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(2022.12.06-ны өдрийн орчуулгын хяналт) Unofficial translation
LAW OF MONGOLIA
March 30, 1995 Ulaanbaatar city
ON ENVIRONMENTAL PROTECTION
CHAPTER ONE
GENERAL PROVISIONS
Article 1.Purpose of the law
The purpose of this Law is to regulate relations between the State, citizens, business entities and organizations in order to guarantee the human right to live in a healthy and safe environment, an ecologically balanced social and economic development, the protection of the environment for present and future generations, the proper use of natural resources and the restoration of available resources.
Article 2.Legislation on environmental protection
1.The legislation on environmental protection is comprised of the Constitution of Mongolia, this Law, and other relevant legislative acts adopted in conformity thereof.
2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, then the provisions of the international treaty shall prevail.
Article 3.Resources protected by law and relevant terms
1.This Law shall protect the following conservation resources from any adverse effects in order to prevent ecological imbalance:
1/land and its soil;
2/underground resources and mineral wealth;
3/water;
4/plants;
5/animals;
6/air.
2.The following terms used in this Law shall have the following meanings:
1/"environment" shall include the geosphere, hydrosphere, biosphere, and atmosphere within the territory of Mongolia directly or indirectly affecting the lives and activities of human beings, and the relationships between them;
2/"water" shall include surface and ground water resources including rivers, springs, ponds, mineral waters, and glaciers, as well as natural and manmade water courses within the territory of Mongolia;
3/"plants" shall include natural and planted forests, trees, and all types of higher and lower plants that grow within the territory of Mongolia;
4/"animals" shall include any mammal, bird, amphibian, fish, reptile, crustacean, insect, mollusk, protozoon or other invertebrate that temporarily or permanently inhabits the territory of Mongolia;
5/"air" shall mean the air strata above the territory of Mongolia;
6/"adverse environmental impact" shall mean the result of any action (or non-action) which has a polluting, detrimental, adverse, hazardous or destructive effect on nature and environment and its resources;
7/"environmental protection" shall cover activities such as prevention from environmental pollution, proper use and rehabilitation of natural recourses keeping its own ability to recover and adjusting to its capacity, and control over natural resources.
/This sub-paragraph was added by the law as of November 18, 2005/
8/"partnership for joint management of natural resource" /hereinafter referred as "partnership"/ shall mean a partnership, whose purpose is to ensure the realization of the local communities' rights for protection, proper utilization and restoration of natural resources and manage resource utilization collectively in a transparent and fair manner, ensuring equal distribution of benefits for the local communities;
/This sub-paragraph was modified by the law as of May 17, 2012/
9/"environmental database" /hereinafter referred as "database"/ shall mean information technology used for generating, collecting, transferring, processing, utilizing, storing, enhancing, altering, modifying and securing environmental data;
/This sub-paragraph was added by the law as of January 31, 2008/
10/"metadata" shall mean an information set about the source, accountable party, format, scale, quality, scope, period and usage of the data;
/This sub-paragraph was added by the law as of January 31, , 2008/
11/"damage to the environment" means any action or inaction that results in illegal use and exploitation of natural resources or polluting, deteriorating, damaging the environment beyond established norms of environmental capacity and limit, causing loss of natural resources and ecosystem unbalance.
/This sub-paragraph was added by the law as of July 8, 2010/
12/"compensation for environmental damage" shall mean a monetary expression of a compensation for damage, caused either by a citizen, busuness entity, organization or officer to the environment, calculated using the ecological and economic assessment method, to indemnify the damage caused and prevent any potential risks in the future.
/This sub-paragraph was added by the law as of July 8, 2010/
13/"indemnitor for environmental damage" shall mean any citizen, business entity, organization or officer, who has committed for the action or inaction specified in the Sub-paragraph 11, Paragraph 2, Article 3 of this Law".
