伊拉克环境保护法2009版.pdf

1 Law No 27 of 2009 for Protection and Improvement of Environment 2 Law No 27 of 2009 for Protection and Improvement of Environment In the name of the people Presidency council In pursuance to the ratification of the council deputies and approval of presidency council and according to the provisions of paragraph (1) of Articles (61) and paragraph (3) of Article (73) of the constitution. The following law has been issued: 3 Law for protection and improvement of Environment N0 (27) of 2009 Chapter one Definitions and Aims Article (1) The law aims at protecting and improving the environment through elimination and treatment of existing damages or damages likely to be caused. It also aims at preserving public health, natural resources, biodiversity as well as natural and cultural heritage, in coordination with the relevant authorities in a manner that ensures sustainable development through International and Regional cooperation in this regard. Article (2) The following terms, for the purpose of this law, shall have mean: 4 I. Ministry: Ministry of Environment II. Minister: Minister of environment III. Board: Board for the protection and improvement of Environment. IV. Board of Governorate: Board for the protection and improvement of environment at each governorate. V. Environment: surrounding with all its elements where living creatures live in as well as the impact resulting in mans economical, social and cultural activities. VI. Environment elements: water, air, soil and living creatures VII. Pollutions of Environment: any solid or liquid or gaseous materials or noises or vibrations, or radiations or heating or flame and the like or biological factors cause direct or indirect pollution for the environment. VIII. Pollution of Environment: the existence of any pollution effecting in the environment with unnatural quantity or concentration feature causing direct or indirect damages for the mankind or other living creatures or non-biological creatures in which they are existed. IX. Environment limits: allowable limits for the concentration of any pollution that it is allowed to be 5 thrown in the environment according to the national standards. X. Waste: unusable or recyclable or unusual gaseous, liquid and solid materials resulting from all kind of activities XI. Dangerous waste: waste cause or may cause, because of its content, dangerous damage for the mankind or the environment. XII. Conservation area: A piece of land or water allocates for protecting of vital, cultural, and natural resources existence. XIII. Dangerous materials: the materials may cause harm for the mankind health when they are misused or may cause severe damage in the environment like infectious factors or toxic or explosive or flammable or magnetic or ionic radiation substances. XIV. The Environmental catastrophe: serious damage affecting on the environment that normal ability of government is not enough to treat on its result or control on it. XV. The deterioration of the soil: loss of its morphological or chemical or physical features or fertility or microbiology in it, XVI. Sustainable development: social and economical development that meets the needs of current generation without influencing on the need of next 6 generation in the preservation with environmental system and with the rationale usage of the natural resources. XVII. Environmental effect evaluation: studying and analyzing the environmental feasibility study for the proposed projects that their establishment or their activities may have impact on the mankind health and the safety of the environment in the present or in the future with aim of protecting it. XVIII. The water of stabilization: water existed in the oil carriers tanks. XIX. The renewal energy: the energy taken from natural resources that may be renewed and unexhausted including the energy releases from the sun, water, wind, wave, and moving water tide and ebb tide in the difference with the energy release from fossil fuel since its wastes do not have environmental pollutions. XX. Environmental warden: the public servant nominated according to the provisions of this law to observe the implementation of the legislations relevant to the environment. Chapter two 7 Board for Protecting and Improving Environment Article (3) According to this law, a Board shall be founded under the name of name (the Board for the protection and improvement of Environment) attached to the Ministry, it shall be represented by the chairman of the Board or the one who shall be authorized. Article (4) I. The Board consists of: A. Minister of Environment- president B. Technical undersecretary of the Minister- vice- president C. A director general from the ministry- Member and rapporteur D. A representative of all the following parties who shall be at least director general and from office or party has in the relation with the protection of Environment and has experience of this field. Member 1. Ministry of Municipality and General works 2. Ministry of Planning and Developing Cooperation 8 3. Ministry of High education and scientific research 4. Ministry of Interior 5- Ministry of Agriculture 6- Ministry of Health 7- Ministry of Mineral and Industry 8- Ministry of Technology and Sciences 9. Ministry of Electricity 10. Ministry of Water resources 11. Ministry of Oil 12. Ministry of Transport 13. Ministry of state for the Affairs of Tourism and Antiquities 14. Ministry of Foreign Affairs 15. Ministry of Education 16. Ministry of Trade 17. Ministry of Labor and social Affairs 18. Ministry of culture 19. Ministry of housing and construction 20. Baghdad municipality 21. Iraqi Board for the control on the radioactive sources 22. Ministry of Defense 9 E. an expert in the protection of environment nominated by the Minister, Member F. an employee from the Ministry nominated by the Minister, secretary for the Board. II. The Board has the right to host any expert or representative of cooperative or private or mixed or public sector for seeking his opinion or for enquiring about environmental matters relevant with the side that he is represented it with the exclusion of voting right. Article (5) I. The Board shall meet at least once each two months on the invitation of its president or whom he shall be authorized or in the emergency cases. II. Quorum is reached in the presence of the majority of its members. II. Quorum is reached in the presence of simple majority of its members. III. The decisions taken in the Board shall be the majority of vote of the members present at the meeting in the event of inequality of votes, the president shall have a casting vote. IV. Believing they are necessary, the Board shall send recommendations to the ministers council and when the 10 council passes them, they shall be obligatory and shall be carried out. Article (6)-1- To achieve its goals, the Board shall exercise the following:- A. Giving advice on the presented environmental matters, B. Expressing opinion about the environmental matters for the plans, projects and national plans prepared by Ministries and concerned parties before endorsing them and following out their implementation. C. Coordination with Ministries and the concerned parties in the preparation of local programs relevant with the protection of the nature and following out their