THE REPUBLIC OF LITHUANIA
ENVIRONMENTAL PROTECTION LAW
(As amended by 28 May 1996)
CHAPTERI. 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 protectionnorm” 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:
1)establish the main direction of the policy of environmental protection and use of natural resources;
2)approve the environmental protection strategy;
3)approve assignments of the National Budget for the financing of environmental protection measures;
4)ratify and denounce major international agreements of the Republic of Lithuania relating to environmental protection and use of natural resources; and
5)carry out other functions prescribed by the laws. (Amended 28 May 1996)
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:
1)on submission by the Ministry of Environmental Protection, approve the action programme of the environmental protection strategy, and national programmes and schemes for environmental protection and the use of natural resources;
2)in accordance with the procedure established by the laws, set up the system of public authorities implementing the policy of environmental protection and use of natural resources;
3)co-ordinate activities of the public authorities and local authority institutions in the fields of environmental protection and use of natural resources;
4)conclude and execute international agreements of the Republic of Lithuania in the field of environmental protection and use of natural resources; and
5)carry out other functions prescribed by the laws.
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:
1)organise and co-ordinate implementation of the national strategies in the field of environmental protection and use of natural resources, prepare long-term and special purpose national programmes of environmental protection and use of natural resources, provide the order of their implementation and control the course of their execution;
2)organise and co-ordinate the preparation of environmental protection schemes of national importance and other environmental protection measures, and prepare these schemes and measures, provide the mechanism of their implementation (application), and control the course of their execution (application);
3)prepare draft laws, draft decrees of the Government of the Republic of Lithuania and other legal acts on the issues of environmental protection and use of natural resources, organise preparation of the general, special and detailed territorial planning documents on environmental protection issues, within its competence co-ordinate draft legal acts of the ministries, other government institutions, regional, local authority and other institutions regulating economic and other activities which are likely to have an effect on the environment and territorial planning documentation in order to comply with the environmental protection laws and other legal acts;
4)within its competence prepare and approve the norms, rates, standards and rules of environmental protection and use of natural resources;
5)within its competence define the limits and conditions for the use of natural resources, order for issuing of permits, regulate and control registration of natural resources, organise compilation and managing of the state cadastres and registers attributed to the competence of the Ministry;
6)submit to the Government of the Republic of Lithuania the projects for establishment of state-owned strict reserves, other reserves, national parks, natural monuments and other protected areas of natural character;
7)regulate and control the activities within the protected areas, organise the management of the national nature reserves, compile and elaborate the Red Book, organise and perform the works relating to the preservation and augmentation of rare plants and those facing extinction, mushrooms and animals, regulate the import and export of hunting and fishing trophies and the keeping of animals in captivity;
8)determine and control the norms and procedure for reporting the emission of pollutants (and radioactive substances), define the procedure for issuing the permits for emission of pollutants (and radioactive substances);
9)define the order for production, import, transit, export, use, storage, disposal, treatment, utilisation and reporting of dangerous chemicals and wastes, radioactive substances and potential biological pollution sources as well as norms of radiation safety;
10)define the order according to which evaluations are made as to whether the production complies with the requirements of environmental protection, organise the said work;
11)prepare and approve methods for estimating the costs of damage caused to the environment;
12)organise and co-ordinate integrated environmental monitoring, develop and continuously update the computerised information system of environmental protection and use of natural resources, use this information;
13)within its competence organise and co-ordinate scientific research works related to environmental protection and natural resources and their use;
14)in accordance with the established procedure, set up the national fund for nature conservation and dispose of its funds;
15)in accordance with the established procedure and within its competence, maintain relations with the respective institutions of foreign countries and international organisations, prepare drafts of international agreements, sign these international agreements, organise their implementation and, on the instructions of the Government or Prime Minister of the Republic of Lithuania, represent the Republic of Lithuania in foreign countries or with international organisations;
16)inform the public on the state of the environment and co-ordinate ecological education, take care of the training of environmental specialists, carry out performance evaluation and licensing work;
17)carry out the state control of environmental protection and use of natural resources, define the procedure for execution of the state control of environmental protection and use of natural resources;
18)submit proposals on the formation and development of an economic system of environmental protection and use of natural resources, take part in determining the policy of custom duties for imported and exported natural resources;
19)organise the implementation and control of other environmental protection measures; and
20)carry out other functions prescribed by the laws.
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:
1)manage, use and protect natural resources and environmental protection objects;
2)distribute the national natural resources according to the limits established for municipalities;
3)prepare, approve and implement programmes and schemes of environmental protection and use of natural resources of municipalities and other environmental protection measures;
4)set up the municipal fund for nature protection and dispose of its funds and approve expenditure for environmental protection;
5)in accordance with the procedure provided by the laws, establish and manage protected areas and landscape objects which are under the responsibility of local authorities;
6)within their competence, analyse and co-ordinate projects of planned activities;
7)manage green spaces in urban and rural areas, prepare and approve rules for protecting green spaces;
8)establish within their territories norms stricter than national standards, upon co-ordinating with public authorities which have approved them;
9)within its competence, make decisions and control their implementation;
10)carry out any other functions prescribed by the laws. (Amended 28 May 1996)
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:
1)to receive in time correct information on the state of the environment and use of natural resources, environmental impact of planned activities and other environmental protection information;
2)to take part in the environmental impact assessment procedures of planned activities;
3)to demand that any of hazardous effects of economic facilities on the environment be prevented;
4)to request that an environmental impact assessment be carried out;
5)to carry out public environmental impact assessment;
6)to organise and take part in the execution of public control of environmental protection;
7)to demand that public administration and management institutions shall organise ecological education and training, to propagate freely environmental protection ideas;
8)to insist on the punishment of persons guilty of causing harmful effect on the environment, and of officers who have improperly carried out the duties of environmental protection ascribed to them;
9)to visit natural areas except those where visitation is prohibited or limited in accordance with the established order. (Amended and supplemented 28 May 1996)
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:
1)monitor changes in environmental quality and inform the public, set ecologically based norms and standards for environmental quality which can be achieved by technological means;
2)either comply with or justifiably decline the proposals of citizens or public organisations concerning environmental issues;
3)publicly announce projects of economic activities which are likely to have a hazardous impact on the environment;
4)prevent the violation of environmental protection laws, norms and standards by economic entities;
5)either carry out or justifiably decline to carry out an environmental impact assessment if the public so requests;
6)appraise remarks and proposals of the public on the possible impact of planned activities upon the environment;
7)ensure that any damage caused to the environment by illegal activities is remedied, and persons guilty of the damage punished;
8)organise ecological education and training;
9)encourage the participation of citizens and public organisations in environmental protection. (Amended 28 May 1996)
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:
1)conservation areas - strict reserves, other reserves and protected landscape;
2)preservation areas -protected zones of various purpose;
3)natural resource restoration areas - protected sites of natural resources;
4)areas of complex purpose - state (national and regional) parks, biosphere monitoring territories - biosphere reserves and biosphere polygons.
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:
1)evaluate at their own expense the impact of their economic activities on the environment;
2)use natural resources in a rational and economical way;
3)implement measures to either eliminate or reduce any hazardous impact on the environment;
4)take measures to avoid endangering the environment, and immediately eliminate such effects and inform the appropriate environmental protection officers and institutions when hazardous effects do occur;
5)avoid violation of the rights and legitimate interests of other users of natural resources;
6)remedy any damage caused by unlawful activities which have affected the environment; and
7)fulfil the legitimate requirements of environmental protection institutions and their officials.
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.