official translation
THE REPUBLIC OF LITHUANIA
ENVIRONMENTAL PROTECTION LAW
(As amended by 28 May 1996)
CHAPTER I. GENERAL PROVISIONS
Article 1. Main Definitions
As used in this Law:
"Environment" means the whole of mutually related elements functioning in nature (the earth's surface and underground, air, water, soil, flora, fauna, organic and inorganic material, anthropogenic components), as well as the natural and anthropogenic systems uniting them;
"Environmental protection" means the protection of the environment from physical, chemical, biological or other negative effects arising as a result of use of natural resources;
"Natural resources" means the elements of organic and inorganic nature which are used or may be used by man in order to satisfy his needs;
"Ecosystem" means the functional system of interrelated organic and inorganic elements and/or their components, and the processes of metabolism and energy exchange;
"Environment protection norm" means the numeric or logical expression of the permitted level of impact of economic or other activities on the environment which are carried out in accordance with the established order;
"Standard of environmental protection" means a regulatory document prepared and approved in accordance with the established procedure, which defines rules, general principles or characteristics suitable for general and multiple use;
"Limitation of natural resources" means the establishment of norms for natural resource use, taking into consideration information on the amount of natural resources, their renewal and preservation for the future;
"Harmful effects on the environment" means the deterioration or loss of the natural functions of the ecosystem or its components;
"Environmental monitoring" means systematic observation of the state of the environment and any changes, as well as evaluation and prognosis of anthropogenic impact;
"Environmental impact assessment" means the process of assessment of planned activities which are likely to have effects on the environment;
"Ecological information" means the whole of the information concerning the state of environmental quality;
"Economic activities" means economic and other activities which affect the environment;
"Dangerous substances" means poisonous, harmful, flammable, explosive, corrosive and other substances which could harm people and natural processes taking place in the environment; and
"Emission of pollutants" means emission of polluting substances into the environment. (Amended and supplemented 28 May 1996)
Article 2. Objectives of the Law
This Law shall regulate public relations in the environmental protection field, define the main rights and duties of legal and natural persons preserving biological diversity characteristic to the Republic of Lithuania, ecological systems and landscape, ensuring healthy and clean environment, rational use of natural resources in the Republic of Lithuania, its territorial waters, continental shelf and economic zone.
Other laws and enactments regulating the use of natural resources and environmental protection shall be adopted on the basis of this Law. (Amended 28 May 1996)
Article 3. Object of Environmental Protection
The object of environmental protection shall be the environment of the territory of the Republic of Lithuania and natural resources which are under the jurisdiction of the Republic of Lithuania.
Article 4. Principles of Environmental Protection
In the Republic of Lithuania, environmental protection shall be the concern and duty of the State and of each of its inhabitants.
Environmental protection policy and practice shall direct social and individual interests towards the improvement of environmental quality, encourage the users of natural resources to seek ways and measures to avoid or diminish hazardous impact on the environment, and to make production processes more ecologically friendly.
Natural resources must be utilised in a rational and composite way, taking into consideration the possibilities of preservation and renewal of nature, as well as natural and economic particularities of the Republic of Lithuania.
Environmental protection shall be based on comprehensive, correct and timely ecological information.
Article 5. Competence of the Seimas of the Republic of Lithuania in the Field of Environmental Protection
The Seimas of the Republic of Lithuania forming the national policy of environmental protection shall:
Article 6. System of the Public Environmental Protection Management
The public environmental protection management in the Republic of Lithuania shall be carried out by the Government of the Republic of Lithuania, the Ministry of Environmental Protection, and other authorised public authorities.
Environmental protection management in the territories of municipalities shall be carried out by relevant local authority institutions in accordance with the procedure established by the laws.
Each of these institutions shall be responsible for the execution of functions attributed to them by this Law.
