Today, environmental issues are among the most important, determining the level of well-being of the entire world civilization. Preserving our native nature, preserving clean air and minerals for future generations is our common goal, the achievement of which is possible only through the coordinated joint work of environmental authorities and the public.
In its work aimed at ensuring the environmental safety of the country by establishing the compliance or non-compliance of planned design solutions with the requirements of legislation on environmental protection and the rational use of natural resources, the Center pays great attention to involving the public in the process of assessing the impact on the environment and believes that the effectiveness of the implemented environmental protection measures can only be ensured through the broad, constant and active participation of the local population.
The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) sets out two fundamental principles for effective public participation: the public must have the right to access information and the right to be heard.
Draft Resolution of the Council of Ministers of the Republic of Belarus “On Amending the Resolution of the Council of Ministers of the Republic of Belarus dated September 24, 2021 No. 548”
The State Educational Institution “Republican Center for State Environmental Expertise, Training, Advanced Training and Retraining of Personnel” of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus (hereinafter referred to as the Center for State Environmental Expertise) is an authorized body whose competence includes the implementation of administrative procedure 3.9.2. “Obtaining a conclusion on the compliance of a construction project accepted for operation with permitting and design documentation (in terms of environmental safety)” of the Unified List of Administrative Procedures Carried out in Relation to Business Entities, approved by Resolution of the Council of Ministers of the Republic of Belarus dated September 24, 2021 No. 548. This administrative procedure has been carried out by the Center for State Environmental Expertise since January 22, 2017, namely, the Department of State Environmental Expertise consisting of 6 regional departments with a staff of 60 specialists, of which an average of 30 specialists carry out the administrative procedure.
Currently, the administrative procedure is carried out free of charge, and the economically justified costs of implementing the administrative procedure are borne directly by the State Environmental Expertise Center (without attracting funding from budgetary funds).
Taking into account the above, in order to reimburse the costs associated with the implementation of the administrative procedure by the Center for State Environmental Expertise, it is proposed to establish a fee for obtaining a conclusion on the compliance of a construction project accepted for operation with permitting and design documentation (in terms of environmental safety), by amending the Resolution of the Council of Ministers of the Republic of Belarus dated September 24, 2021 No. 548 “On administrative procedures carried out in relation to business entities”, namely: in the column: “Type of fee charged during the implementation of the administrative procedure” of subparagraph 3.9.2. “Obtaining a conclusion on the compliance of a construction project accepted for operation with permitting and design documentation (in terms of environmental safety)”, the word “free of charge” shall be replaced with the words “fee for services”.
At the same time, it is proposed to reduce the period for making an administrative decision on the compliance of a construction project accepted for operation with permitting and design documentation (in terms of environmental safety) from 15 to 12 calendar days.
Create conditions for reimbursement of economically justified costs of the state educational institution “Republican Center for State Environmental Expertise, Training, Advanced Training and Retraining of Personnel” of the Ministry of Natural Resources, related to the implementation of administrative procedure 3.9.2. “Obtaining a conclusion on the compliance of a construction project accepted for operation with permitting and design documentation (in terms of environmental safety).”
The effect of the draft regulatory legal act extends to business entities that are interested parties in the implementation of administrative procedure 3.9.2 “Obtaining a conclusion on the compliance of a construction project accepted for operation with permitting and design documentation (in terms of environmental safety).
It is assumed that the effect of the regulatory legal act will extend to relations that arose from 01.07.2023. There is no need to establish a transition period when putting into effect the draft regulatory act if it is adopted.