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ON LAKE BAIKAL PROTECTION. FEDERAL LAW. OF MAY 1, 1999 # 94-

FEDERAL LAW

ON LAKE BAIKAL PROTECTION

OF MAY 1, 1999 # 94-

(with amendments of December 27, 2000; December 30, 2001; December 24, 2002; December 23, 2003; August 22, 2004)

 

Adopted by the State Duma on April 2, 1999

Approved by the Federation Council on April 22, 1999

 

This Federal law defines the legal foundation of Lake Baikal protection; it is not only a unique ecological system of the Russian Federation but also a World Heritage natural object.

 

Chapter I. The Main Principles

 

Article 1. Legal regulations in the field of Lake Baikal protection.

1.       Legal regulation in the field of Lake Baikal protection is executed by this Federal law, other federal laws and normative legal acts of the Russian Federation as well as by laws and other normative legal acts of the Russian Federation subjects.

2.       In case the Russian Federation international agreements state the rules different from those stated by this Federal law, the rules and regulations of the international agreement are applied.

 

Article 2. Ecological zoning of the Baikal natural territory.

1.       The Baikal natural territory is the territory including Lake Baikal, water protection zone adjacent to Lake Baikal, its  drainage area within the Russian Federation territory, specially protected natural territories adjacent to Lake Baikal as well as the territory adjacent to Lake Baikal, up to 200 km wide westwards and north-westwards from the lake.

2.       There are the following ecological zones on the Baikal natural territory:

The central ecological zone is the territory including Lake Baikal with its islands, water protection zone adjacent to Lake Baikal as well as specially protected natural territories adjacent to Lake Baikal;

The buffer ecological zone is the territory outside the central ecological zone including Lake Baikal drainage area within the Russian Federation territory;

The atmospheric influence ecological zone is the territory outside Lake Baikal drainage area within the Russian Federation territory, up to 200 km wide westwards and north-westwards from the lake where economic objects are situated the activity of which influences the unique Lake Baikal ecological system in the negative way.

3.       Ecological zoning of the Baikal natural territory is executed according to the order stated by the Russian Federation Government.

 

On ecological zoning of the Baikal natural territory and informing the population on the Baikal natural territory borders, its ecological zones and on the peculiarities of the ecological zones regime see the Russian Federation Government resolution of September 6, 2000 # 661.

 

Article 3. The borders of the Baikal natural territory

1.       By presentation of the state power bodies of the Republic of Buryatia, the state power bodies of the Irkutsk region, the state power bodies of the Chita region, the state power bodies of the Ust-Ordynsky Buryat autonomous okrug the Russian Federation Government confirms the borders of the Baikal natural territory and ecological zones, the central ecological zones, the buffer ecological zone and the atmospheric influence ecological zone.

2.       Executive bodies of the Republic of Buryatia, executive bodies of the Irkutsk region, executive bodies of the Chita region and executive bodies of the Ust-Ordynsky Buryat autonomous okrug provide the Baikal natural territory population with information on the borders of the Baikal natural territory including the borders of the ecological zones and on the peculiarities of the ecological zones regime, according to the order established by the Russian Federation Government.

 

Article 4. Invalid since January 1, 2005.

See the text of Article 4

 

Chapter II. The Baikal natural territory protection regime.

 

Article 5. The main principles of the Baikal natural territory protection

With a view to protect the unique Lake Baikal ecological system on the Baikal natural territory a special regime of economic and other activity is established which is carried out in accordance with the following principles:

Priority of the activities not leading to destroying the unique Lake Baikal ecological system and its water protection zone landscapes;

Taking into consideration the complex influence of economic and other activity on the unique Lake Baikal ecological system;

Balanced solution of social-economic problems and the problems of the unique Lake Baikal ecological system on the sustainable development principles;

Compulsory state ecological expert examination.

 

Article 6. Types of activities prohibited or limited on the Baikal natural territory

1.       On the Baikal natural territory the types of activity are prohibited or limited which influence the unique Lake Baikal ecological territory in the negative way:

Chemical pollution of Lake Baikal or its part as well as its drainage area connected with throwing away of harmful substances, usage of pesticides, agricultural chemicals, radioactive substances, transport exploitation, distribution of industrial and consumer wastes;

Physical change of Lake Baikal or its part state (change of the water temperature regimes, fluctuation in the level of the water indices beyond permissible values, changes of Lake Baikal drainage);

Biological pollution of Lake Baikal connected with the usage, cultivation or acclimatization of the water biological objects not peculiar to Lake Baikal ecological system, in Lake Baikal and in the water objects constantly or temporarily connected with Lake Baikal.