In implementing the national environmental protection policy, the Government of the Republic of Lithuania shall:
The Ministry of Environmental Protection of the Republic of Lithuania, in carrying out environmental protection management and national regulation of use of natural resources, shall:
The functions of other public authorities shall be defined by other laws and regulations of these authorities.
While organising implementation of environmental protection laws, and regulatory enactments on the issues of environmental protection adopted by the Government and the Ministry of Environmental Protection, local authority institutions shall:
CHAPTER II. RIGHTS AND DUTIES OF CITIZENS AND
PUBLIC ORGANISATIONS OF THE REPUBLIC OF LITHUANIA
Article 7. Rights of Citizens and Public Organisations
Citizens and public organisations shall have the right:
Article 8. Duties of Public, Administration, Management and Control Institutions in Ensuring the Rights of Citizens and Public Organisations
Public administration, management and control institutions within their jurisdiction must:
Article 9. Duties of Citizens and Public Organisations
Citizens and public organisations of the Republic of Lithuania must protect the environment, use natural resources in an economical way, and avoid violation of the rights and interests of other users of natural resources.
Article 10. Rights and Duties of Foreign Nationals and Stateless Persons
Foreign nationals and stateless persons must abide by the rights and duties of the citizens of the Republic of Lithuania as established by this Law, if other laws of the Republic of Lithuania do not provide otherwise.
CHAPTER III. USE AND REGISTRATION OF NATURAL RESOURCES
Article 11. The Subject of Use of Natural Resources
The subject of use of natural resources shall be natural resources which are under the jurisdiction of the Republic of Lithuania.
Article 12. Protected Areas and Nature Frame
Protected areas shall be as follows:
The nature frame shall link protected areas of natural character and other areas which are important from the environmental protection point of view and sufficiently natural to ensure the general stability of the landscape, to form a general landscape management system of ecological compensation zones.
The preservation of protected areas and use of their natural resources shall be regulated by the Law on Protected Areas of the Republic of Lithuania, other laws and legal acts. (Amended 28 May 1996).
Article 13. State Registration of Natural Resources
The Government of the Republic of Lithuania shall establish the procedure for the registration of natural resources, keeping of cadastres and reporting. (Amended 28 May 1996)
Article 14. Users of Natural Resources
Natural resources may be used by legal and natural persons.
The basis for the use of natural resources shall either be the right of ownership or the right of use.
Users of natural resources must:
CHAPTER IV. REGULATION OF ECONOMIC ACTIVITIES
Article 15. Environmental Impact Assessment
Economic activities shall be planned and carried out in accordance with the law and other legal acts, environmental monitoring data, state registration of natural resources, environmental protection programmes and schemes, landscape projects and master plans, taking into consideration the natural potential of the Republic of Lithuania.
Legal and natural persons planning to undertake economic activities shall carry out an environmental impact assessment at their own expense in accordance with the established order and shall prepare documentation on the possible effects of such activities on the environment and submit it for approval in accordance with the list approved by the Government of the Republic of Lithuania which attributes the various types of planned activities to the competence of local authorities or the Ministry of Environmental Protection.
The institutions indicated in the second part of the article shall evaluate the submitted documents concerning the possible impact of economic activities on the environment and within its competence present a motivated conclusion or motivated decision regarding the possibility of activities. The decision shall be obligatory for the institution issuing permits for economic activities.
The procedure for the preparation of documents concerning the possible impact of economic activities on the environment shall be established by the Ministry of Environmental Protection of the Republic of Lithuania. (Amended 28 May 1996)
Article 16. Designing Economic Activities which are Likely to Have an Effect on the Environment
Territorial organisation and state environmental management control of economic activities of legal and natural persons which are likely to have an effect on the environment, shall be carried out in accordance with the documents of general and special territorial planning.
Legal and natural persons designing the construction, reconstruction or expansion of any entities which are likely to have an effect on the environment, or preparing projects of general and special territorial planning, must provide in the project documentation the measures for rational use of natural resources and for avoiding negative effects on the environment.
