Act 50 Of The 2002 Environmental Law

Original Language Title: القانون 50 لعام 2002 قانون البيئة

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=16193&RID=-1&Last=10058&First=0&CurrentPage=12&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 50 of 2002

Environmental Law

President

Based on the provisions of the Constitution

And on what passed the People's Assembly in its meeting held on 16. 4. 1423 e and m 06/26/2002

Issued the following:



Door first

Definitions
Article 1


Meant the following terms, used in the application of the provisions of this law have the meanings indicated next to them:

- Board: The Board of Environmental Protection

- Minister: Minister of State for Environmental Affairs

- The Commission: The General Authority for Environmental Affairs

- Environment: environment in which neighborhoods lives of humans and animals and plants and smell the air, water and earth, and it affects the ocean

- Pollution of the environment: all the quantitative or qualitative change due to pollutants in the physical properties, chemical or vital to one or more of the elements of the environment and result in damage to threaten human health or his life and neighborhoods, or the health and safety of natural resources

- Environmental Protection: the systems and procedures that ensure continued environmental balance development and integration of a set and maintain a valid to enjoy life and take advantage of resources and property in the best sound environment

Part II

Goals / tasks
Article 2


Public Authority for the updated environment under Legislative Decree No. 11 of / 1991 / to the provisions set forth in this law
Article 3


Body juridical personality and financial and administrative independence and enjoying linked to the Minister
Article 4


The Commission aims to establish basic rules for safety and protect the environment from pollution and responsible for the following tasks in coordination and cooperation with the competent public authorities

1 / inventory of existing environmental problems and to participate in research and scientific studies needed to be addressed and seek to reduce the appearance of other environmental problems in the future

2 / public policy to protect the environment and to prepare the necessary national strategy, development and the development of plans and programs to be implemented within the framework of the general policy of the state put

3 / development of environmental public awareness through various means to publicize the importance of preserving the environment and the safety and health of their environmental resources

4 / measuring elements of the environment and follow it through the laboratories accredited by the Council and determines the style of laboratory evaluation and adoption

5 / preparation of specifications and standards of the elements of the environment and lay the foundations necessary to evaluate the environmental impact and procedures

6 / conducting research and studies on environmental affairs and support and evaluate the risks resulting from the use of various substances that threaten the safety of the environment

7 / monitoring of the environmental impact of the public and private entities activities to verify their compliance with the standard environmental specifications and standards approved

8 / instructions and put the necessary conditions and environmental specifications for agricultural, commercial, industrial, housing and development projects and other and related services to abide by them and adopted as part of the pre-conditions for the licensing of any of them or to renew its license

9 / lay the foundations of harmful substances and dangerous trading on the environment, classification, storage, transportation and destruction, disposal and determine what prevents them being admitted to the Syrian Arab Republic, according to a regulation issued under the provisions of this law


10 / lay the groundwork for the establishment of nature reserves and national parks and conditions and monitored according to the LCB and characteristics

11 / Work on the establishment and operation of environmental monitoring networks

12 / preparation of environmental data bank, organization and follow-up development

13 / preparation of environmental emergency plans

14 / publications related to the environment

15 / preparation of legislation and regulations and studies to preserve the environment of various elements and the style of development

16 / study of the causes of soil erosion and desertification and propose appropriate solutions

17 / take the necessary measures to prevent the introduction of any waste to the Syrian Arab Republic or landfilled where

18 / establish the instructions for the classification of waste and determine the degree of severity and mechanism of processed
Article 5


Body working to strengthen relations between the Syrian Arab Republic and the countries and international bodies and regional affairs in things and agreements related to environmental preservation organizations

Part III

Body Shaping and management
Article 6


The board of directors and director general of the Department
Article 7


Board of Directors consists of:

Minister - president

Director General of the Commission - a member and vice-president

Managers in the Central Administration of the Commission - members

Head of the trade union committee in the body - a member
Article
8

Board of Directors shall exercise all the actions that lead to the achievement of the objectives of the Authority within the laws and regulations in force and in particular

1 / propose regulations relating to the Authority and the proposal to amend the existing ones