implementation, D. Giving opinion on the international and Arabic relations relevant with environmental matters, E. Giving opinion on the national plan and plans of Ministries for the emergency and environmental disasters, F. Coordination the activities of the Ministries and the parties concerned with the protection of the environment and evaluation their works, G. Giving opinion on the legislations relevant with the environment or its projects 11 H. Evaluation the works of the Boards for protection and improvement of Environment in the governorates I. Collaboration with the Ministries and the parties concerned with preparing a list of cultural and natural heritage sites and nomination for the world heritage list J. Giving opinion on the annually report regarding the condition of Environment in the republic of Iraq before passing it to the council of Ministries II. Board has right to form committees among its members for the considerations of certain issues to study them and to pass the recommendations on them. III. The Board has right to authorize its president or presidents of the Boards in the governorates to do its duties. Chapter three Boards for Environmental Protection and Improvement in the governorates Article (7)-1- I. There shall be established in each governorate a Board under the name of (Board for the protection and improvement of Environment in the governorate) 12 headed by the governor and attached with the Board. The duties, normal procedures and nomination its member s shall be defined by instructions issued by the head of the Board. II. The council of the protection and improvement in the governorate has the right to host any specialist or the representative of cooperative , mixed ,private and public sectors to consult them or to inquire about the environmental matters relevant with the party that he represents it without having right of voting. Chapter four Provisions of the protection of Environment Section one General provisions Article (8) The planning parties in the government shall assume the task of incorporating the considerations of protection of the environment anti-pollution, rational consuming for the 13 natural resources and sustainable development in the plans of developmental projects. Article (9) Parties resulting from their activities environmental pollution shall be abode by the following:- 1. Providing the means and systems of pollution treatment with the usage of environmental cleanest techniques and operating them and be sure of their fitness and fixing the defect when it happened and informing the Ministry thereby. 2. Supplying Devices for monitoring and measuring of pollutions according to their nature and writing down the results of measures in a record for this purpose to be easy for the Ministry to get them. In case of non existence of these devices, the Ministry shall use devices of measuring in their office; consultative parties and laboratories adopted by the Ministry and shall subject to the supervision and inspection of the Ministry. 3. Making database relevant with the protection and maintaining the environment including concentration and levels of the pollutions resulting from the party and according to their kind 4. Working to use renewal energy techniques for decreasing the pollution 14 Article (10) I. The owner of any project before its establishment shall be abode to prepare a report regarding the estimation of environmental impact including as the following:- A. The estimation of negative and positive impact of the project on the environment and impact of surrounding environment on it, B. The proposed means to avoid and to treat the causes of the pollution to be abode by Environmental regulations and directives. C. Emergency pollution cases and probability and the precautions should be taken to prevent its occurrence D. The possible alternatives to use technology less harmful for the environment and rationalizing the resources usage E. Reduction the waste and recycle or reuse it as much as possible F. Evaluation of environmental feasibility for the project and evaluation the cost of pollution compare with the production, 15 II. Economical and technical feasibility study for any project shall contain the report stipulated in the provision (first) of this Article. Article (11) Parties that have activities impact on Environment shall be prevented for practicing its work unless they get the approval of the Ministry. Article (12) The provisions stipulated in the Article (9), (10), (11) of this law take effect on the existing utilities or the expansions or rebuilding that may occur. Article (13) I. Parties responsible on the education and teaching with its different levels shall be in charge of entering the materials and environmental sciences in all studying levels and working on establishment and developing specialized institutes in the sciences to graduate qualified staff for the environmental work in the coordination with ministry of environment. 16 II. The parties responsible of information, the guidance and direction shall work to enhance the environmental awareness program in all kinds of media and directing their private and public programs in away to serve the protection of Environment. III. The parties concerned with the culture shall be in charge of preparing the programs and publishing the books, publications and bulletin aiming to develop the environmental culture. Second part Water protection from the contamination Article (14) The following is prohibited 1. Spilling any home liquid or industrial or serviceable or agricultural waste for the surface internal and ground water resources or Iraqi Marine spaces shall not be done unless the necessary remedies carried out in away to ensure its accordance with the limited standards in the national environmental legislations and relevant international agreements compulsory for the republic of Iraqi including all drainages whether they are continuing or discontinuing or temporary and take the necessary 17 measures to prevent the contamination to access from the land to the marine region whether they are through water or air or from the beach directly or from the vessels or aircrafts. ii- Join or drain the swage of the houses , factories and other activities to the drainages nets; iii- Throw solid wastes or refuses, carcasses or dirt of the animals into watering- places; iv. Use toxic and explosive materials for fishing and hunt water birds and animals; v. Drain oil remains, fuels or balance water of the tankers into inner shallow water or marine fields of Iraq, whether the drain is from fixed stations, mobile sources of the leaks resulted from loading operations; vi. Any actions lead to the contamination of the shallow water through usage of their banks unless obtain the approval of the concerned parties; vii. Any actions lead to the contamination of the marine region resulted by survey and invest the regional seabed with its lower ground and continental shelf comprise facing the emergency contamination cases which cause damages to the marine environment in order to guarantee the liability of the national statues and principles and terms of the international law. 18 Section Three The Protection of Air from the Pollution and the Stopping of Noise Article (15) The followings are prohibited:- I. Emana