Project documentation in accordance with the established manner shall be co-ordinated with local authority institutions and the Ministry of Environmental Protection. (Amended 28 May 1996)
Article 17. Construction, Reconstruction and Expansion of Economic Facilities
Legal and natural persons may construct, reconstruct or expand facilities relating to economic activities only when they have project documentation pursuant to the requirements of Article 16 of the Law.
Construction, reconstruction or expansion of economic facilities without project documentation required by Article 16, or not complying with the environmental protection regulations provided by the project documentation, violating environmental protection limitations for construction, reconstruction or expansion works shall be liable in the manner established by the laws.
The imposition of liability shall not prevent the public environmental protection management and control institutions or their officers, specified in Article 6 of the Law, from suspending any works of construction, reconstruction or expansion of economic facilities in accordance with the established procedure.
Article 18. Commissioning of Newly-built, Reconstructed and Expanded Economic Facilities
The operation of newly-built, reconstructed and expanded economic facilities shall be permitted only after accomplishing all environmental protection measures provided in the project documentation.
Environmental Protection officers shall take part in the commissioning of newly-built, reconstructed and expanded economic facilities, or they shall present their conclusions. (Amended 28 May 28 1996)
Article 19. Operation of Economic Facilities
Prior to starting operation of objects of economic activities legal and natural persons must, in accordance with the procedure established by the Ministry of Environmental Protection, obtain a permit for the use of natural resources and emission of pollutants to the environment (permit for use of natural resources).
Legal and natural persons shall operate economic facilities under the conditions established in the permit and shall not exceed environmental protection norms and standards.
While operating economic facilities which are potentially hazardous to the environment, legal and natural persons must, at their own expense, monitor the degree of environmental pollution, and its impact on the environment, ensure public availability of the information and provide conditions for pollution control.
Legal and natural persons operating economic facilities must, in accordance with the established procedure, report on their use of natural resources and on pollutants discharged.
Legal and natural persons operating economic facilities which do not require a permit for the use of natural resources and emission of pollutants to the environment must follow the environmental protection norms and standards established for such facilities. (Amended 28 May 1996)
Article 20. Production and Use of Dangerous Chemicals
Legal and natural persons using dangerous chemicals must follow the established order for their use, storage, registration, disposal, treatment, transportation, transit, import and export. Such substances shall be stored, disposed of and treated at the expense of the producer or user.
The Ministry of Environmental Protection shall establish a procedure for the use, storage, registration, disposal, treatment, transportation, transit, import and export of dangerous chemicals.
The production, relocation, transit and import of chemical weapons shall be strictly prohibited in the Republic of Lithuania. (Amended 28 May 1996)
Article 21. Production and Use of Radioactive Substances
The procedure for the use, storage, registration, disposal, treatment, transportation, transit, import and export of radioactive substances and waste, as well as ionising radiation sources, shall be established by the institutions authorised by the Government of the Republic of Lithuania.
In the territory of the Republic of Lithuania the production of radioactive substances intended for nuclear weapons or fuel for nuclear power plants, as well as the recycling of the elements of such fuel already used shall be prohibited.
The production of nuclear weapons, their relocation, transit and import shall be prohibited in the Republic of Lithuania. (Amended 28 May 1996)
Article 22. Biological Pollution Sources
The Ministry of Environmental Protection together with the Ministry of Health shall establish a procedure and norms for the use, storage, registration, creation, multiplication, treatment, transportation, transit, import and export of potential biological pollution sources.
The production of biological weapons, their relocation, transit and import shall be prohibited in the Republic of Lithuania. (Amended 28 May 1996)
Article 23. Waste Management
Legal and natural persons must keep records on waste and follow a procedure relating to safe keeping, storing, sorting, utilisation and treatment established by the institutions authorised by the Government of the Republic of Lithuania. The waste shall be managed, held, stored, disposed of, treated and transported at the expense of the manufacturers or users.
