TURKMENISTAN LAW ON Environmental Information
TURKMENISTAN LAW ON Environmental Information
This Law defines the legal, organizational, economic and social basis for providing access to environmental information and is aimed at ensuring the rights of legal entities and individuals to receive complete, reliable and timely information about the state of the environment and natural resources.
CHAPTER I. GENERAL PROVISIONS
Article 1. Basic concepts
1. The following basic concepts are used in this Law:
1) environmental information - any information in the field of ecology in written, audiovisual, electronic or other material form, provided for in this Law;
2) holders of environmental information - state bodies, local self-government bodies and other legal entities, as well as individuals engaged in entrepreneurial activities without forming a legal entity, who, as a result of their economic and other activities, have an impact on the environment and generate environmental information;
3) users of environmental information - legal entities and individuals wishing to receive and use environmental information in accordance with this Law;
4) access to environmental information - the transfer of environmental information to its users, as well as providing them with the opportunity to search for this information by studying documents and obtaining copies on the spot or referring to published information;
5) environmental information resources - environmental information intended to be entered into the system of environmental information or contained in documents, arrays of documents, library funds, archives, databases, regardless of the method of its provision or storage organization, or contained in it;
6) provision of environmental information - actions aimed at transferring relevant information to users of environmental information in accordance with the responsibilities assigned to holders of environmental information in accordance with this Law and other regulatory legal acts of Turkmenistan;
7) dissemination of environmental information - actions of holders of environmental information aimed at bringing relevant information to the attention of users of environmental information by posting it in print publications, other media, on their official websites on the Internet and through a digital network or other publicly available methods in accordance with with the legislation of Turkmenistan;
8) the authorized body - the Ministry of Agriculture and Environmental Protection of Turkmenistan.
2. Other concepts are defined in separate articles of this Law.
Article 2. Legislation of Turkmenistan on environmental information
1. The legislation of Turkmenistan on environmental information is based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan.
2. Relations in the field of protection of intellectual property, copyright and related rights, state secrets and other secrets protected by law are governed by the relevant legislation of Turkmenistan.
Article 3. Scope of this Law
1. This Law regulates relations related to ensuring the right of access to environmental information held by holders of environmental information, its transmission or dissemination by holders of environmental information, and determines the basic conditions and procedure for ensuring this right.
2. This Law regulates relations arising from:
1) collection, storage, transmission, distribution and use of environmental information;
2) protection of the rights of legal entities and individuals with access to environmental information.
CHAPTER II. TYPES, CONTENT OF ECOLOGICAL INFORMATION AND SOURCES OF ITS FORMATION.
STATE FUND FOR ENVIRONMENTAL INFORMATION
Article 4. Types of environmental information
1. Environmental information is subdivided into publicly available environmental information and specialized environmental information.
2. Environmental information, not related to specialized environmental information, available to everyone, placed in order to bring it to the attention of users of environmental information in print publications, other media, on official sites on the Internet and through a digital network or other publicly available means, permission for the provision and distribution of which is not limited, is publicly available environmental information.
3. Environmental information that is provided under the contract and requires additional preparatory work, including collection, processing and analysis, is specialized environmental information.
4. Environmental information about the fact of harmful effects on the environment cannot be classified as specialized environmental information.
Article 5. Content of environmental information
Environmental information includes information:
1) on the state of the environment, including the state of lands, soils, subsoil, surface and ground waters, forests, flora and fauna and its biological diversity, ecological systems, natural landscapes and specially protected natural areas, atmospheric air, climate and ozone the layer of the Earth, other natural objects, as well as the interaction between these objects, genetically engineered organisms and microorganisms;
2) on pollutants, hazardous chemical and biological substances, radioactive materials, waste, the release of which into the environment affects or may affect its components, as well as the impact on the environment of noise, shocks, magnetic fields, infrared radiation in excess of the maximum permissible standards and other harmful physical influences;
3) on the measures of state authorities, local authorities, economic and other activities of legal entities or individuals, on cost-benefit analyzes, as well as other economic analyzes and forecasts used in making decisions on issues related to the environment, providing or capable of providing the impact on the state of the components of the environment specified in paragraph 1 of this article;
4) on regulatory legal acts, concepts, strategies, programs and plans for the rational use of natural resources and environmental protection, the implementation of which has or may have an impact on the environment;
5) the extent to which the environment affects or may affect the health of citizens, their living conditions and safety;
6) other information on the state of the environment established by the legislation of Turkmenistan.
