Law 12 For 2012 State Ministry For Environment Law

Original Language Title: القانون 12 لعام 2012 قانون وزارة الدولة لشؤون البيئة

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4323&RID=-1&Last=10058&First=0&CurrentPage=3&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 12 in 2012 the State Ministry for the Environment Act the President of the Republic based on the Constitution issue: part one



The first chapter



(Definitions)



Article (1):



The following expression refers to the application of the provisions of this law on set out by each of them.



Council: the Higher Council for environment protection



Ministry: Ministry of State for the environment



Minister: Minister of State for the environment



Competent authority: the authority related to certain provisions of this Bill from outside the Ministry.



Directorate of environment: the Department responsible for Environmental Affairs in the province.



Environment: the Ocean they live in neighborhoods of human, animal and plant and include water, air and Earth and nature of materials and what affects it.



Elements of the environment: water, air and Earth and their live within it and its surroundings.



Environmental pollution: all quantitative and/or qualitative or qualitative change by contaminants in the physical or chemical characteristics or to one or more of the elements of the environment resulting in damage to human health, life and health of living organisms and plants and their lives and health and safety of natural resources.



Environmental protection: a collection of systems, procedures and means to ensure the continuity and stability of equilibrium and integration development environment and maintain a healthy environment suitable for enjoying life and taking advantage of natural resources and lack of degradation.



EIA: look at the environmental impact of a specific project or activity and behaviour in the light of the grounds and the procedures adopted.



Environmental development: is one of the pillars of sustainable development and to ensure preservation and development environment elements and use them permanently without exposing them to deteriorate or upsetting the balance between them.



Environmental degradation is changes in the elements of the environment and ecosystems caused by human activities or climatic changes, which reduces their value or distorts the environmental nature.



Hazardous substance "any material that is one of the qualities of a dangerous and potentially cause harm to the environment because of their chemical, physical or biological or radioactive.



Harmful substance: any substance or compound or simple mixtures or wastes, whether natural or manufactured are harmful to the environment or to any of its components.



Restricted substance: any substance prohibited all uses except for use in specific areas is allowed.



Chapter II



(Law)



Article (2):



The purpose of this Act is to establish the basic rules for the safety and protection of the environment from pollution and environmental development and determine the functions of the Ministry as well as the tasks undertaken in cooperation with the competent authorities to monitor the implementation of its provisions and the provisions of the laws and regulations on environmental matters in order to achieve these goals.



Chapter III



(Functions)



Article (3):



In order to achieve the aims of this law and taking into account texts and provisions related to maintaining the integrity of the environment and resources department the following tasks:



1. develop a vision and policy for environmental protection within the framework of the State policy and the preparation of the national strategy for development and the development of plans and programmes for the implementation and follow up in cooperation and coordination with the competent authorities.



2. preparing legislation and regulations and to preserve the environment studies with various components and methodology to protect and move towards a green economy in cooperation and coordination with the competent authorities.



3. inventory of existing environmental problems and conduct or participate in scientific research and studies to address and reduce environmental degradation product and strive to reduce the appearance of any other environmental problems threaten the potential damage to the environment taking advantage of relevant domestic and international studies.



4. control elements of the environment through their laboratories and laboratories that agrees to adopt the Council along the lines identified by the competent Committee comprising the ministries concerned and periodic assessment of the status and trend of pollution in the environment.



5. lay the foundations and procedures for EIA in cooperation and coordination with the competent authorities of the new developmental activities, including infrastructure projects and any agricultural or industrial facility or services follows its threat to the environment because of their size, nature or because of the pollutants released elements of the environment including facilities to be erected within cities and industrial zones and free zones, the Minister shall issue a list of projects and activities that are subject to this calendar is prepared in cooperation with the competent authorities the adoption of EIA study by the In the Ministry requirement for obtain permanent or temporary license for such projects, unless some exception for utmost necessities by the Council to adhere to the excluded compensation for damage caused by its action if it happens which is determined by the Council on a proposal from the Minister.



6. conduct strategic environmental calendar for plans, policies and programmes of work of the ministries.



7. regulations and environmental requirements for industrial installations and other activities which have a detrimental effect on the environment or that lead to the breach of their balance in cooperation with the competent authorities.



8. Select installations that require subjective including environmental management and laying the foundations for the work of this Department.



9. preparation of specifications and standards that must be met in each of the elements of the environment as uses in light of technological progress and the development of internationally accepted standards in cooperation with the competent authorities for adoption and as this exceeds the standards and specifications pollution.