Legal and natural persons shall be liable for waste which is the result of production until it is recycled, treated or transferred to other legal or natural persons in accordance with the established procedure.
The Government of the Republic of Lithuania shall allocate plots of land for holding, storage and treatment of dangerous and radioactive waste.
Dangerous and radioactive waste shall be kept, stored and treated in special facilities or storage.
The management of dangerous and radioactive waste shall be organised by the institutions authorised by the Government of the Republic of Lithuania, and other types of waste - by local authority institutions.
The import of waste to the Republic of Lithuania for storage, treatment or disposal shall be prohibited. (Amended and 7th paragraph repealed 28 May 1996)
Article 24. Emergency Ecological Situations
An emergency ecological situation shall mean a dangerous state of the environment when as a result of economic activities, accident or other event or natural reasons, environmental quality standards are significantly exceeded and/or continuously exceeded, resulting in environmental degradation.
Areas in which an emergency ecological situation has occurred shall be declared ecological danger or ecological disaster zones.
An area where environmental quality standards are significantly exceeded and the environment is dangerously degrading shall be declared an ecological danger zone by the Ministry of Environmental Protection.
Areas where the environment has either degraded irremediably or has become unsuitable for living as a result of economic activities, accident, other events or natural reasons shall be declared an ecological disaster zone by the Government of the Republic of Lithuania on the recommendation of the Ministry of Environmental Protection.
Areas which are declared ecological disaster zones shall be marked by special signs.
In ecological danger or disaster zones activities dangerous to the environment or to human health shall be suspended, limited or prohibited. Rules governing ecological danger zones shall be defined by the Ministry of Environmental Protection, and rules governing ecological disaster zones - by the Government of the Republic of Lithuania.
During such emergency situations legal and natural persons shall eliminate the causes, manage the consequences and carry out other measures as defined by the rules.
The Government or the Republic of Lithuania, county governor or local authority institutions shall have the right to request the involvement of special services, organisations and residents in order to eliminate the causes and to manage the consequences of any ecological disaster, and to take decisions relating to the evacuation of residents.
Costs incurred in the management of ecological disasters shall be met by legal and natural persons found to be at fault, and in other cases - by the State. (Amended 28 May 1996)
CHAPTER V. SYSTEM FOR MONITORING THE CONDITION OF THE ENVIRONMENT AND FOR LIMITING NEGATIVE ENVIRONMENTAL IMPACTS
Article 25. System for Monitoring the Condition of the Environment
A uniform system for monitoring the environment and its components, comprising the state environmental monitoring and the environmental monitoring carried out by economic entities, shall be established in the Republic of Lithuania. The Ministry of Environmental Protection shall carry out the environmental monitoring and co-ordinate monitoring carried out by economic entities.
The state environmental monitoring shall be financed with public funds. Economic entities shall carry out environmental monitoring at their own expense.
The content, structure and execution of the state environmental monitoring and the environmental monitoring carried out by economic entities shall be established by the Environmental Monitoring Law. (Amended 28 May 1996)
Article 26. The System of Limiting Negative Environmental Impact
Any negative environmental impact of economic activities shall be limited by norms, standards, limits, legal and economic regulatory measures.
Norms shall be established in the Republic of Lithuania relating to pollutant concentrations in the environment and in separate parts of the environment, pollutant emissions to the environment, use of chemicals and other substances dangerous for the environment, the use of natural resources, noise, vibration, electromagnetic fields or other impact, radiation safety, general anthropogenic load and other environmental protection norms.
An environmental impact assessment must be carried out prior to the introduction or creation of new technology, product or material. (Amended 28 May 1996)
Article 27. State Expert Examination of Environmental Impact Assessment
State expert examination of environmental impact assessment shall be organised by the Environmental Protection Ministry in accordance with the established procedure.