/This sub-paragraph was added by the law as of July 8, 2010/
14/"environmental audit" shall mean an independent activity to review implementation of laws, legislations, state policies, national programs, environmental impact assessments and standards, making conclusions and providing technical assistance.
/This sub-paragraph was added by the law as of 17 May 2012/
3.all relations in respect of the ownership, possession, and use of object and their resources specified in the paragraph 1 of this article shall be regulated by the special laws of Mongolia.
Article 4.The rights and duties of citizens in protecting the environment
1.Citizens shall exercise the following rights in protecting the environment:
1/to claims compensation for damage to one's property or health against the person, who caused adverse impacts on environmental impacts;
2/to fight against infringements of environmental legislations, demand for legal charges and file court claims against persons, whose conduct caused adverse impacts on the environment.
/This sub-paragraph was amended by the law as of July 8, 2010/
3/to establish non-Governmental organizations and capital funds for protection of the environment and local citizens can assemble together on voluntary basis in order to conserve and rehabilitate natural resources and deserve benefit from them;
/This sub-paragraph was amended by the law as of November 18, 2005/
4/to obtain accurate information about the environment from relevant organizations;
5/to demand relevant authorities to ensure the immunity of natural resource and wealth and restrict or suspend any actions with adverse environmental impacts and reject to grant licenses or permits for establishing new businesses or organizations, which may cause adverse environmental impacts;
/This sub-paragraph was amended by the law as of May 17, 2012/
6/to establish a Partnership as specified in the sub-paragraph 8, paragraph 2, Article 3 of this Law on voluntary organizational basis through which protect, use and possess on contractual basis in compliance with relevant legislation certain types of natural resources on the territory of their residence.
/This sub-paragraph was added by the law as of November 18, 2005/
2.Citizens shall have the following duties to protect the environment:
1/to comply with legislation on environmental protection;
2/to acquire and use traditional knowledge and skills to protect the environment and to provide ecological education to children;
3/to prevent adverse environmental impacts and to eliminate or compensate for any damage or loss in the form of adverse environmental impacts arising from their conduct;
4/any citizens who found out the evidence of practice of illegal use, damage and destroy of natural resources shall immediately report to local Governor, state inspector and rangers involved in natural protection.
/This sub-paragraph was added by the law as of November 18, 2005/
Article 5.State environmental functions and principles
1.In order to ensure the human right to live in a healthy and safe environment, the State shall prevent adverse environmental impacts and maintain ecological balance.
2.The State shall adhere to following principles when implementing its environmental protection functions:
1/to create favorable environmental conditions for people to live, work, and rest;
2/to ensure environmental balance by developing an ecologically oriented economy;
3/to provide conditions for the proper and scientifically- sound use of natural resources;
4/transparency decisions and activities in respect of environmental protection and the use of natural resources.
5/to ensure the inviolability of natural resource and resources.
/This sub-paragraph was added by the law as of May 17, 2012/
Article 6.Ownership and protection of natural resources
/The title of this Article was amended by the law as of May 17, 2012/
1.The land, its underground resources, forest, water, animals, plants and other natural resources except those owned by citizens of Mongolia shall be the property of the State and can only be used with a permit granted by a relevant state authority body.
/This paragraph was modified by the law as of May 17, 2012/
/This paragraph was amended by the law as of June17, 2022/
2.Unless otherwise provided by law, citizens, legal entities, organizations, foreign citizens and legal persons may use natural resources in accordance with any contract and permit by paying appropriate fees and charges.
/This paragraph was amended by the law as of June17, 2022/
3.According to the procedure specified in the law and contract, the citizens may own plants and forest planted and grown by themselves, bred animals, water basins, lakes and ponds formed by accumulation of rain water on the land of their ownership and possession as well as legal entities or organizations on the land of their possession.
/This paragraph was added by the law as of November 18, 2005/
4.Matters related to the ownership shall be decided in accordance with the law based on the definitions of the state central administrative body in charge of environmental issues and local administrative body, and conclusion of the professional research institution regarding whether those natural resources have been created in compliance with the paragraph 3 of the Article 6 of this Law.