2 / project proposal for the Authority's budget

3 / proposal for allocation of the body and its branches credits

4 / approve the recruitment of Arab and foreign experts and hired according to the regulations in force

5 / implementation of policy, regulations and decisions issued or approved by the Board

6 / follow up implementation of the tasks entrusted to the Commission provided for in Article 4, and the issuance of the necessary instruments to implement them
Article 9


Appointed by the Director General decree upon the proposal of the Minister of the campaign degree in environmental science, engineering, medical, chemical, or economic or legal
Article 10


Powers and functions of the Director-General:

1 / supervised by the Director-General directly on the functioning of the body and issue the instructions and administrative orders and follow up implementation of the resolutions of the Board of Directors and represents a public body in front of others and eliminate

2 / hold expenses and exercise the powers paymaster and liquidation in accordance with the provisions of the laws and financial regulations in force administrative nature public bodies

3 / submit to the Board of Directors at the end of each year a general report on the environmental situation in the Syrian Arab Republic

4 / propose naming the district and branch managers in the body and the minister issued a decree naming them all
Article 11


Financial resources consist of the body from the following:

1 / credits that monitor them in the state budget

2 / funds to support and protect the environment fund

3 / any other imports approved by the Prime Minister
Part IV

The minister
duties
Article 12


The minister as well as the terms of reference granted to him under this Act and laws and regulations in force following functions


1 / display of public policies and plans related to environmental protection projects on the Council

2 / monitor the implementation of the provisions of the laws and regulations relating to the environment

3 / formation of a technical advisory committee in agreement with the authorities concerned and define their functions

4 / formation of environmental sub-committees in agreement with the authorities concerned and define their functions

5 / supervise the technical aspects of the activity, administrative and financial authority and in order to promulgate the decisions and communications and instructions within the limits of the laws in force
Article 13


Minister is assisted in his work:

1 / administrative and technical device

2 / technical advisory committee is a full-time experienced represents public and private entities interested in environmental affairs
Article 14


Happen in a table attached statement of expenditure general budget of the state special branch and address of the Ministry of State for Environmental Affairs

Part V


Environmental Protection Council
Composition / duties
Article 15


1 / EPC happen and formed as follows:

Deputy Prime Minister for Services Affairs chairman

Minister of State for Environmental Affairs Vice President

Interior Minister member

Minister of Health member

Minister of Finance member

Minister of Agriculture and Agrarian Reform member

Minister of Housing, Utilities member

Minister of Electricity member

Minister of Oil and Mineral Resources, a member

Minister of Local Administration member

Information Minister member

Minister of Tourism member

Minister of Education member

Minister of Transport, a member

Minister of Social Affairs and Labor member

Minister of State in charge of the transfer and development of technology-member

Minister of Industry member

Minister of Irrigation member

Chairman of the State Planning Commission member

Head of the General Federation of Trade Unions member

Chairperson of the General Women's Union member

Engineers Association member

Prime Craftsmen Union member

President two industry Damascus and Aleppo two

Director General of the Commission members scheduled

Solves this Council replaced the Supreme Council for the safety of the environment provided for the formation of the Legislative Decree No. / 11 / for the year 1991
Article 16


1 / Board meets once every two months and whenever the need arises at the invitation of the president or his deputy in his absence and be legal if the meeting was attended by the majority of its members to be the President or his deputy and one of them

2 / The Board shall issue its decisions unanimously or by majority vote of those present and in the event of a tie likely side which was supported by President

3 / The Board may invite to attend the meetings of experts or advisers or any other person for the domestication of their opinions in matters before it without having the right to vote
Article 17


The Board shall have the following functions and powers:

1 / approve the policy to protect the environment and the national strategy and its plans and programs its own in the framework of the general policy of the State

2 / approval and adoption of the standards and specifications of the components of the environment and pollution standard

3 / approval of the regulations and the conditions that must be met in industrial installations and other activities that have a harmful effect on the environment or lead to a breach of its balance

4 / decisions to prevent or arrest or impose restrictions on the operation of any facility or activity sees it cause harm to the environment or an imbalance in the balance


5 / approval and adoption of instructions and decisions of the Executive and regulations necessary to implement the provisions of this Law and the regulations issued thereunder

