, store, carry, used firearms and special means.
Environmental State inspectors have also other laws and legal rights.
Vehicles and ships, carrying out State control in environmental protection, uses the State environment inspectorate, the law prescribed can be equipped with special light and sound warning devices, color and graphic design. "
35. Article 45 of the turn in the second paragraph, the words "the Republic of Latvia".
36. Article 46 of the turn.
37. To replace the words "in article 48 legislative acts" with the words "the law".
38. To replace the words "in article 49 citizens and officials" with the words "persons".
39. To replace the words "in article 50 citizens and officials" with the word "persons".
40. To exclude article 51.
41. Make 52. and article 53 the following: ' article 52. Liability for damages caused in violation of environmental protection laws and regulations for Personal prosecution of administrative responsibility, criminal or disciplinary liability release him from the obligation to pay the damages suffered by the natural, human health and life, physical, and legal interests of the persons and property.
Natural and legal persons in violation of environmental laws and regulations, caused damage to nature, has a duty to restore the natural object. If a natural object restoration is not possible, the guilty person limit and reduce the damage, using the best available technology, and to pay with the natural object damage associated loss.
Remuneration for State and local government-owned natural objects in favour of the injury caused to the Latvian Environmental Protection Fund.
53. article. The environmental protection law and other laws and violations caused the loss compensation in environmental protection law and other laws and infringements of nature, human health and life, physical, and legal interests of the persons and property damage by certain calculation of loss suffered by taxi and approved methodologies.
If not approved for the calculation of the losses suffered by taxi and methodology, to nature, human health and life, physical, and legal interests of the persons and property damages calculated according to actual expenses laws and other laws. "
42. off 54. and article 55.
43. Make 56 and 57 of this article.:

"article 56. Requirements of the environmental protection law and other violations of the laws caused the loss of the right to submit compensation claims for environmental protection law and other violations of the laws caused the loss compensation are: 1) natural and legal persons of life, limb, or property loss suffered;
2) protection of the environment and the Ministry of regional development and monitoring of existing institutions and the Prosecutor, if the environmental protection of the injured State or public interests and property;
3) public organizations and movements, if the claim for compensation of loss caused is not submitted to the environmental protection and the Ministry of regional development and in monitoring or the Prosecutor.
Claims and losses suffered by the order of evaluation is determined by the Latvian civil procedure code and other laws.
Claims for loss of environmental damage compensation is not a limitation.
57. article. The order in which disputes the environmental protection and natural resource use conflicts and the protection of the environment and natural resources issues be settled by law and other regulations statutory authority or court.
Civil disputes in these matters in court. "
44. off 58. in the first paragraph, the words "the Republic of Latvia".
45. Add to article 59 of the text after the word "transferred" by the word "Latvia".
46. To make the 62 and article 63 as follows: "article 62. The participation of the Republic of Latvia to international environmental protection activities in the Republic of Latvia is participating in the international environmental organisations, as well as the Baltic Sea regional environmental Convention and is represented in international environmental organisations.
Article 63. Environmental pollution caused the loss compensation in other States of the Republic of Latvia pay the other countries as a result of environmental pollution damage under the international agreements concluded as well as the procedures for their implementation. "
47. Article 64 off the words "departments and agencies".
48. Replace throughout the text, the words "of the law of the Republic of Latvia Environment Protection Committee" (the fold) with the words "the protection of the environment and regional development Ministry" (fold), the words "the Council of Ministers of the Republic of Latvia" (folds) – with the words "Cabinet" (fold), the words "the Republic of Latvia Supreme Council" (folds) – with the word "Parliament" (fold), the words "the State ecological expertise" (folds) – with the words "environmental State inspection" (the fold) and the words "natural resources" (folds) – with the words "exploitation of natural resources" (fold).
Transitional provisions 1. Acknowledge with 1 March 1997 on unenforceable by the Republic of Latvia Supreme Council of 10 October 1990 decision "on the regulations of the Republic of Latvia" on the environmental State Inspectorate "validation" (the Republic of Latvia Supreme Council and Government Informant, 1990, no. 45).
2. With the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued regulation. 24 "amendments to the law" on environmental protection "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1997, no. 5).
The Parliament adopted the law of 22 May 1997.
The President g. Ulmanis in Riga on 11 June 1997, the