Today, public discussions of the draft Law of the Republic of Belarus “On Amendments to the Laws of the Republic of Belarus” began on the website “Legal Forum of Belarus” on the global computer network Internet.
The said draft law is aimed at improving the legal regulation of relations arising in the field of protection and use of waters, taking into account the practice of applying the Water Code of the Republic of Belarus.
The introduction of amendments to the Water Code is due to the need to update its provisions in order to eliminate uncertainties, ambiguous interpretation, as well as the need for consistency with legislative acts.
The project under discussion applies to legal entities and citizens who use water in accordance with legislation in the field of water protection and use.
The draft Law significantly revised the conceptual apparatus, regulated issues of accounting for water bodies, and also:
expanded:
- a list of government bodies in the field of water protection and use, taking into account their competence;
- cases in which surface water bodies may be leased, namely, in addition to fish farming, also for recreation, sports and tourism;
- a list of purposes for using water bodies by supplementing it with wastewater discharge;
- a list of documents on the basis of which instructions for the operation of water management systems and separately located hydraulic structures and devices should be developed;
clarified:
- competence of the Ministry of Natural Resources;
- the procedure for performing work on inland waterways, work related to the operation of defense and military infrastructure facilities, infrastructure facilities of the State Border of the Republic of Belarus, land reclamation facilities, as well as work related to the elimination of emergency situations and (or) their consequences;
- standards regarding prohibitions on the discharge of wastewater into surface water bodies located within the boundaries of specially protected natural areas and in places where recreational, sports and tourism facilities are located;
revised:
- approaches to approving river basin management plans and their subsequent implementation, as well as the composition of basin councils, with the assignment of these functions to regional executive committees in the territory of which they are created;
- a list of types of special water use, the implementation of which requires obtaining permits for special water use or integrated environmental permits;
- a clear procedure for the construction, liquidation and commissioning of surface water bodies has been defined;
- a ban has been established on the construction within the boundaries of land plots provided in the established manner to individuals (with the exception of individual entrepreneurs) of more than one pond-dig and other surface water bodies that do not meet the parameters of a pond-dig;
- the transfer of surface water bodies to citizens for fish farming has been excluded;
- The relations arising during the operation of wastewater treatment facilities have been regulated.
In addition, the bill introduces amendments to the Code of the Republic of Belarus on architectural, urban planning and construction activities, as well as the Law “On state environmental expertise, strategic environmental assessment and environmental impact assessment”.
The draft Law does not provide for the establishment of additional payments for the right to use water. Its adoption will not entail changes in the amount of expenditures of the republican and local budgets, extra-budgetary funds. The document does not contain provisions establishing excessive obligations, prohibitions and restrictions, unjustified expenses for legal entities and individuals, including individual entrepreneurs. It meets the socio-economic needs and capabilities of society and the state, the goals of sustainable development, will not entail negative environmental consequences, and is aimed at the rational use and protection of water. The possibility of any negative social and environmental consequences associated with the implementation of the changes proposed by the draft Law has not been established.
You can express your comments and suggestions in a special topic on the Legal Forum of Belarus or send them to the Ministry of Natural Resources and Environmental Protection (the organizer of public discussions) from August 7 to 18 this year by email – mail@minpriroda.gov.by.