Article 6. Sources of formation of environmental information
Environmental information provided or disseminated by holders of environmental information is formed as a result of:
1) environmental monitoring;
2) carrying out measurements in the field of environmental protection;
3) maintaining state records in the field of environmental protection;
4) keeping records of natural resources used and environmental impacts;
5) assessing the impact on the environment of the planned economic and other activities;
6) carrying out environmental expertise;
7) exercising control in the field of environmental protection;
8) environmental audit;
9) conducting an ecological cadastre for the ecological system;
10) implementation of environmental certification;
11) implementation of regulation in the field of environmental protection;
12) issuing special permits (licenses), other permits and documents giving the right to use natural resources, making changes and (or) additions to these permits and other documents, re-issuing them, extending the term, suspending and terminating their validity;
13) development and implementation of programs, plans and measures for the rational use of natural resources and environmental protection;
14) conducting scientific research in the field of the environment;
15) carrying out other activities in the field of the environment.
Article 7. State Fund for Environmental Information
1. The State Fund for Environmental Information (hereinafter referred to as the Fund) is a state information base created by the authorized body in order to provide state bodies, local self-government bodies, other legal entities and individuals with reliable information about the state of the environment and its objects, factors of impact on the environment, measures taken for its protection, prevention of environmental pollution and its reduction, rational use of natural resources.
2. Environmental information resources of the Foundation are completed in the following order:
1) on the basis of information provided on a mandatory basis by state bodies, local authorities and other legal entities;
2) on the basis of information provided by legal entities and individuals on a voluntary basis.
3. The information resources of the Fund include the following types of environmental information:
1) information in the field of ecology of the cadastre of natural resources;
2) register of emissions and transfer of pollutants and other registers of environmental information;
3) List of environmentally hazardous activities and environmentally hazardous facilities;
4) data from environmental monitoring;
5) data of the environmental impact assessment and the conducted state ecological expertise with the consent of the customer for the planned activity;
6) normative legal acts and normative and technical documents in the field of environmental protection and rational use of natural resources;
7) reports on the implementation of research and development work related to environmental protection;
8) scientific and technical literature in the field of ecology and environmentally friendly technologies;
9) other information and documents containing environmental information.
4. The collection of information resources for the Fund can be carried out through a digital system or in other ways in accordance with the legislation of Turkmenistan.
5. The Fund is created and maintained by the authorized body in accordance with the Regulations on it, approved by the Cabinet of Ministers of Turkmenistan.
6. The Regulation on the Fund includes the issues of creating and maintaining the Fund, collecting, storing, analyzing relevant environmental information, providing it to users of environmental information and disseminating it in publicly available ways.
Article 8. Competence of the authorized body in the field of environmental information
Authorized body:
1) implements the state policy in the field of environmental information;
2) carries out activities for the collection, storage, analysis, provision and dissemination of environmental information;
3) coordinates the activities of state bodies, local self-government bodies and other legal entities and individuals for the collection, storage, analysis, provision and dissemination of environmental information;
4) organizes and conducts activities for the development of environmental education, education and formation of the environmental culture of the population and nature users;
5) creates and maintains the Fund in the manner and on the conditions established by this Law and other regulatory legal acts of Turkmenistan;
6) develops the Regulation on the Fund and, in accordance with the established procedure, submits it for approval to the Cabinet of Ministers of Turkmenistan;
7) decides other issues in the field of environmental information that are within its competence in accordance with this Law and other regulatory legal acts of Turkmenistan.
