Law for the biological diversity



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LAW FOR THE BIOLOGICAL DIVERSITY


Prom. SG. 77 9 Aug 2002., amend. SG. 88 4 Nov 2005., amend. SG. 105 29 Dec 2005., amend. SG. 29 7 Apr 2006., amend. SG. 30 11 Apr 2006., amend. SG. 34/25 Apr 2006

Chapter one.


GENERAL

Art. 1. (1) This law settles the relations between the state, the municipalities, the corporate bodies and individuals regarding the protection and sustainable using of the biological diversity in the Republic of Bulgaria.

(2) The biological diversity is the variety of all living organisms in all forms of their natural organisation, their cohabitation and habitats, of the ecological systems and processes developing in them.

(3) The biological diversity is an inseparable part of the national wealth and its preservation is a priority and obligation of the state and municipal bodies and of the citizens.

 

Art. 2. This law aims at:



1. the preservation of specimen for the Republic of Bulgaria and Europe types of natural habitats and habitats of endangered, rare and endemic vegetation and animal species within the frames of the National Ecological Network;

2. the preservation of the protected vegetation and animal species of the flora and fauna of the Republic of Bulgaria, as well as of those which are objects of using and trade;

3. the preservation of the genetic resources and the diversity of vegetation and animal species outside their natural environment;

4. regulation of the introduction of alien and re-introduction of local vegetation and animal species in nature;

5. regulation of the trade with specimens of endangered species of the wild flora and fauna;

6. preservation of venerable and remarkable trees.

 

Chapter two.


NATIONAL ECOLOGICAL NETWORK

Section I.


General

Art. 3. (1) The state shall create a National Ecological Network including:

1. protected zones which may include protected territories;

2. protected territories which are not included in the protected zones;

3. (revoked – SG 88/05) protected territories.

(2) (amend., - SG 88/05) Included with priority in the National Ecological Network shall be CORINE places, Ramsar places, floristically and ornithological important places.

 

Art. 4. The National Ecological Network aims at:



1. the long-term preservation of the biological, geological and landscape diversity;

2. providing enough space and places for reproduction, feeding and rest, including in migration, pining and hibernation of wild animals;

3. creation of conditions for genetic exchange between divided populations and species;

4. participation of the Republic of Bulgaria in the European and international ecological networks;

5. restriction of the negative anthropogenic impact on protected territories.

 

Section II.


Protected zones

Art. 5. The protected zones under art. 3, para 1, item 1 are designated for preservation or restoration of the favourable state of the natural habitats included in them, as well as of the specis in their natural region of habitation.

 

Art. 6. (1) Protected zones shall be declared for:



1. preservation of the types of natural habitats;

2. preservation of habitats of the vegetation and animal species (without birds);

3. preservation of habitats of the bird species;

4. preservation of territories where during the time of reproduction, pining, hibernation or migration a considerable number of birds gather, other than those under appendix No 2.

(2) Threatened by extinction types of natural habitats included in appendix No 1 shall be preserved with priority.

(3) Threatened by extinction vegetation and animal species included in appendix No 2 shall be preserved with priority.

 

Art. 7. (1) Territories including types of natural habitats of appendix No 1 shall be subject to assessment on the grounds of the following indices:



1. degree of representation of the natural type of habitat for the respective territory;

2. area of the territory occupied by the natural type of habitat as compared with the total area occupied by the same type of natural habitat within the boundaries of the Republic of Bulgaria;

3. degree of preservation of the structure and functions of the respective type of natural habitat and possibilities for their restoration;

4. general assessment of the importance of the territory for the preservation of the respective type of natural habitat on the grounds of the quantity of the indices under item 1, 2 and 3.

(2) The territories including habitats of the species according to appendix No 2 shall be subject to assessment on the grounds of the following indices:

1. size and density of the population of the species inhabiting the territory as compared with the size and density of the population of the same species in the territory of the Republic of Bulgaria;

2. degree of preservation of the characteristic features of the habitat which are of importance for the respective species and possibilities for their restoration;

3. degree of isolation of the population inhabiting the territory regarding the basic region of habitation of the species;

4. general assessment of the importance of the territory for the preservation of the respective species on the basis of the quantity of the indices under item 1, 2 and 3.

(3) The territories including habitats of the species of birds according to appendix No 2 and of the territories under art. 6, para 1, item 4 shall be subject to assessment on the grounds of the following indices:

1. size and/or density of the population of the species during nesting, hibernation or migration as compared with the size and/or density of the population of the same species in Europe and in the Republic of Bulgaria;

2. degree of representation of the habitat of importance for the species on the respective territory;

3. general assessment of the importance of the territory for the preservation of the respective type on the grounds of the quantity of the indices under item 1 and 2.