6 / approval of the environmental disaster contingency plans

7 / consider matters relating to the environment presented by the Minister to the Council

8 / submit a report on the environmental situation annually to the Presidency of the Council of Ministers

Part VI

Support Fund and environmental protection
Article 18


1 / opens with the Central Bank of Syria, a special account in the name / support fund and environmental protection / wherein all donations, grants and funds provided by international organizations, bodies and Arab funds in addition to the State allocates the money to fund the support and protection of the environment and address environmental damage and remove effects and so on the annual budget of the Commission

2 / stir this account by the Minister and competent accountant administration combined
Article
19

1 / specialization mentioned in Article / 18 / calculation resources for the following purposes:

- The face of environmental disasters

- Experimental and pilot projects in the field of protection of natural resources and protect the environment from pollution

- The transfer of modern technologies for the purposes of environmental protection

- The financing of the first models of equipment and devices and terminals that address environmental pollutants manufacturing

- The establishment and operation of environmental monitoring networks

- The establishment of nature reserves in order to preserve the natural resources and wealth

- Financing necessary for the preparation of environmental programs and environmental impact assessment and the development of the rates required by the commitment to preserve the environment and standards studies

- Participating in the financing of environmental projects carried out by administrative units and municipalities

- Decontamination

- Other purposes, which aims to protect and develop the environment

2 / spin unspent funds at the end of the year to the following year
Article 20


/ 1 / liquidate and acted on expenses from the special account and referred to him under the orders of the liquidation and payment signed by the competent minister and the accountant and are subject to these disbursements to the Central Agency for Financial Supervision control in accordance with the laws and regulations in force

/ 2 / leads liquidation value and exchange orders and are moving the Special Account funds by checks or bank money orders signed by the minister and the competent accountant combined
Article 21


/ 1 / are granted the Ministry of State for Environmental Affairs financial authorizations decisions issued by the Minister of Finance and that the amounts supplied to the Special Account referred to in accordance with the provisions of Article / 20 / of the accounting system administrative nature issued Decree No. / 1811 / History - public bodies 26-8-1969- is the amount contained in the financial mandate an additional provision of the General Authority for environmental Affairs is in exchange limits on the purposes set out in Article / 19 / of the Act and spin unspent funds at the end of the year to the following year

/ 2 / are paid expenses paid from the special account referred to in Article / 18 / during the financial year under an order the liquidation and disbursement Total minister accountant issued based on the list with a total calculated on specified in the special account credits and taken valuable ordered liquidation and exchange revenue and expense | ||
Title VII

Liability and compensation for damage
Article 22



Taking into account the water pollution regional and international legal provisions on water resources the Authority in cooperation and coordination and to contribute with the competent authorities to preserve the environment from pollution laws and that

With respect to sectors related to water, air, soil, plant and animal biology and the marine environment
Article 23


/ 1 / The Authority shall, in agreement with the Minister of Justice schedule the names of experts in environmental affairs of the workers in the ministry or body can be the use of experts who specialize in environmental affairs of state workers who fulfill the conditions issued by the Minister to be hired to enter the places specified by the Authority them under the task order issued by the minister entitles them the right to inspect and request support police when necessary in order to adjust the irregularities related to this law, standards and specifications and requirements and other environmental regulations adopted by the Board and have their reports recipe Alillot organized by the Judicial police after approval of the Minister, may not enter the role housing uninhabited except with the permission of the public prosecution

/ 2 / puts the minister in agreement with the Minister of Justice schedule the names of experts in environmental affairs to be Hired exclusively in judicial expertise on environmental issues

/ 3 / leads experts before putting their names in the table following oath before the head of the Civil Court of First Instance in the province where they are center:

"I swear by Almighty God that I do my job with honesty and integrity and I promise to maintain the confidentiality of information"

/ 4 / determine the wages and compensation experts in paragraph / 1 / in accordance with the regulations in force
Article 24