CHAPTER III. ACCESS TO ECOLOGICAL INFORMATION
Article 9. Right to access environmental information
1. Users of environmental information are guaranteed the right to free access to environmental information held by holders of environmental information.
Users of environmental information have the right to search for and receive environmental information of interest to them in any form from various sources, subject to the requirements established by this Law.
2. Individuals, regardless of their place of residence and place of registration, in accordance with the procedure established by the legislation of Turkmenistan, have the right to receive environmental information from holders of environmental information in a form convenient for them and in approved conditions.
3. Foreign legal entities and individuals, stateless persons are guaranteed the right to access environmental information on an equal basis with legal entities and individuals of Turkmenistan.
Article 10. Guarantees of ensuring the right to access environmental information
1. Users of environmental information have the right to freely contact the holders of environmental information to obtain such information in the manner and under the conditions established by this Law.
2. The provision of environmental information can be carried out on the basis of one-time requests, requests or the conclusion of a contract (one-time or long-term).
3. When users of environmental information (hereinafter referred to as applicants) apply for the receipt and use of environmental information, holders of environmental information are obliged to create all the necessary conditions for them to search for environmental information, familiarize themselves with the relevant documents, obtain copies of them, and take other measures to prepare official responses to official appeals and inquiries.
4. Holders of environmental information collect, record, store, update, transfer and disseminate environmental information.
5. The head of the owner of environmental information appoints a person in charge of activities related to environmental information.
6. Holders of environmental information have no right to refuse to provide environmental information, except for the cases provided for in Article 11 of this Law.
7. The provision of specialized environmental information by holders of environmental information is carried out on the basis of contracts concluded with applicants.
8. Failure to ensure the right of access to environmental information, as well as failure to provide information or provide environmental information to applicants with deliberately inaccurate environmental information by holders of environmental information may be appealed to higher state bodies or to a court.
Article 11. Restrictions on access to environmental information
1. Environmental information shall not be provided or disseminated if:
1) the provision or dissemination of environmental information may lead to a violation of the rules for administering justice, conducting a preliminary investigation, carrying out office work on administrative offenses;
2) the provision or dissemination of environmental information will harm the environment or create a threat of harm to it;
3) environmental information is a state or commercial secret;
4) in other cases stipulated by the legislation of Turkmenistan, international treaties of Turkmenistan in the interests of protecting national security, protecting the rights and freedoms of citizens, the rights of legal entities.
2. The provision of environmental information may be refused if:
1) holders of environmental information do not have the requested environmental information, and it cannot be obtained from other holders of environmental information;
2) in other cases stipulated by the legislation of Turkmenistan.
3. Restriction of access to environmental information is not allowed:
1) on the state of the environment or harm caused to it;
2) on emissions of pollutants into the atmospheric air and wastewater discharges into water bodies in violation of maximum permissible standards in the field of environmental protection or in the absence of such standards, if their development is required by the legislation of Turkmenistan;
3) on discharges into a water body of chemical and other substances, their mixtures or waste;
4) on the introduction of chemicals and other substances into the land (soil), which led to a deterioration in its quality or the quality of groundwater;
5) on ionizing and electromagnetic radiation, noise or other physical impact in violation of the maximum permissible standards in the field of environmental impact or in the absence of such standards, if their development is required by the legislation of Turkmenistan;
6) in other cases stipulated by the legislation of Turkmenistan.
CHAPTER IV. APPEALS AND DECISIONS IN THE FIELD OF ECOLOGICAL INFORMATION
DISSEMINATION OF ECOLOGICAL INFORMATION
Article 12. The procedure for applying for environmental information
1. An interest in obtaining environmental information is one-time or on the basis of a contract (one-time or long-term) can be carried out on the basis of a written request or request from the applicant or a request in another form provided for by the legislation of Turkmenistan, without the need to explain the reasons for the interest in obtaining environmental information.
2. The appeal or request must (must) contain:
1) information sufficient to identify the identity of the applicant and send a response to the appeal or request;
2) accurate and sufficient data to find the requested environmental information;
3) the type of receipt of the requested environmental information (one-time or long-term);
4) acceptable methods of obtaining the requested environmental information;
5) the date of filing the appeal or request for environmental information and the signature of the applicant.