 

Section III.


Declaring and changes of the protected zones

Art. 8. (1) The Ministry of Environment and Waters shall provide the study, the assessment and the working out of documentation for the territories under art. 7 containing:

1. name;


2. (amend., - SG 88/05) scope and purposes of preservation of the protected zone;

3. (revoked – SG 88/05)

4. filled in standard forms containing data and assessments;

5. (amend., - SG 88/05) map and coordinate register of the border of the protected zone.

(2) (amend., - SG 88/05) Proposals for the territories - subject of studies according to para 1 can also be made by state bodies, scientific and public organisations.

(3) (new – SG 88/05; amend. - SG 29/06) The Ministry of Agriculture and Forestry, the Agency of geodesy, cartography and cadastre and the municipalities shall provide to the Ministry of Environment and Waters the data under Para 1, item 5 against payment only of the expenditures for copies of the respective documentation.

 



Art. 9. (amend., - SG 88/05) In the process of preparation of the documentation under art. 8 and before the announcement of protected zones, the Ministry of Environment and Waters and the Ministry of Agriculture and Forestry shall provide the conduction of national and regional public campaigns for promotion of the purposes and tasks of the protected zones

 



Art. 10. (1) (amend., - SG 88/05) On the grounds of submitted documentations under Art. 8, Para 1, the Ministry of Environment and Waters shall work out a draft list of the protected zones which, together with the documentations shall be tabled for consideration at session of the National Council for Biological Diversity.

(2)(suppl., - SG 88/05) The National Council for Biological Diversity shall propose to the Minister of Environment and Waters to present the list to the Council of Ministers for adoption. In event of deposed reasoned special opinion of a member of the National Council for the Biological Diversity, the Minister of Environment and Waters shall take final decision about the list.

(3) (amend., - SG 88/05)Within six months from the sitting of the National Council for Biological Diversity the Minister of Environment and Waters shall present the list under para 2 to the Council of Ministers.

(4) The decision of the Council of Ministers and the list shall be promulgated in the State Gazette.

(5) (new – SG 88/05) The decisions under Para 2 and 4 shall be grounded only on the scientific information in the documentations under Art. 8, Para 1 and the purposes under Art. 4.

 

Art. 11. (1) Declared as protected zones shall be territories included in the list of art. 10, para 4.



(2) The declaring of the protected zones and the changes introduced to them shall be carried out by the Minister of Environment and Waters.

 



Art. 12. (amend., - SG 88/05) (1) The Ministry of Environment and Waters shall work out a draft of order for declaring the each protected zone included in the list under Art. 10, Para 4.

(2) The draft of order under Para 1 shall point out:

1. the grounds for its issuance;

2. the name and the location of the protected zone;

3. the designation and purposes of the protected zone;

4. the total area and description of the property included in the protected zone;

5. prohibition or limitation of activities, contradicting the purposes of preservation of the protected zone.

(3) The Ministry of Environment and Waters shall announce before the public the draft of order of announcement, published at least in one daily and on the its Internet page. In the announcement shall be pointed the place and conditions of access to the full text of the draft of order.

(4) The full text of the draft of order shall be published on the Internet page of the Ministry of Environment and Waters and shall be left at disposal in the administrative premises of the regional inspections of environment and waters, in which territorial coverage the protected zone is located.

(5) Within one month period from the announcement under Para 3 the interested persons may submit to the Minister of Environment and Waters reasoned written opinions, objections and proposals on the draft of order only concerning the prohibitions or the limitations under Para 2, item 5.

(5) In one month period after the elapse of the term under Para 5, the Minister of Environment and Waters shall take final decision on the submitted opinions, objections or proposals and shall issue order of announcement of the respective protected zone.

(7) The order under Para 6 shall be final and shall not be a subject of appeal.

 

Art. 13. The declaring of the protected zone shall not change the ownership of the lands, forests and water areas in it.



 

Art. 14. The Law for the protected territories shall apply for the protected territories included in the protected zones.

 

Art. 15. The Law for the cultural monuments shall apply for the cultural monuments included in the protected zones.



 

Art. 16. (1) The changes in the protected zones shall be:

1. increase of the area;

2. reduction of the area;

3. deletion.

4. (new – SG 88/05) amendment of the prohibitions or limitation of the activities."

(2) (amend., - SG 88/05) Art.s 10 and 12 shall apply for the changes under para 1. items 1,2 and 3

(3) (new – SG 88/05) Regarding the amendments under Para 1, item 4 the provision of Art. 12 shall be applied.

(4) (previous 3– SG 88/05) The Minister of Environment and Waters shall issue an order for the changes under para 1.