2.       Construction of any new economic objects, expansion, reconstruction of the existing economic objects without permission of the state ecological expert examination of the corresponding objects is prohibited on the Baikal natural territory.

3.       The list of activities prohibited in the central ecological zone is confirmed by the Russian Federation Government.

 

Article 7 of this Federal law is amended by Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005.

 

Article 7. Lake Baikal water regime

To protect the unique Lake Baikal ecological system and to prevent negative influence of the economic and other activity on its condition, the following is required:

      Lake Baikal filling and discharge regime is stated by the federal executive body in the field of water stock usage and protection within the order established by the Russian Federation legislation;

      To prohibit raising of water level over the maximum values and lowing of water level below minimum values established by the Russian Federation Government.

 

See the Russian Federation Government resolution of March 26, 2001 # 234 on the limits of water level in Lake Baikal by economic and other activities.

 

Article 8 of this Federal law is amended by Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005.

 

Article 8. Peculiarities of protection, hunting (catching) the endemic species of water animals and collecting the endemic species of water plants

To protect the Baikal omul, the nerpa (Baikal seal) and other species of water animals as well as the water plants species spread in Lake Baikal only (further also endemic species of water animals and plants) with the exception of the water animals and plants included into the Russian Federation Red Book by the Russian Federation Government or a federal executive power body authorized by it, the admissible amount of hunting (catching) the Baikal omul, the nerpa (Baikal seal) and other endemic species of water animals, collecting the endemic species of water plants, the periods of catching the Baikal omul and the list of catching instruments, the periods of the Baikal nerpa hunting and the list of hunting instruments as well as the periods of collecting endemic species of water plants are established.

 

See the Russian Federation Ministry of Agriculture directive of February 8, 2005 # 15 on establishing the general admissible catching amounts of the water biological resources.

 

Peculiarities of protection, hunting (catching) the Baikal omul, the nerpa (Baikal seal) and other endemic species of water animals as well as collecting the endemic species of water plants are established by the Russian Federation Government.

 

See the Russian Federation Government resolution of January 28, 2002 # 67 on the peculiarities of protection, hunting (catching) of Lake Baikal water animals endemic species and collecting the water plants endemic species.

 

Article 9. Traditional nature usage territories on the Baikal natural territory

1.       Traditional nature usage territories are established on the Baikal natural territory in the order stated by the Russian Federation Government

2.       The relations concerning the land and other natural resources usage on the traditional nature usage territories on the Baikal natural territory, are regulated by the Russian Federation legislation in accordance with this Federal law.

 

Article 10. Peculiarities of using the land resources in the central ecological and the buffer ecological zones.

Land resources of the central ecological and the buffer ecological zones are used by the citizens and bodies corporate in accordance with the demands of this law.

 

Article 11. Peculiarities of forest usage in the central ecological zone.

1.       In the central ecological zone the following is prohibited:

General usage (clear) cutting;

Cedar forests cutting with the exception of improvement or selective sanitation cuttings;

Withdrawal of the forest stock lands taken by the first group forests as well as of the forest stock lands not covered with forests for their using not connected with forestry.

2.       The most valuable forests should be reforested prior to others.

 

Article 12. Organizing tourism and recreation in the central ecological zone.

1.       Tourism and recreation in the central ecological zone are organized in accordance with the rules providing observance of the load on landscape limits.

2.       The rules of organizing tourism and recreation in the central ecological zone are established by the state power bodies of the Republic of Buryatia and the state power bodies of the Irkutsk region.

 

Chapter III. The standards of  maximum permissible limits for harmful influence on the unique Lake Baikal ecological system

 

Article 13 of this Federal law is amended by Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005.

 

Article 13. The order of stating the standards of maximum permissible limits for harmful influence on the unique Lake Baikal ecological system

1.             For the Baikal natural territory standards of maximum permissible limits for harmful influence on the unique Lake Baikal ecological system are established in the order stated by the Russian Federation legislation in accordance with this Federal law.

2.             The standards of maximum permissible limits for harmful influence on the unique Lake Baikal ecological system as well as methods of their definition are adopted by corresponding federal executive bodies and are improved on the ground of scientific research data.

3.             The list of harmful substances including the substances from the category of especially dangerous ones, highly dangerous, dangerous and average dangerous for the unique Lake Baikal ecological system is approved by the authorized federal executive bodies.

 

Article 14. The maximum permissible emission limits of harmful substances and accommodation of industrial and consumer wastes dangerous for the unique Lake Baikal ecological system.

1.        The maximum permissible emission limits of harmful substances and accommodation of industrial and consumer wastes dangerous for the unique lake Baikal ecological system are established with due regard for scientific research results in accordance with the Russian Federation legislation and are to be revised annually to decrease them with due regard for the environment condition of the Baikal natural territory.