3. The conclusion of an agreement for long-term receipt of environmental information is carried out in accordance with the legislation of Turkmenistan.
Article 13. Consideration of applications and requests for obtaining environmental information
1. The holder of environmental information who has received an appeal or a request for obtaining environmental information is obliged to register him in a special book for recording requests and requests.
2. The holder of environmental information who has received an appeal or request for obtaining environmental information has the right to request from the applicant additional relevant information.
For full and correct satisfaction of the appeal or request, the applicant may be invited by the owner of environmental information for consultations.
3. The applicant has the right to re-submit an appeal or request if the consideration of the appeal or request, including the decision made or this official response, does not satisfy him.
4. Consideration of appeals or requests for environmental information should be simple, expedient and short-term.
5. The appeal or request is not accepted if it (he) does not meet the requirements of Article 12 of this Law.
Article 14. Decisions on applications and requests for obtaining environmental information
1. Decisions on appeals and requests for obtaining environmental information are made by the head or special official of the holder of environmental information.
2. The requested environmental information is officially provided to the applicant after the decision to transfer it is made no later than one month from the date of registration of the appeal or request.
If, in special cases, the preparation of an official response requires a longer period than one month, it may be extended to forty-five calendar days. The applicant must be notified of the extension before the expiry of the first month.
3. The official response provided to the applicant must contain specific data on the requested environmental information with the attachment of copies of documents confirming this information.
4. The owner of environmental information is obliged to indicate in the official response provided to the applicant, in accordance with the decision to provide environmental information about the possibility of providing it or prohibiting copying, selling or distributing it for commercial purposes.
5. The decision of the owner of environmental information is sent to the applicant by the specified applicant or in a manner agreed with him.
6. In the event that the holder of environmental information does not have the requested information, the applicant must be informed about this no later than fifteen calendar days in advance. In this case, he should be informed which holder of environmental information is the source of the requested environmental information.
7. Refusal to satisfy a request or request for environmental information at the place of contact is formalized in the form of a decision of the owner of environmental information, which must indicate the reasoning for the refusal, as well as the right to apply to higher state bodies or the court in connection with the dissatisfaction of the applicant's application or request.
Article 15. Mutual exchange of environmental information by holders of environmental information
Holders of environmental information, upon their request, may exchange the available environmental information in accordance with this Law and other regulatory legal acts of Turkmenistan.
Article 16. Dissemination of environmental information
1. Dissemination of environmental information in Turkmenistan is carried out freely subject to the requirements established by the legislation of Turkmenistan.
2. Publicly available environmental information is regularly brought to the attention of state bodies, local self-government bodies and other legal entities and individuals by holders of environmental information through print publications and other media by posting on their official websites on the Internet and through a digital system or by other publicly available methods in in accordance with the legislation of Turkmenistan.
Article 17. Payment for environmental information
1. Environmental information is provided to users of environmental information free of charge or for a fee in an amount not exceeding the cost of searching, copying and preparing environmental information.
2. The procedure for payment for environmental information and its amount are established in accordance with the regulatory legal acts of Turkmenistan.
CHAPTER V. FINAL PROVISIONS
Article 18. International cooperation in the field of environmental information
International cooperation in the field of environmental information is carried out in accordance with the legislation of Turkmenistan and international treaties of Turkmenistan.
Article 19. Responsibility for violation of the legislation of Turkmenistan on environmental information
Persons guilty of violating the legislation of Turkmenistan on environmental information are liable in the manner prescribed by the legislation of Turkmenistan.
Article 20. Entry into force of this Law
This Law comes into force from the day of its official publication.
Article 7 of this Law shall come into force on January 1, 2021.
President of Turkmenistan
Gurbanguly Berdimuhamedov
mountains. Ashgabat
March 14, 2020
No. 227-VI.
* Unofficial translation from the state language of Turkmenistan.