(5) (previous 4, amend,.– SG 88/05)Declaring new protected zones shall be carried out by the order of art. 8, 10, 11 and 12.

 



Art. 17. (amend., - SG 88/05) The orders under art. 12, para 6 and art. 16, para 4 shall be promulgated in the State Gazette.

 

Art. 18. Registers shall be kept for the declared protected zones and the changes in them by the Ministry of Environment and Waters and by the regional inspectorates for the environment and waters.



 

Art. 19. (amend., - SG 88/05) When danger exists of damaging territories of the list under art. 10, para 2 before being declared protected zones the Minister of Environment and Waters can, by an order promulgated in the State Gazette, to prohibit or restrict certain activities in them for a period of up to two years, with exception of the sites submitted to the defence and the armed forces.

 

Section IV.


Buffer zones (revoked – SG 88/05)

Art. 20. (revoked – SG 88/05)

 



Art. 21. (revoked – SG 88/05)

 



Art. 22. (revoked – SG 88/05)

 



Art. 23. (revoked – SG 88/05)

 



Art. 24. (revoked – SG 88/05)

 



Art. 25. (revoked – SG 88/05)

 



Art. 26. (revoked – SG 88/05)

 

Section V.


Management plans and development plans and projects

Art. 27. (amend., - SG 88/05) The protected zones under Art. 3, Para 1, item 1 may work out management plans.

 

Art. 28. The management plans of art. 27 shall be assigned and approved under the conditions and by the order of chapter four, section II of the Law for the protected territories, depending on the category of the protected territory. The provisions of art. 58, 61 and 62 of the Law for the protected territories shall apply for the protected zones when they do not include protected territories.



 

Art. 29. (1) The management plans of art. 27 shall provide measures aiming at prevention of deterioration of the conditions in the types of natural habitats and in the habitats of the species, as well as of the threatening and disturbance of the species for whose preservation the respective protected zones have been declared.

(2) The measures of para 1 shall include:

1. prohibition or restriction of activities contradicting the requirements for preservation of the concrete sites - subject of protection;

2. preventive activities for avoiding predictable unfavourable events;

3. maintaining, directing and regulating activities;

4. restoration of natural habitats and habitats of species of populations of the vegetation and animal species;

5. carrying out scientific studies, educational activity and monitoring.

(3) Taken into consideration in determining the measures under para 2 shall be, where possible:

1. the regional and local particularities, besides those for protection of the biological diversity, as well as the requirements of the public;

2. the sustainable using of the restorable resources.

 



Art. 30. (1) (amend., - SG 88/05) The development plans, development projects for the forests, national and the regional programmes worked out by the order of other laws shall be complied obligatory with the order under Art. 12, Para 6 and with the measures of art. 29.

(2) Included, for providing the connections between the protected zones, in the plans and projects under para 1 shall be measures and activities for preservation of the elements of the landscape which, on the basis of their linear and uninterrupted structure or connecting function, are important for the migration, geographic spreading and genetic exchange of the vegetation and animal populations and species.

(3) Basic elements of the landscape under para 2 are:

1. rivers and their banks and water-supplied old river beds;

2. natural marshes, lakes, over-moist meadows and other humid zones;

3. caves, rock crowns and walls and dunes;

4. saddles and other natural territories connecting individual mountain massifs;

5. field hedges, wind-brake belts, meadows and pastures;

6. overflow river ledges and river-side vegetation;

7. forests at up to 500 m above the sea level.

 



Art. 31. (amend., - SG 88/05) (1) The plans and the programmes under art. 30, para 1 and the investment offers which separately or in interaction with other plans and projects may cause negative impact on the protected zones, shall be assessed for their compatibility with the purposes of preservation of the respective protected zone.

(2) Assessment of the impact on the environment can be carried out for the investment offers, other than those under para 1, by an order determined by an ordinance of the Council of Ministers.

(2) The assignor of the plan, of the programme or of the investment offer under Para 1 shall notify the respective competent body under Para 6 about his/her intent on the earliest stage.

(3) The competent body under Para 6 shall coordinate under the order of Para 7, item 1 the plans, the programmes and the investment offers under Para 1 about which estimates that a possibility to impact negatively the protected zone exist – separately or in interaction with other plans and projects.

(4) The plans, the programmes and the investment offers under Para 1 about which the competent body under Para 6 assesses that a possibility to impact negatively the protected zone exists, shall be subject to assessment, which shall cover the degree of impact of the plan, programme and the investment offer on the natural habitat and the habitat of the species – subject to protection in the protected zone.