10. the identification of criteria and indicators maximum allowable noise environmentally different confiscation in cooperation with the competent authorities.



11. identify harmful or hazardous materials on the environment and lay the foundations for rated and stored and traded, transported, destroyed, disposed of and determine what prevents entered them into Syrian Arabic Republic according to international environmental conventions and in partnership with the competent authorities.



12. the preparation of environmental emergency plans and pursue development and implementation in cooperation with the competent authorities.



13. control procedures for dealing with environmental pollution in the middle and followed up to ensure that this transition is not pollution or large.



14. control and inspection activities, environmental impact of public and private actors to verify compliance with environmental criteria and standard specifications and take action for infringing activities of the private sector and the Council proposal procedures necessary for the activities of the public sector and the Subscriber to avoid irregularities, if any.




15. preparation of manuals, requirements and instructions necessary to categorize and manage medical and hazardous industrial waste referred to the content of the chapters III, IV and v of the law of janitor # 49 in 2004 in partnership with the Ministry of local administration and the Ministry of health and the competent authorities and cooperate with them in following up the implementation of the provisions contained in those chapters.



16. lay the foundations for the creation of national parks, gardens and streets and conditions of environmental and laying the foundations for creating nature reserves of all kinds in accordance with international standards and monitored according to the legibility and properties in partnership with the Ministry of agriculture and agrarian reform.



17. developing environmental standards for the protection of plant and animal biodiversity components, whether land or water.



18. the policy for the protection of plant and animal biodiversity components in conjunction with the competent authorities and to follow up the implementation of the national strategy and action plan for biodiversity protection.



19. the establishment and operation of environmental monitoring networks.



20. the preparation and organization of environmental data bank and continue developing it.



21. preparation the environmental pollution map for each province and to follow the developments.



22. support associations and civil society organizations working in the field of environmental protection to activate and facilitate their activities.



23. the mandate of the Ministry or outside researchers to carry out research and scientific studies in accordance with the provisions of environmental laws and regulations in force.



24. the development of environmental public awareness of various media and publishing the results of scientific research can be published with a view to maintaining the health of the environment and the safety of its resources and guidance in the use of special technologies and alternative energies and materials and continue promoting pollution prevention and reduction and control and the pursuit of environmental education programmes in school curricula and new environmental competencies in higher education.



Article (4):



The Ministry of cooperation and coordination with the competent authorities the following tasks:



1. develop standards and environmental requirements for the use of renewable and alternative energy technologies and cleaner production and participation in the preparation of national strategies and networking research those technologies.



2. put the bases and criteria for environmental planning for land uses.



3. participation in scientific research and environmental studies related to the activities occurring in the territory of a State and its internal waters, sea and airspace located above and on hazardous installations and materials harmful to the environment and propose recommendations and actions required to remove the danger.



4. regional and international organizations involved in research, conferences, seminars and meetings on environmental matters and follow up the implementation of the proposals and recommendations in collaboration with the competent authorities, in coordination with the Ministry of Foreign Affairs and emigrants.



5. strengthen relations with States and international organizations, regional bodies and conventions and treaties Affairs pertaining to the functions of the Ministry and regulations laid down in those treaties and conventions, in cooperation with the Ministry of Foreign Affairs and emigrants and planning and international cooperation.



6. participation in the protection of the coast and marine environment from pollution.



7. study the causes of soil erosion and desertification and everything leads to pollution of land and natural resources combine and propose appropriate solutions.



8. studies of human activities negatively affecting biodiversity components hunting, national and international trade, introduction of alien species and genetically modified organisms and others involved in the control and regulation of these activities to ensure the sustainability of the results of those ingredients and stop these activities when necessary.



9. studies for the development and regulation of human activities which constitute alternative sources of income for local communities that deal directly with components of biodiversity as eco-tourism, rural development and other projects.



10. participation with the Ministry of local administration in the development of municipal solid waste treatment and disposal and provide expert opinion by reviewing EIA for such waste processing sites.



11. take the necessary measures to prevent the introduction of any Syrian Arabic Republic wastes or landfilled.



Article (5):



1. the Minister shall in addition to the terms granted to him under this law and the laws and regulations in force the following tasks:



A view of vision and policy and plans for environmental protection and environmental development and amendments on board.



B-to submit an annual report on the environmental situation in the Syrian Arabic Republic.



C preparation for Ministry regulations, instructions and regulations required in accordance with the provisions of this law and presented to the Board for approval.



