The Legislation in the field of rational utilization and natural resources and the environment protection is based on the Constitution of Azerbaijan Republic accepted in 12.11.1995 and reflects the general principles of nature use and protection. The present Legislation covers a vast statute-books determining the legal basis of nature use, and normative acts regulating the economical activity.

The regulation of relations in the sphere of natural resources use and the environment protection is carried out on the base of summary of juridical acts the majority of which is worked out and accepted for the last ten years. This is a summary of laws and rules regulating the legislative relations in sphere of rational use of the depths, land, water, forest, fish resources, and the nature and public health protection against the negative influence of nature utilization. The list of the legislative acts is in Appendix 15.

Valuation of influence for the environment (VIE) is carried out according to "Provision on VIE process in Azerbaijan Republic", accepted in 1996. It is one of the test modes if technical-economical grounds (TEG) and projects of the objects building of various purposes meet the requirements of the environmental care Legislation. The result of VIE is the influence valuation and comparison of the alternative versions of the project solutions. The government has a right to choose the final version of the building.

The realization of VIE in terms of the concrete project begins from the stage of planning and preparing of the TEG of its realization. The bidder is responsible for submission of the final VIE documents to the Goscomecology. The bidder is responsible for performance of terms containing in the permit. The bidder is responsible for the present project monitoring, submission of reports and receiving the permits from other departments.

While the VIE development Goscomecology plays a crucial role. Goscomecology guides the following criteria:

• if the present proposal foresee new technologies?

• volumes and complexity of the proposed processes or technologies;

• the expected consequences upon the environment from the carrying proposals;

• if the proposal realization leads to significant changes for the locals inhabitants;

• scales of the publicity reaction regarding the proposal;

It is necessary to mention that the bidder carries the basic responsibility. At the same time Goscomgeology must conduct the inspections to control the accuracy and authenticity of the monitoring results because it is a mean for the definite purposes achievement and intended for the hazard influence prevention upon the environment. If the terms are infringed then the bidder must stop the activity leading to the mentioned infringement. In case of discrepancies the bidder has right to make a complaint to the Justice Court of Azerbaijan Republic.

It is necessary to mention the terms of VIE process conduction. If the bid for the project is submitted then Goscomgeology must reply depending the project scales for 1-3 months. The VIE process administration will be carried out according to principle "user pays". The sum of paid outlays is determined as a percent of the project total cost.

Goscomecology calls an expert group on VIE consisting of 5 to 11 persons for audit of complex projects. Expert group carries their own investigations, which submitted to the bidder. Expert group must record all the suggestions and remarks of the publicity. Expert group regulates all the procedure matters but the final decision is accepted by consensus. When there is no distinct majority the chairman has a casting vote. The publicity must be informed about the expert group decision. Expert group on VIE development is formed for every concrete application. When issuing the recommendations the expert group keeps the following requirement:

• determination of permissible levels of influence which can't be avoid completely;

• the sum definition which is scientifically acceptable as a compensation for influence upon the environment that is inevitable;

• proceeding the additional information on VIE the recommendation is given how to avoid these influences, control them, reduce to minimum or manage them;

• value to quality and effectiveness of wishes received from the inhabitants, and also point out the key problems which must be solved;

The projects are undergone the State ecological expertise (SEE) before the building of new objects and reconstruction of acting ones. The board of the ecological expertise of Goscomecology carries out this expertise and it is the central body to receive the ecological permits. SEE is conducted on the base of part of Law on the Environment Protection and represents an integral process coordinating the decisions of different departments (permit for land use and building, natural resources use, outbursts into air and throwing into the ponds), TEG and VIE and approving or rejecting the offered activity.

Ecological policy of the Republic in the field of environment protection is based on principles of legality, publicity, generally accepted international standards and legislative duties. The main criteria for nature utilization are:

• definition of ecological hazard level upon the outlined and carried out economical or other activity which can influence directly or indirectly upon the environment state and population health;

• the necessity of preservation of the ecological balance, genefund and variety of the living nature in generations' interests;

• the correspondence of the target economical or other activity to the requirements of the environment care legislation, sanitary norms and rules, engineering normative;

• definition of degree of normative grounds of the foreseen actions on the environment protection;

• definition of possible modes to reduce the results of hazard influences upon the environment.

Standards and indices of the environment quality are defined and regulated by the corresponding normative statements acting state and departmental norms or standards (AINOs and INOs accordingly) building norms and rules (NieIs) sanitary norms.

The environment quality is regulated by the following standards:

• the limit-available concentrations (LAC) of contaminating substances in the environment;

• the limit-available simultaneous outbursts and throwing (LAO and LAT accordingly) of the contaminating substances into the environment, worked out and periodically revised for every acting or newly organized enterprises;

• the limit-available levels of noise, electromagnetic radiation, levels of radiation hazard, sanitary norms and hygienic standards.

The infringement of the mentioned standards and requirements entails the suspension and complete stopping of activity on location, project, building, reconstruction and exploitation of ecologically harmful objects in accordance with statements of Goscomecology, State Sanitary-Epidemiological Supervision of Ministry of Health and Gosgortechnadzor.

The execution of requirements of the environment care legislation, recovery and reproduction of natural resources, accounting of local and distant ecological, genetic, economical, demographic and moral consequences of the objects activity must be provided while location the enterprises, buildings and other ecologically harmful objects. The ultimate-available norms of load upon the environment must be pointed while technical-economical ground of the building, reconstruction and widening, project of enterprises, constructions and other objects.

The basic standards of the environment quality are in legislative acts the list of which is in Appendix 16.

The following economical means of control for the environment contamination and rational utilization of natural resources are used in the Country:

• payments for use of the surficial and underground water resources, for sewage throwing into the natural water objects, for outburst of the contaminating substances into the atmospheric air, for solid wastes distribution, payments for standards infringement on the hazard and industrial wastes are set according with Decision of Cabinet of Ministry from 03.03.1999 N122; in 1993 the payment rates had been revised once only towards 10-folded increase in accordance with Decision of Cabinet of Ministry from 01.05.1993 N216.

• payments for damage brought to the environment as a result of illegal development of widely spread economical resources - established according with Decision of Cabinet of Ministry from 08.06.1992 N319

• fee for right for hunting - established by Goscomecology in 1992

• tax for land use - established according with "law on Land Tax" from 02.02.1993

• purpose payments into the Road Fund connected with use of transport means - established according to "Law on State Road Fund" from 16.02.1994

• payments for forest felling - established and regulating according with Decisions of Cabinet of Ministry from 24.08.1994 N2

• royalty - established according with "Law on Tax for Commercial Minerals Production" from 24.03.1995

• payments for fish resources use by juridical and physical persons of overseas countries, fines for illegal fishing- established according with Decision of Cabinet of Ministry from 06.09.1999 N146

• payments for illegal feeling and damage of trees and bushes - established according with Decision of Cabinet of Ministry from 27.12.1993 N636

• payments for illegal hunting and catching of wild animals and fish - established by Goscomecology in 1994

• payments for service use on gathering and removing of urban waste - established according with Decision of Cabinet of Ministry from 02.01.1992 N3

INTRODUCTION

SECTION 1

SECTION 2

SECTION 3

SECTION 4

SECTION 5

APPENDIX 15

APPENDIX 16

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