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On Amendments To The Federal Law "on The Internal Waters, The Territorial Sea And The Contiguous Zone Of The Russian Federation" And The Water Code Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О внутренних морских водах, территориальном море и прилежащей зоне Российской Федерации" и Водный кодекс Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law "On Inland Waters, Territorial Sea and Contiguous Zone of the Russian Federation" and Water Code of the Russian Federation Adopted by the State Duma on April 26, 2013 Approved by the Federation Council on April 27, 2013 Article 1 Article 1 Article 1 href=" ?docbody= &prevDoc= 102165168&backlink=1 & &nd=102054703 " "On the Inland Sea, Territorial Sea and Contiguous Zone of the Russian Federation" (Collection of Laws of the Russian Federation, 1998, No. 31, art. 3833; 2004, N 35, sect. 3607; 2008, N 49, sect. 5748; 2009, N 52, sect. 6440; 2011, N 30, sect. 4590, 4594; N 48, st. 6732; 2012, N 53, sect. 7612) the following changes: 1) Article 16 should be added to paragraph 5-2 as follows: " 5-2. In the case of inland sea waters and the territorial sea, the facilities provided for in paragraphs 4, 5 and 5 to 1 of this article may be used for dredging in inland seawater and in of the territorial sea, in compliance with the requirements of the Water Law, the legislation on environmental protection and the legislation on urban development, in accordance with the procedure established by the Government of the Russian Federation Federation, provided that these soils contain no harmful substances by the Government of the Russian Federation. "; (2) in article 34, paragraph 3, the words" wastes and other materials "shall be replaced by the words" the excavation of dredging works, in inland waters and in territorial waters ". by sea, as well as supporting other types of planned economic and other activities "; 3) in article 37: (a), in the second paragraph of paragraph 1," burial shall not be considered "to be replaced by the words" Burial of the soil extracted under dredging, inland and territorial waters The sea is not considered a dumping of waste. Burial is not considered to be "; b) in paragraph 2, after the words" other materials "should be supplemented with the words", except for the burial of the ground excavating dredging works ", the word" prohibited "should be replaced by the word" prohibited "; (c) should be supplemented with the following paragraph: " Landfilling of dredging works in inland waters and in the territorial sea is prohibited in the boundaries of specially protected natural areas and their protected areas, within the limits of the fisheries management areas of inland If the soil contains harmful substances, the list of which is determined by the Government of the Russian Federation in accordance with the international agreements of the Russian Federation. "; 4) supplement Article 37-1 as follows: " Article 37-1. Burial of the soil extracted under dredging, in inland seawater and in the territorial sea 1. Burial of dredging (hereinafter referred to as bottom) in inland waters and in the territorial sea is carried out in accordance with the international agreements of the Russian Federation and this Federal by law. 2. Burial of bottom soil in inland seawater and in the territorial sea is carried out on the basis of a permit issued by the federal executive authority authorized to carry out State environmental supervision and in the territorial sea. 3. The time limit for the issuance of a permit for the burial of dredths in inland sea waters and in the territorial sea (hereinafter referred to as the permit) shall not exceed eight months, including the duration of the State ecological expertise documents and (or) documentation justifying the dumping of dredging in the inland sea and in the territorial sea, and in the case of a decision on the provision of water facilities for selected areas of inland seawater and of the territorial sea in which the disposal of the bottom ground is planned, and the decision and (or) the positive conclusion of the State environmental review of these documents and (or) documentation are represented in the request for receipt (hereinafter referred to in this article-request)-thirty days from the date of receipt by the federal executive authority authorized to carry out State environmental supervision in the inland sea waters and in the territorial sea of a query. The time limits are to be extended by thirty days in the event of the federal executive authority referred to in paragraph 4 of this article and the comments relating to that authorization. 4. The draft resolution is subject to coordination with: 1) by the federal executive branch of the executive branch for the absence of a threat to the defence of the country; 2) by the federal executive authority exercising the functions of providing State services and management of State property in the area of maritime and river transport, in the absence of a threat to the security of navigation; 3) by the federal executive authority in the area of fishing in the absence of Management of protected areas in suspected areas of burial bottom ground in seawater and in the territorial sea. 5. A Russian legal entity or natural person (including an individual entrepreneur) interested in the burial of bottom soil in the inland sea and in the territorial sea (hereinafter referred to as the applicant) shall submit the request to A federal executive body authorized to conduct State environmental oversight in the domestic seawater and in the territorial sea, either directly or through a multifunctional centre for the provision of public and Municipal services (hereinafter referred to as multi-function centre). 