2.        The number of harmful substances from the categories of especially dangerous and highly dangerous for the unique Lake Baikal ecological system in the wastes of industrial and other objects situated in the central ecological and buffer ecological zones should not exceed such number by taking of water sample.

The concentrations of harmful substances of all the categories dangerous for the unique Lake Baikal ecological system should not exceed the standards of the maximum permissible concentrations defined for each ecological zone.

 

Chapter IV. State regulation concerning Lake Baikal protection

 

Article 15 of this Federal law is accounted in a new wording in the Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005.

 

Article 15. Federal executive bodies concerning Lake Baikal protection

The Russian Federation government states the federal executive bodies concerning Lake Baikal protection, their functions and powers as well as the coordination body for providing joint actions of the interested executive bodies.

 

In accordance with the Russian Federation Government resolution of July 30, 2004 # 400 the functions of the federal executive body, specially authorized to carry out the state regulation concerning Lake Baikal protection, are implemented by the Federal nature usage control service

 

Article 16. Complex schemes of the Baikal natural territory protection and natural resources usage

The foundation for economic and other activity on the Baikal natural territory is made up by the complex schemes of its protection and natural resources usage worked out and adopted in the order established by the Russian Federation legislation and the Russian Federation subjects legislation.

 

Article 17 of this Federal law is amended by the Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005

 

Article 17. Ecological registration of economic objects on the Baikal natural territory

The bodies corporate carrying out economic and other activity on the Baikal natural territory must have ecological passports of the economic objects.

 The peculiarities of the ecological passports of the economic objects on the Baikal natural territory are defined by the federal and coordination executive bodies concerning Lake Baikal protection.

 

Article 18. Elimination and conversion of ecologically dangerous economic objects

Elimination or conversion of ecologically dangerous economic objects on the Baikal natural territory is carried out in the order and within the period defined by the Russian Federation legislation

 

Article 19 of this Federal law is amended by the Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005

 

Article 19. State ecological control concerning Lake Baikal protection

State ecological control concerning Lake Baikal protection is carried out by the federal and coordination executive bodies concerning Lake Baikal protection, other authorized federal executive bodies concerning ecological control as well as by state power bodies of the Republic of Buryatia, state power bodies of the Irkutsk region, state power bodies of the Chita region and state power bodies of the Ust-Ordynsky Buryat autonomous okrug.

 

Article 20 of this Federal law is amended by the Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005

 

Article 20. State ecological monitoring of the unique Lake Baikal ecological system

State ecological monitoring of the unique lake Baikal ecological system is carried out by the federal and coordination executive bodies concerning Lake Baikal protection and other authorized federal executive bodies within the framework of the united system of the state ecological monitoring.

 

Article 21 of this Federal law is amended by the Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005

 

Article 21. Financing Lake Baikal protection activity

1.          Financing Lake Baikal protection activity is carried out at the expense of the federal budget and other sources in accordance with the Russian Federation legislation and the Russian Federation subjects legislation.

 

Article 22 of this Federal law is accounted in a new wording in the Federal law of August 22, 2004 # 122- and comes into force on January 1, 2005.

 

Article 22. Tied programmes concerning Lake Baikal protection

Federal tied programmes concerning Lake Baikal protection are formed by the Russian Federation Government in the order stated by the Russian Federation legislation.

The Russian Federation subjects work out and carry out municipal tied programmes concerning Lake Baikal protection as well as take part in working out and carrying out the federal tied programmes concerning Lake Baikal protection.

 

The complex federal programme on Lake Baikal protection and the rational usage of its basin natural resources is approved by the Russian Federation Government resolution of November 25, 1994 # 1306.

 

Article 23. Information concerning Lake Baikal protection

Citizens and bodies corporate are provided access to information concerning Lake Baikal protection in the order stated by the Russian Federation legislation.

 

Article 24. Responsibility for violating this Federal law.

Persons pleaded guilty of violating this Federal law carry the responsibility in accordance with the civic, administrative, criminal and other law of the Russian Federation.

 

Article 25. The Russian Federation international cooperation concerning Lake Baikal protection.

The Russian Federation international cooperation concerning Lake Baikal protection is regulated by the Russian Federation Constitution, the Russian Federation international treaties, federal laws and other normative acts of the Russian Federation.

 

Article 26. This Federal law coming into force.

1.       This Federal law comes into force on the day of its official promulgation.

2.       The Russian Federation normative acts are to be brought in accordance with this Federal law.

 

The Russian Federation

President

B. Yeltsyn

 

Moscow, Kremlin

May 1, 1999

# 94-

 

 

 

  

 

 

 

           

 

 

 











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