(5) For the performance of the assessment under Para 4, the competent body under Para 6 shall:

1. require from the assignor the plan, the programme or the investment proposal to provide a definite per volume and form information;

2. carry out consultations with the public;

3. in necessity assign the performance of additional researches and analyses or the collection of additional scientific information regarding the object and the purposes of the protected zone and/or of the expected degree of damaging the zone.

(6) The assessment under Para 4 shall be finalized by a decision of the Minister of Environment and Waters or of the Director of the respective regional inspection of environment and waters. If within 5 years, count from the date of the issuance of the decision, the assignor does not start actions of execution of the investment offer, the decision under Para 7, item 1 automatically shall terminate its effect.

(7) By the decision under Para 6 the respective competent body shall:

1. coordinate the plan, the programme or the investment offer under Para 1, as well as determine concrete conditions, requirements and measures for preservation of the protected zone upon execution of the plan, the programme of the investment offer;

2. not coordinate the plan, the programme or the investment offer under Para 1 and shall state the reasons for this.

(8) In objective impossibility to collect sufficient information for execution of the assessment under Para 4 or in event of ambiguity regarding the degree of damaging the protected zone, the competent body under Para 6 shall terminate the proceedings, about which shall notify the assignor.

(9) In the cases under Para 7, item 1 the conditions, requirements and measures in the decision of the competent body under Para 6 shall be obligatory for the assignor of the investment offer, the plan or the programme and for the respective competent bodies for their approval in accordance with other laws.

(10) In the cases under Para 7, item 2 and Para 8 the investment offer, the plan or the programme may not be approved by the respective competent bodies in accordance with other laws. In these cases the initiated procedures on them shall be terminated.

(11) Within 7 days form the taking of decision, the competent body shall submit it to the assignor and announce on the Internet page of the Ministry of Environment and Waters.

(12) (amend. - SG 30/06, in force from 12.07.2006) The decisions of the competent body shall be subject to appeal within 14-days term from the announcement under Para 11 under the order of the Administrative procedure code.

(13) For the execution of the assessment the assignor of the plan, the programme or the investment offer shall pay a state fee in amount determined by a tariff, adopted by the Council of Ministers.

(14) Where the respective plan, programme or investment offer under Para 1 shall be a subject to ecological assessment (EA) or to assessment of the impacts on the environment (AIE) under the Law of the preservation of the environment, the collected information and the made analyses at the making out of the assessment under Para 4 shall be used for the preparation of the reports on EA or AIE.

 

Art. 31a. (new – SG 88/05) (1) The terms and order for carrying out the assessemnet under Art. 31 shall be determined by an ordinance, adopted by the Council of Ministers.



(2) In the ordinance under Para 1 obligatory shall be detrmined:

1. the cirteria for determination of the competent body under At. 31, Para 6;

2. the requirmenets to the scope and the content of the information needed for the carrying out of the assessment, including the alternative solutions;

3. requirments to the scope, methods, content and the form of submission of the assessment, as well as the order of its carrying out;

4. the criteria for determining the assessment of the type and the degree of impact on or damaging the protected zone as a result of the realization of the plan, the programme or the investment offer;

5. the stages of the procedure, including the requirements for consultations with the participation of the public;

6. the main principles and criteria for taking the decision under Art. 31, Para 6 by the competent body, as well as requirements to the form and the content of the decision;

7. the order for the issuance of decision on the assessment and the control over its. execution

 



Art. 32. (amend., SG 88/05) (1) The competent body shall coordinate under Art. 31, Para 7, item 1 the plan, the programme or the investment offer only if the conclusion on the assessment under Art. 31, Para 4 is that the object of protection in the protected zone will not be considerably damaged.

(2) The degree of damage under Para 1 shall be assessed at least with regard to the square of the habitats – object of protection, which will be damaged, in comparison with their square in the concrete protected zone and in the whole net of protected zones.

 



Art. 33. (1)(amend., - SG 88/05) Exception of the provision of art. 32, para 1 shall be admitted only for reasons of primary public interest and when an alternative solution is not present.

(2) If the respective protected zone includes a priority type of natural habitat and/or a habitat of priority species valid for the exception under para 1 can only be considerations related to the human health, the public security or favourable impact on the environment.

 

Art. 34. (1) In the cases of art. 33 the Ministry of Environment and Waters shall take compensatory measures for providing the entity of the National Ecological Network, regardless of the phase of utilisation of the plan or project.



(2) The measures of para 1 consist in preservation or restoration of the same type of natural habitat or habitat of the same vegetation or animal species:

1. at another place of the damaged protected zone;

2. in an extension of the same or extension of another protected zone;

3. in a new protected zone.

(3) The expenses related to the implementation of the measures of para 1 shal lbe taken over by the investor of the plan or project.

 


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