6. The request must contain: 1) information about the applicant (name, surname, patronymic address, address of the place of residence, the identity document of the applicant-the individual) (including an individual entrepreneor, for whom also The data of the document confirming that it has been submitted to a single public register of individual entrepreneurs), the name, location and data of the document confirming the fact that the applicant has been provided with legal information a person in a single state register of legal entities); 2) characteristics of bottom soil: Total quantity (in tons or other units) and average of the estimated number of buried bottom ground, for example, one day, one day, one month, one year; state, properties (physical, chemical, biochemical and biological); contamination (quantitative and qualitative characteristics of substance contained in bottom ground); resilience, e.g. physical, chemical and biological; Accumulation and biotransformation in of biological materials and sediments; propensity to interact in the marine environment with other organic and inorganic substance dissolved in it; probability of the effect of colouring or other changes that reduce product the quality of fish and other products from aquatic biological resources; geographical coordinates of the area of extraction; 3) the characteristics of the area and the method of burial of bottom soil: location (s) Coordinates of the burial site, depth and distance from the shore); number of burials over a certain period, such as one day, one week, one month, one year; location relative to recreation areas, subsoil areas of the interior of the sea and territorial sea, areas of exploitation (catch) aquatic biological resources, fisheries conservation areas of inland sea waters and territorial sea; initial dissolution by the proposed disposal method; dispersion characterization (effects of currents, tides and winds on lateral movement and vertical mixing); characteristics of water (temperature, density, salinity, stratification, oxygen pollution, organic and mineral nitrogen, takeoff, nutrients, productivity); characterization of the day (topography, geochemical and geological characteristics of precipitation, biological productivity); the presence and effects of other burials that were made in the burial site of bottom soil (data on heavy sites) metals and organic carbon); 4) Landfilling conditions: possible impact on recreation areas (turbidity, unpleasant odour, discolouration and discolouration); possible environmental impact, including on the marine environment, and on implementation Fisheries; possible impacts on other uses of the sea (degradation of water quality for industrial use, interference with shipping or fishing due to the accumulation of bottom soil on the seabed and the problem of protection of areas of of particular relevance for scientific purposes or for the conservation of the marine environment and natural resources the resources of the inland sea and the territorial sea); the disposal of soil burial methods on land; periods during which the bottom ground is planned to be buried; type (type) Vehicles that are expected to be used for the delivery of bottom ground to its burial site, method of dumping of bottom ground (loading of vessel in tons, method of removal of bottom soil from vessel, number of these actions per day, speed Removal of bottom soil in tonnes per day, volume of each of these actions in tonnes); 5) a programme for the observation of landfill sites and the state of the marine environment during the burial of bottom soil. 7. The request is accompanied by information on the existence of: 1) the positive conclusion of the State environmental review of documents and (or) documentation justifying the dumping of bottom soil; (2) of the decision on The provision of a water object for the use of certain areas of inland sea waters and territorial sea, in which the burial of the bottom ground is planned, if the presence of this decision is provided for by the legislation of the Russian Federation. 8. The information referred to in paragraph 7 of this article shall be transmitted to the federal executive authority authorized for the exercise of State environmental supervision in the domestic seawater and in the territorial sea, upon receipt by the claimant for the notification referred to in paragraph 16 of this article, unless it is provided as part of the request prior to the receipt of such notification. 9. The information referred to in paragraphs 2 to 5 of paragraph 6 of this article may be included in the request in accordance with the documents and/or documentation justifying the dumping of dredth. 10. Other documents and information shall not be required from the applicant for authorization, except for the documents and information referred to in paragraphs 6 and 7 of this article. 11. The federal executive authority, authorized for the implementation of state environmental supervision in the inland sea waters and in the territorial sea, requests documents and Information at the disposal of other State authorities, local authorities or their subordinate organizations and necessary for authorization, unless the applicant is represented on its own initiative documents and information. 