2. the Minister shall be entitled to:



Advisory Technical Committee formed a part time experienced represents public and private entities interested in environmental affairs.



B-environmental quality committees in agreement with the competent authorities and determine the tasks.



C-concluding contracts relating to the work of environmental measurements to others which exceed five hundred thousand SP and supply these values to the State Treasury.



Article (6):



The Minister is assisted in his work:



1. the Associate Minister at all three stand with the work of the Ministry and be accountable for the conduct of work in the administrative, technical, financial, legal and organizational related to Ministry and are hired and the distribution of tasks and functions and exercise their powers in accordance with the provisions of the laws in force.



2. technical, administrative and financial device determines the structure and conditions of job functions in the internal regulations of the Ministry.



Chapter IV



(The Ministry)



Article (7):



The Ministry's financial resources consist of the following:



1. the appropriations allocated in the State budget.



2. the Fund for the support and protection of the environment.



3. any other resources authorized by the laws and regulations in force in coordination with the Ministry of finance.



The second door.



Higher Council for environment protection



The first chapter



(Composition)



Article (8):



Higher Council for environment protection occurs and is as follows:



Prime head



Secretary of State for the environment as Vice President.



Local administration Minister a Member



Minister of industry members



Health Minister members



Minister of transport



Minister of oil and mineral wealth members



Minister of the Interior Member



The Tourism Minister members



Housing and construction Minister members



Minister of agriculture and agrarian reform members



Electricity Minister members



Minister of higher education members



Minister of education members



Minister of information Member




Irrigation Minister members



Minister of Social Affairs and Labour members



Minister of communications and technology members



Chief of planning and international cooperation members



Chairman of the General Federation of trade unions members



Chairman of the General Federation of farmers members



Syrian investment body Member Manager



Captain of engineers members



Captain agronomists members



Chairman of the General Federation of craftsmen members



President of the Confederation of industrial chambers members



President of the Federation of tourism Chambers members



Environmental associations representative member



Consumer Protection Association members



The women's Union members



Assistant Secretary of State for the environment member and Rapporteur



Article (9):



1. the Council shall meet once every six months and whenever the need arises at the invitation of the President.



2. the Board shall issue its decisions by a majority of the votes of those present.



3. the Council could invite to attend meetings of experts or consultants or anyone to familiarize themselves with their opinions on matters before it without the right to vote.



4. the decisions of the Council and adopt its recommendations from the President's decision.



Chapter II



(Tasks of the Board)



Article (10):



Board functions and powers:



1. adoption of the vision and policy for the protection of the environment and its national strategic plans and programmes and proposed amendments negotiated within the framework of the general policy of the State.



2. adopt regulations and environmental conditions that must be met in industrial and other activities which have a detrimental effect on the environment or that lead to the breach of their balance.



3. decisions to prevent or arrest or restrictions on any facility or activity belongs to the public sector or the subscriber sees it cause damage to environment or disrupting their balance.



4. the decision on exclusion and determine the damage referred to in item (5) of article (3) of this Act.



5. adoption and adoption of regulations and directives, decisions and regulations necessary to implement the provisions of this law.



6. approved laboratories and qualified to perform measurements of the elements of the environment.



7. approval of emergency plans to cope with environmental disasters.



8. consideration of matters pertaining to the environment offered by the Minister to the Council.



9. examine the Minister's annual report to the Council on the environmental situation and appropriate action.



Third door.



(The support fund and environmental protection)



Article (11):



1. the Ministry of environmental protection support fund to be based in Damascus and is associated with the Minister and his provincial branches can be.



2. open an account with the Central Bank of Syria as "support environmental protection fund" deposited all contributions, donations and funds provided by organizations and bodies and international funds and Arabic in accordance with the provisions of the laws in force in addition to what is allocated in the State budget funds to support environmental protection.



3. the Ministry is entitled to issue an environmental nature for the benefit of the Fund transactions involving activities that may lead to environmental pollution and the nature value of these activities determine the decision of the Prime Minister and Minister of finance coordination.



4. stir this account by the Secretary and accountant of the Ministry.



5 the Minister shall coordinate with the Secretary of the Treasury system of this box determines how to manage and allocate resources and how to liquidate his accounts and supports this order by the President of the Council.



Part four



The first chapter



(Inspection)



Article (12):



1. the Ministry called environmental inspectors of its workers who have expertise as defined by conditions established by the Ministry in the rules of procedure and performs environmental inspectors to the head of the civil court in the County in which they reside next/right/I swear to Allah the Almighty to do my job and keep that he followed a course which cultivates in the protection of the environment and the health of citizens.