/This paragraph was added by the law as of November 18, 2005/
5.Due to failure of the Governor to properly fulfill his/her duties specified in the Sub-paragraph16 of paragraph 2 of Article 7 and Sub-paragraph 8, paragraph 2 of Article 17 of this Law, in the event that an authorized professional organization officially determined that there has been an extremely large amount of damages to the environment, the sanctions shall be taken according to the Article 64.2.5 of Law on Administrative and Territorial Units of Mongolia and their management.
/This paragraph was added by the law as of May 17, 2012/
/This paragraph was amended by the law as of July 8, 2015/
/This paragraph was amended by the law as of April 22, 2022/
CHAPTER TWO
ENVIRONMENTAL ASSESSMENT, ANALYSIS AND AUDIT
/The title of this chapter was amended by the law as of May 17, 2012/
Article 7.Environmental assessments
1.Natural resource assessments and environmental impact assessments shall be conducted in order to preserve the original appearance of the environment, to develop and carry out activities aimed at sustaining environmental balance, and to regulate the use of natural resources.
2.Citizens, business entities, and organizations which intend to use natural resources for commercial purposes shall conduct the assessments specified in paragraph 1 of this article at their own expense, or, if such assessment has previously been conducted, then they shall pay the costs of its execution.
3.Environmental assessments shall be conducted by legal entities or organizations authorized pursuant to paragraph 4 of this article and approved by the state central administrative body in charge of the relevant natural resource.
4.Legal entities and organizations shall obtain an authorization to conduct natural resource assessments from the State central administrative body in charge of the protection and proper use of the relevant natural resource and authorization to conduct environmental impact assessments shall be granted by the State central administrative body in charge of nature and environment (hereinafter referred to as "state central administrative body").
/This paragraph was amended by the law as of January 22, 1998/
/This paragraph was amended by the law as of May 17, 2012/
5.Legal entities and organizations that meet the following requirements shall be authorized to conduct such environmental assessments:
1/not less than 1/3 of the assessment team shall be adequately qualified staff;
/This sub-paragraph was modified by the law as of November 18, 2005/
2/possession of necessary measuring and research tools, instruments, and equipment;
3/methods of environmental assessment approved by professional certified institution;
/This sub-paragraph was modified by the law as of November 18, 2005/
4/possession of databanks for conducting assessments;
6. /This sub-paragraph was annulled by the law as of January 22, 1998/
Article 8.Natural resource assessments
1."Natural resource assessment" shall mean the determination of the amount of certain types of natural recourses in terms of quantitative and qualitative assessments and monetary indicators.
2.Assessments shall determine the quantity of natural resources, protection and proper use of those resources, identify measures of natural resources original restoration capacity and record them in the State Environmental Information Database.
/This paragraph was amended by the law as of November 18, 2005/
3.The state central administrative body shall establish an economic value for natural resources in co-operation with relevant organizations taking into account the ecological and commercial value of the natural resources.
4.The economic value shall form the basis for determining the level of payments and fees for resource use and the amount of compensation payable in the case of adverse environmental impacts and direct damage.
Article 9.Environmental impact assessments
1. /This paragraph was annulled by the law as of January 22, 1998/
2.Relations related to the environmental impact assessments shall be regulated by laws.
/This paragraph was modified by the law as of January 22, 1998/
3.The contracting party shall finance the costs of the impact assessments.
4.Citizens, legal entities and organizations implementing proposals, shall obliged to comply with the requirements determined by the impact assessment.
/This paragraph was amended by the law as of January 22, 1998/
Article 10.Environmental monitoring
1."Environmental monitoring" shall include written evaluations based on continual observation, measurement and research on the state of the environment, and the development of measures for the termination and rectification of any adverse changes discovered.
2.In order to provide the function referred to in paragraph 1 of this article, the state central administrative body shall establish and maintain an environmental monitoring network (hereinafter referred to as "monitoring network").