12. Within three days from the date of receipt of the request, the federal executive authority responsible for the exercise of State environmental supervision in the inland waters and in the territorial sea shall notify the applicant of Receive the request and accept it. 13. Within five days from the date of receipt of the request, the federal body of the executive power, authorized to carry out state environmental supervision in the inland sea waters and in the territorial sea, sends the bill for approval permissions along with the copy of the query. The approval of such a project shall not exceed fifteen days from the date of its admission to the federal executive authorities referred to in paragraph 4 of this article. 14. In the event of non-derogating of the period established for the approval of the draft resolution of the comments from the federal executive authorities referred to in paragraph 4 of this article, such a draft shall be deemed to have been agreed upon. 15. In the event of receipt within the deadline for approval of the draft resolution of the comments from the federal executive authorities referred to in paragraph 4 of this article, the federal executive authority responsible for the implementation of the Environmental monitoring in the internal marine waters and in the territorial sea shall forward these observations within three days from the date on which they are received by the applicant for removal by registered notice of delivery. If they are not removed by the applicant within thirty days of receipt of the federal executive authority responsible for the exercise of State environmental supervision in the domestic seawater and in the territorial sea, refuses permission for the applicant to be notified within five days. In case of a request through the multifunctional centre, the notification of refusal is sent through the multifunctional centre. 16. After the approval of the draft resolution with the federal executive authorities referred to in paragraph 4 of this article and (or) in the case referred to in paragraph 14 of this article, the federal executive authority, The implementation of State environmental oversight in the domestic seawater and the territorial sea shall notify the applicant of the approval of the draft resolution within five days. 17. After receiving a favourable opinion of the State environmental review of the documents and/or documentation justifying the dumping of seabed soil in the inland sea and in the territorial sea, and (or) if The legislation of the Russian Federation provides for a decision to provide a water object for use in certain areas of inland sea and territorial sea, and the applicant shall provide information on the receipt of these conclusions and (or) Decisions of the Federal Executive Council on the implementation of State environmental oversight in the domestic seawater and in the territorial sea. 18. The Federal Executive Council, which is authorized to carry out State environmental supervision in the domestic seawater and in the territorial sea, within five days from the date of receipt of the information provided for in paragraph 17 of this article. The article provides the applicant with a permit. In case of a request through the multifunctional centre, the permit is sent through the multifunction centre. 19. The permit must contain: 1) information about the applicant to whom the permit is issued (name, surname, patronymic and address of the place of residence for an individual, including an individual entrepreneor, name and location with Specify the name, surname, patronymic of the manager for legal person); 2) number and date of issue of the permit; 3) the total number of dredtomes, in tonnes or other units of measure; 4) characteristics of the dumping of bottom ground (state, properties, contamination, geographical coordinates of the area of extraction); 5) geographical coordinates of the area of burial of bottom ground; 6) the periods during which landfilling is planned; 7) The method used for burial and characteristic of landfilling activity (loading of vessel in tons, method of removal of bottom soil from vessel, number of these actions per day, rate of removal of bottom ground in tons per day, volume of each of these (tons); 8) the duration of the permit. 20. Within three days from the date of the authorization, the federal executive authority responsible for the exercise of State environmental supervision in the internal maritime waters and in the territorial sea shall notify the federal authority of that authority. the executive branch in the field of security, the federal executive branch in the field of hydrometeorology and related fields, the federal executive authority authorized to conduct the public water registry, and and of the federal executive authorities referred to in paragraph 4 of this article. 