2. these environmental inspectors after their partition entry of places specified by the Ministry in coordination with the competent authorities under job order issued by the Minister or his representative authorized by the environmental inspection support environmental officer for any offence provided for in this law and any violation of the specifications and conditions and other environmental regulations.



3. subject to clause 14 of article 3 be lldabot by environmental inspectors after the offending alarm and expiration of Eden: attribute warning by police after their adoption by the Minister or his representative as referred to the competent court by prosecutors to prosecute the offender.



4. no environmental inspectors and yo'azhm enter inhabited houses without authorization from the public prosecutor.



5. observance of article 3, item 14 environmental inspector is entitled to propose closing the offending spot that was the culprit and been a warning and closure is implemented by the prosecution on the basis of a decision of the Prime Minister upon proposal and remains linked to the outcome of the trial.



6. the Minister puts specific instructions of irregularities requiring immediate closure and after their adoption by the Council.



7. a: Ministry allocate a sufficient number of police for officer and environmental disposal.



B: in addition to the Ministry of Interior "ISF" corresponding to a number that is assigned to the Ministry under paragraph (a).



C: environmental control officers followed the instructions of the Ministry in environmental functions remain subject to original systems in all the other things.



D: the Home Secretary in agreement with the Minister a decision illustrates the tasks that will be environmental officer and regulates its relationship with the Ministry.



: Ministry of State for the environment all legal expenses, including salaries, compensation and rewards for environmental control elements placed at their disposal.



8. environmental inspectors shall receive compensation in the amount of 25% of their wages in force date work performed his own nature to not exceed the remuneration of each of them with this award of damages relating to the nature of the work and technical competence ceiling in the laws and regulations in force.




9 the Minister shall, in agreement with the Minister of Justice conditions in experts in non-working environment of Ministry and who can be hired exclusively on judicial expertise on environmental issues and in agreement with the Minister of Justice Minister nominated by resolution and determine their duties and lead these experts right next to the head of the civil court in the County in which they reside//I swear to Allah the Almighty to do my job honestly and sincerely and pledge to maintain the confidentiality of the information and determine their remuneration and compensation in accordance with the regulations in force.



Chapter II



(Responsibilities and sanctions)



Article (13):



Taking into account the provisions of article 2-5 items (12) of this Act and without prejudice to the penalties provided for in other laws:



1. a: everyone who contributed or helped to cross the nuclear or radioactive or hazardous waste to the Syrian Arabic Republic, shall be punished with imprisonment of at least five years in prison and a fine of 10 million to 20 million ls ls or twice the value of the shipment, whichever is more.



B-the penalty is life of hard if this trash to dump or buried or drowned or burned or stored in Syrian Arabic Republic territory or territorial waters up to death if this entry resulted in the death of a human being.



2. a special facility management administrator industrial activity or tourism or economic development or service or add to their owner is punishable by a fine of four hundred thousand SP SP million in one of the following conditions.



If its activity causes environmental pollution damage I or my future on human health and safety.



If the Syrian Arabic Republic got rid of any type of solid waste, industrial, medical, hazardous, liquid or gaseous resulting from activity contrary to the provisions of this law, standards and specifications and conditions and other environmental regulations.



If he violates established classification, storage, transportation, handling and destroying harmful or hazardous materials or use the materials in non-specific uses are allowed.



B: punishable either dispose of this waste disposal or dumping or drowned or burned or bye.



C: If repetition penalty is at least three months and double the fine specified in the previous paragraph a.



3. all agricultural, industrial or service facility subject to EIA was directly operate without an EIA study and approved by the relevant authority in the Ministry are closed in addition to shutdown penalizes responsible management in addition to their owner with a fine of LS 100, 000 to 400 000 ls this punishment is doubled if the business environment pollution.



4. a: anyone who commits any other environmental offences including noise or unpleasant odors or pollute the air with harmful issued instruments required define punishable by a fine of LS 100 000 to 500 000 ls.



B: if redundancy doubled the fines stipulated in the preceding paragraph, the penalty shall be imprisonment for at least two months in addition to doubling the fine in case of repetition to more than once.



5. a court may: during the consideration of the case to order the opening the shop or facility or institution in violation of the provisions of this Act within the time limit for removal of this ticket.



B: everyone who fails to remove the ticket after the time limit for removal shall be punished by a fine not less than ten thousand pounds and not more than fifty thousand pounds for each day on which failure remove this ticket but not recommence work at the shop or facility or institution ticket only after environmental inspectors to inspect and make sure to remove the violation and business proposal.