3.The monitoring network shall conduct the following activities:
1/to regularly conduct surveys on the level of physical, chemical, and biological changes to the environment and of pollution, and to establish and assess the extent of environmental changes;
2/to provide the public and interested business entities and organizations with information on the environment and natural resources;
3/to develop proposals for the prevention of adverse effects on human health and the environment as a result of natural disasters and for the rectification of any damage.
Article 101.The environmental audit
1.All business entities and organizations which operating in the manufacturing and services industry, utilizing natural resources shall be carry out the environmental audit every two years, issue relevant conclusion and recommendations and submit the report to the relevant aimag and capital's environmental department within the period specified in the recommendations.
2.The cost of the environmental audit shall be borne by the entity and organization when the audit is conducted within the planned time frame, and if the unscheduled audit is required by the Governor or the central administrative body in charge of the environmental affairs, then the cost shall be borne by the Client.
3.The environmental audit shall be performed by a legal entity authorized by the central administrative body in charge of the environmental affairs.
4.The environmental audit methodology and procedure for granting licenses and authorization shall be approved by the Cabinet member in charge of environmental affairs.
5.This Law shall not regulate any conduct related to the environmental financial or performance audit by the National Audit Office.
/This paragraph was added by the law as of May 17, 2012/
Article 11.Environmental research and funding
1.Research to establish the potential for State and regional development, the restoration, breeding and raising of endangered animals and plants, protection of soil, water, and air, and for humans to live in a healthy and safe environment shall be funded by State and local budgets.
/This paragraph was amended by the law as of January 02, 2003/
2.State central administrative authorities and appropriate instance governors except subsidizing the research and related professional institutions in environmental research and surveys and subscription of project drafts shall provide with the financial assistance interested individuals, business entities and organization in their research and surveys.
/This paragraph was amended by the law as of June 29, 2006/
Article 12. /This article was annulled by the law as of January 31, 2008/
CHAPTER THREE
POWERS OF STATE ORGANIZATIONS ON ENVIRONMENTAL PROTECTION
Article 13.Powers of the State Great Khural
The State Great Khural shall exercise the following powers in respect of environmental protection:
1/to formulate a state policy for protection of the environment and the proper use and restoration of its natural resources;
2/to approve a national program for environmental protection and ecological safety submitted by the Government;
3/to pass legislation on environmental protection and to supervise its implementation;
4/to establish maximum and minimum levels for payments and fees for the use of natural resources and for pollution of the environment;
5/to approve and amend a list of endangered animal and plant species and to give particular natural resources State protection;
6/to exercise other powers provided by law.
Article 14.Powers of the Government
The Government shall exercise the following powers in respect of environmental protection:
1/to organize the development and implementation of a national program for environmental protection and ecological safety;
2/to limit as provided in the law or refrain for certain period the use of and the amount of import and export of natural resources.
/This sub-paragraph was amended by the law as of November 18, 2005/
3/to stop the production and other activities which have an adverse effect on human health and the environment of citizens, business entities and organizations regardless of the form of ownership, taking into account the recommendations of the state central administrative body and Aimag and capital city Governors;
4/to administer customs and quarantine control over the export and import of animals, plants and other natural products;
5/ /This sub-paragraph was annulled by the law as of January 22, 1998/;
6/to organize education and training program on ecology for citizens;
7/to exercise other powers provided by law.