Conclusions of the state expert examination of environmental impact assessments shall be binding on all legal and natural bodies. (Amended 28 May 1996)
CHAPTER VI. THE ECONOMIC MECHANISM OF
ENVIRONMENTAL PROTECTION
Article 28. Environmental Protection Economic Instruments
Ecological and economic interests of the State shall be co-ordinated by applying economic mechanisms of environmental protection set forth in the laws of the Republic of Lithuania and other legal acts. This shall consist of:
Article 29. Methods of Implementation of Environmental Protection Economic Instruments
The introduction of low waste technologies and manufacturing of ecological products shall be promoted by tax reduction, soft loans and state subsidies.
Article 30. Public Financing of Environmental Protection Measures
Environmental protection measures shall be financed by natural resource users, the State and local authorities.
The National Budget funds allocated for environmental protection shall be used in accordance with the directions and programmes defined by the Government of the Republic of Lithuania as a priority.
The national nature protection fund and municipal nature protection funds shall be additional financial sources for environmental protection. Foreign credits may be a further financial source.
A procedure for the formation and disposal of the national nature protection fund shall be established by the Seimas of the Republic of Lithuania. (Amended and supplemented 28 May 1996)
CHAPTER VII. THE STATE CONTROL OF ENVIRONMENTAL PROTECTION AND LIABILITY (Amended 28 May 1996)
Article 31. The State Control of Environmental Protection
The state control of environmental protection and use of natural resources is carried out by officers of the Environmental Protection Ministry - state environmental protection inspectors.
In carrying out their service duties, state environmental protection inspectors shall have the right:
The Environmental Protection Ministry carrying out state control of environmental protection and use of natural resources shall establish institutions of environmental protection inspectors not on permanent staff and shall approve their regulations. (Amended 28 May 1996)
Article 32. Forms of Compensation for Damage Caused to the Environment by Unlawful Activities
Legal and natural persons who, by way of unlawful activities, cause damage to the environment, to human health and life, to the property or interests of other legal and natural persons, must cover all losses and if possible restore the condition of the environment. (2nd paragraph repealed 28 May 1996)
Article 33. Claims for Damages Caused by Unlawful Activities
The following shall have the right to make a claim for damages caused by unlawful activities:
Article 34. Liability, Procedure for Consideration and Settlement of Disputes Relating to the Environmental Protection Issues
Upon having violated environmental protection requirements, legal and natural persons shall be held liable in accordance with the laws of the Republic of Lithuania.
Disputes concerning the issues of environmental protection and use of natural resources shall be considered by the courts of the Republic of Lithuania in accordance with the established procedure.
Disputes between the legal and natural persons of the Republic of Lithuania and foreign countries shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania, if international agreements to which the Republic of Lithuania is a party do not provide for another procedure of consideration and settlement of these disputes. (Amended 28 May 1996)
CHAPTER VIII. INTERNATIONAL CO-OPERATION OF THE REPUBLIC OF LITHUANIA IN THE FIELD OF THE ENVIRONMENTAL PROTECTION
Article 35. International Co-operation of the Republic of Lithuania on the Environmental Protection Issues
The Republic of Lithuania, acting in compliance with universally recognised and declared international principles of environmental protection, shall conclude international agreements on environmental protection issues and shall participate in the activities of international environmental protection organisations.
The Republic of Lithuania, co-operating with other states on environmental protection issues, shall:
Article 36. The Relation Between the Environmental Protection Law of the Republic of Lithuania and International Environmental Protection Agreements
The laws of the Republic of Lithuania must comply with the international agreements on environmental protection issues ratified by Lithuania and universally recognised international environmental protection norms.
Regulations laid down in the international environmental agreements on the environmental protection issues, to which the Republic of Lithuania is a party, must conform to the environmental quality norms and standards established in the Republic of Lithuania.
DEPUTY CHAIRMAN BRONISLOVAS KUZMICKAS
SUPREME COUNCIL
REPUBLIC OF LITHUANIA
Vilnius, 21 January 1992
No.I-2223