C: remove the violation within the term specified mitigating reason for punishment.



6. be punished with a fine of LS 100, 000 the owner closed the offense for each day he practiced during work time to remove.



7. devolves all fines that governed according to the provisions of this law to the State Treasury.



Article (14):



Environmental issues are urgent matters during its consideration in the competent courts in accordance with the provisions of this law.



Article (15):



Responsible for damage that happens for the environment or for the living of the damage done or because of him or of followed him or do things that are in his possession, whether on purpose or by negligence or lack of caution or failure to observe regulations and this supposed responsibility in the application of the provisions of article 13 of this law.



Article (16):



1. prevent imported materials harmful to health or the environment to the territory of the Syrian Arabic Republic.



2. If you enter this material proved to be harmful to health or the environment, its imports are required to remove them at his own expense and to ensure that they are not destroyed in the Syrian Arabic Republic territory or territorial waters.



3. initiate the introduction of harmful substances into the Syrian Arabic Republic according to the principal penalty.



4. put the Minister in collaboration with competent instruction which defines harmful substances and to remove them.



Article (17):



1. the penalty of imprisonment of one month to three months in prison and a fine of LS 100 000 to 500 000 ls besides disciplinary accountability after the verdict:



A-all of the blind eye view of environmental inspectors work organised under its supervision and cause harm to the environment or not achieved them of procedures and specifications for EIA for installations subject to oversight or ignored.



B-all from State workers shall permit any of the projects or activities that are subject to EIA regulation set out in item 5 of article 3 of this law without adopting the EIA by the concerned authority.



2. in accordance with the provisions of articles 445 ff of the Penal Code promulgated by Legislative Decree No 148 of 1949, as amended in addition to disciplinary accountability after the verdict of the falsification of any documents or records, leading to environmental damage.



Title v



(General provisions)



Article (18):



Specialty financial rewards for people who demonstrate environmental offences disclosing if necessary Eden: planning these irregularities and the origins Awards Premier's decision on the proposal the Minister and the Minister of finance in accordance with the laws and regulations in force.



Article (19):




1. exempt supplies of imported raw materials and techniques which allow to avoid or reduce or eliminate pollution or concerning waste treatment and recycling and the use of 50% of the customs duties and identify equipment and technologies and raw materials covered by an exemption decision of Ministry in coordination with the Ministry of finance and the Ministry of industry and Ministry of health.



2. any natural or legal person obtains activities contributing to preserving the environment to tax these activities and due reduction rates and assets given by the Premier's decision based on a joint proposal to the Minister of finance and Minister of State for the environment.



3. exempt Ministry and other public authorities and environmental associations the fee declarations that aim to preserve the environment and to avoid contamination or deterioration.



Article (20):



Give existing installations and activities before the promulgation of this law and which did not pan out their former law No 50 of 2002 six months from the date of entry into force of this law to reconcile their positions for graduating and non-graduating year from date alarm the Minister may give additional notice once reasoned grounds.



Article (12):



1. move the permanent workers in the environment with shwaghrhm to the Ministry with updated categories and their wages and retain the rights enshrined in article 1 of the Legislative Decree number 26 for 2009 and offered them the qualification for promotion.



2. temporary workers in the same working environment and remuneration conditions in Ministry.



3. transfer ownership of real estate, buildings and other assets owned by the General Commission for Environmental Affairs into the Ministry.



4. the Ministry replaced the environmental public authority of their rights and duties and obligations.



Article (22):



The Ministry's employees applied the provisions of the State employment statute number 50 for 2004, as amended.



Article (23):



Issue the rules of procedure of the Ministry identifies numerical owners in accordance with the provisions of the laws in force.



Article (24):



Finish job provisions contained in:



1. Legislative Decree number 11 21-8-1991 date containing the public authority environmental events.



2. Legislative Decree number 16 4-8-1994 date containing scientific and environmental research centre.



3. Law No 50 8-7-2002 date on the protection of the environment, as amended by law number 17 of 2004.



4. law number 19 6-6-2004 date containing the environmental studies centre events rather than scientific and environmental research center.



Article (25):



Texts and provisions are inconsistent with the provisions of this law modified a sentence in accordance with its provisions.



Article (26):



This law shall be published in the Official Gazette.



Damascus in 6-5-1433 Hijri to Gregorian 29-3-2012.

President Bashar Al-Assad