21. The federal executive authority, authorized to carry out State environmental supervision in the domestic seawater and in the territorial sea, refuses to issue a permit if: 1) is not available The positive conclusion of the State environmental review of documents and (or) documentation justifying the dumping of bottom soil in the inland sea and territorial sea; 2) the provision of water facilities to individual areas in accordance with the conclusions of the federal executive authorities referred to in paragraph 4 This article, the burial of the bottom ground, poses a threat to the country's defence, the threat to the safety of navigation and (or) the area of burial of the bottom ground is within the boundaries of the fisheries preservation zones of inland sea waters and the territorial sea; 4) the comments of the federal executive authorities, Paragraph 4 of this article is not resolved within the time limit prescribed by paragraph 15 of this article; 5) the request is filed in violation of the requirements established by this Federal Act or the information referred to in paragraph 6, subparagraph 1. The present article is unreliable. 22. In order to protect and preserve the marine environment and natural resources of the internal marine waters and territorial sea by the federal executive authority authorized to carry out State environmental oversight in the domestic seawater and In the territorial sea, a register of sites of burial of bottom soil in inland sea waters and in the territorial sea (hereinafter referred to as the registry) is maintained. The permit shall be entered in the register within ten days from the date of issue of the authorization. The procedure for the establishment and maintenance of the register shall be established by the Government of the Russian Federation. 23. The applicant was required to: (1) bury the bottom ground as authorized; 2) to monitor the burial site of the bottom surface and the state of the marine environment in accordance with the monitoring programme and reporting in the form and in the manner approved by the federal executive body responsible for the formulation of public policy and regulatory environment in the field of environmental protection. environment; 3) to provide federal officials with The executive branch, which is authorized to carry out State environmental supervision in the inland sea and in the territorial sea, to have access to the vehicles used to deliver the bottom ground to the area burial, to present to the designated persons the documents under which the bottom ground is buried, and to provide the possibility of sampling or samples of the bottom surface intended to be buried; 4) to be transferred in accordance with the standard procedures of the World Meteorological Organization in the main international synoptic deadlines for the nearest Russian Meteorological and Hydrological Monitoring Centre of the Russian Federation, as well as data on marine pollution the burial site of the bottom ground (where appropriate equipment is available). ". Article 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2006, N 23, 100 2381; N 50, est. 5279; 2008, N 29, 100 3418; 2009, N 30, sect. 3735; 2011, N 1, st. 32; N 30, est. 4605; N 50, sect. 7359) the following changes: 1) Article 1 to supplement paragraph 12-1 with the following content: " 12-1) soil extracted from dredging, hydraulic works (hereinafter referred to as bottom soil)-the ground of the water object, Extracted in construction, reconstruction, operation of hydrotechnical and other facilities located on water bodies, establishment and maintenance of inland waterways of the Russian Federation, prevention of the negative impact of water and disposal its consequences, maintenance of the proper sanitary conditions of water of objects and the favourable state of the environment; "; 2) of article 31, paragraph 4, to supplement subparagraph 10-1 as follows: " 10-1) on the disposal of dredth in the seas or separate parts thereof; "; 3) add the following article 52-1: " Article 52-1. Use of water facilities for construction, dredging, explosive, drilling and other works Use of water facilities for construction, dredging, explosive, drilling, and Other works related to the change of day and coast of water bodies are carried out in accordance with this Code and other federal laws. "; 4) Article 56 to be supplemented with Part 8: " 8. The burial in the seas or their separate parts of the bottom shall be permitted in accordance with the international treaties of the Russian Federation and the legislation of the Russian Federation. "; 5) in article 61: (a) Part 1, after the words" in in addition to the requirements of "supplemented by the words" of water legislation ","; b) to be supplemented by Part 4, to read: " 4. Natural persons, legal entities carrying out construction, dredging, explosive, drilling and other works related to the change of the day and banks of water bodies are obliged to carry out activities for the protection of water bodies, to prevent their pollution and pollution. "; 6) in article 67: (a), in Part 1, replace" by legislation on protection of the population from natural and man-made disasters "with" protect populations and territories from emergency situations "; b) supplement Part 5, to read: " 5. The ground can be used to prevent the adverse effects of water in emergency situations and to eliminate the consequences of such situations in accordance with the procedure established by the Government of the Russian Federation, in accordance with Protection of the population and territories from emergency situations. ". Article 3 Article 2 (3) of the Federal Law From 30 December 2012 N 287-FZ " On making changes to Federal Law "On the continental shelf of the Russian Federation" and the Federal Law "On inland sea waters, territorial sea and adjacent zone of the Russian Federation" (Assembly of Russian Laws, 2012, N 53, sect. 7612), shall be deleted. Article 4 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin on May 7, 2013 N 87-FZ