Punished by a fine of a hundred thousand Syrian pounds to two million Syrian pounds owner of the establishment of industrial activity, economic or development or tourism or the service or responsible for management if rid of the Syrian Arab Republic from any type of solid waste, liquid or gaseous contrary to the provisions of this law and deserved punishment, whether to get rid of this waste Ptsrifaa or dropped or sink it or burn it or in any other manner in case of repetition the sentence of imprisonment be at least a month in addition to the fine specified in this article
Article 25


/ 1 / perpetrator punished any of the irregularities that are tuned in accordance with the provisions of paragraph / 1 / article / 23 / fine of ten thousand pounds to one million Syrian pounds and the penalty shall be doubled in case of repetition for the second time and in case of repetition for the third time and after serving imprisonment from two months to two years in addition to the fine doubling

/ 2 / the court may order the closure of the shop or establishment or institution in violation of the provisions under paragraph / 1 / article / 23 / and bind the offender to remove the violation within the period specified by him and fined not less than five thousand Syrian pounds and not more than ten thousand Syrian pounds for every day lag in which all removed after a specified period
Article
26

/ 1 / noise sources and specifications of the upper limit of those sources and a statement determine how to avoid or reduce them to a minimum allowable environmentally accordance with instructions issued by the Board


/ 2 / anyone who violates the provisions of paragraph / 1 / of this article and instructions issued thereunder shall be punished by a fine of ten thousand pounds to fifty thousand Syrian pounds and to imprisonment for a period not exceeding one month or either
Article 27


/ 1 / the owners of factories and facilities, workshops and activities that release polluting installers emissions them to prevent the spread of these pollutants, including the control of solid particles before emitted from the factory or establishment or workshop in the air to the extent allowed under the instructions issued by the Board for this purpose

/ 2 / Any person who commits any of the violations covered by the provisions of paragraph / 1 / of this article and has not removed within the period set by a Minister or by his authorized representative the Minister may, refer any violation to the courts and the Court issuing the decision to close the places mentioned and judged on the violator imprisonment for a period not exceeding one month and a fine of ten thousand pounds to fifty thousand Syrian pounds and order him to remove the violation within the period specified by him and fined a sum of five thousand Syrian pounds to ten thousand Syrian pounds for every day lag in it for a removable offense after limited duration to remove | ||
/ 3 / doubled the punishment stipulated in paragraph / 2 / of this Article in case the violation is repeated for the second time in the event repeated for the third time, and after spending three times as punishment
Article 28


Competent court consider the crimes that this law applies to urgently
Article 29


/ 1 / each of harm to the environment cause or neighborhoods are doing or by the third party of his or by the things that are in custody, whether intentionally or negligence or lack of precaution or insight or non-observance of laws and regulations is responsible towards the Commission for compensation directly to the Treasury account general of the State for the damage, estimated sufficiency body to restore the case because it was being mentioned Jabra collect compensation under the provisions of the public funds collection Law

/ 2 / is the responsibility stipulated in paragraph / 1 / of this article assumed
Article 30


Punishes all those who contributed or helped to cross the nuclear waste or radioactive to Syrian Arab Republic temporary arrest at least five years and a fine of three million Syrian pounds to ten million Syrian pounds and eliminated the death penalty if you enter this waste intent dumped or buried or sunk or burned or stored in the Syrian Arab Republic
Article 31


In case it is proved that the imported chemicals harmful to the environment than the importer is required to draw them by a decision of the minister is re-infringing material to the country of origin, such as re-course to what it was stipulated in Article / 29 / of the Act
Article 32


Penalties provided for not turning in the act of applying the most punishment of any other law

Part VIII

Transitional provisions
Article 33


The Minister may delegate some of his powers conservative stipulated in the laws and regulations in force
Article 34



Given facilities and activities based on the issuance of this law deadline of one year from the date of warning to adjust their positions with the provisions of this law, the Board may extend this period for an additional two years at most any of these facilities and activities, based on the request and the reasons justifying
Article 35


Each unless otherwise agreed text of this Law shall apply the provisions of Public Institutions Law No. / 32 / of / 1957 / and its amendments
Article 36


Verdicts contrary to this law be abolished wherever they appear
Article 37


Published this law in the Official Gazette

Damascus on 28/04/1423 AH 08/07/2002 AD

President
Bashar al-Assad