Article 15.Powers of the state central administrative body
1.The state central administrative body in charge of nature and the environment shall exercise the following powers in respect of environmental protection:
1/to organize implementation of state policy and legislation on environmental protection and the proper use and restoration of natural resources, and to ensure environmental balance, prevention damage to the environment, elimination of damage caused;
/This sub-paragraph was amended by the law as of May 17, 2012/
2/to make decisions and to approve rules and procedures to be followed by other state central administrative bodies and Aimag and capital city administrations in respect of specific issues of environmental protection and to ensure their implementation;
/This sub-paragraph was amended by the law as of May 17, 2012/
3/to co-ordinate interdisciplinary and interregional activities to protect and restore the environment and properly use its resources, to develop and adopt standards for environmental carrying capacity and to administer their implementation by means of authorized organizations or in co-operation with other state central administrative bodies;
/This sub-paragraph was modified by the law as of May 17, 2012/
4/to determine the amount of forest resources, plants or animals available to use annually in accordance with legislation and to restrict or prohibit for certain period of time the use of certain kinds of natural resources, taking into account ecological requirements and reserves;
/This sub-paragraph was amended by the law as of November 18, 2005/
5/to make a state request for environmental protection research and to conduct mapping, as well as to administer the research and mapping activities of certified organizations and their subsidiaries;
6/to provide citizens, business entities and organizations with environmental information, to promote equal and upright use of benefits to appear from application of traditional knowledge, new ideas and life experience for sustainable use of biological and genetic resources;
/This sub-paragraph was amended by the law as of November 18, 2005/
7/to provide methodological assistance to the state central administrative body and local self-governing organizations on issues related to environmental protection and the proper use and restoration of natural resources, and compensation for damage caused to environment;
/This sub-paragraph was modified by the law as of May 17, 2012/
8/to co-operate with foreign and international organizations on environmental protection;
9/ /This sub-paragraph was annulled by the law as of July 10, 2002/
10/ /This sub-paragraph was annulled by the law as of July 10, 2002/
11/to develop management plan for the partnership, provide technical assistance and guidance, extend an integrated management;
/This sub-paragraph was added by the law as of May 17, 2012/
12/to approve the methodology specified in the Article 49.5 of this Law;
/This sub-paragraph was added by the law as of May 17, 2012/
13/Provide financial assistance for initiatives and activities to protect environment, restore natural resources and provide ecological education and awareness.
/This sub-paragraph was added by the law as of June 29, 2006/
/Number of this sub-paragraph was amended by the law as of May 17, 2012/
14/to hire environmental activists as rangers, develop and approve a procedure for results-based incentive scheme;
/This sub-paragraph was added by the law as of November 18 , 2005/
/Number of this sub-paragraph was amended by the law as of June 29, 2006/
/Number of this sub-paragraph was amended by the law as of May 17, 2012/
15/coordinate, manage and monitor the implementation of laws and legislations on the environmental database;
/This sub-paragraph was added by the law as of January 31, 2008/
/Number of this sub-paragraph was amended by the law as of May 17, 2012/
16/developing policies and programs for the protection of the ozone layer, approving relevant rules and regulation and ensuring implementation;
/This sub-paragraph was added by the law as of June 3, 2022/
17/other full authorization as specified the law.
/Number of this sub-paragraph was amended by the law as of June 6, 2022/
/Number of this sub-paragraph was amended by the law as of November 18, 2005 and law as of June 29, 2006/
/Number of this sub-paragraph was amended by the law as of January 31, 2008 and the law as of May 17, 2012/
2.Other state central administrative bodies shall exercise the following powers in respect of environmental protection:
1/to incorporate measures to protect the environment and on the proper use and restoration of natural resources in their sectorial policies and to administer implementation of those measures;
2/to administer the implementation of environmental legislation at the sectoral level and to report annually to the Government on the results of implementation.
Article 16.Powers of Aimag and Capital City Citizens' Representatives Khurals and Governors
1.Aimag and Capital City Citizens' Representatives Khural shall exercise the following powers in respect of environmental protection:
1/to approve measures and budgets for environmental protection and proper use of natural resources in their territory and to administer their implementation;
2/in accordance with the provisions of this Law and procedures, to establish maximum limits on the use of natural resources in their territory for the given year;
3/to make decisions on putting items not under special State environmental protection under local protection and to establish boundaries and protection regimes and to supervise their implementation;
4/to establish the boundaries of special zones to meet sanitary requirements and protect the environment of cities, villages and other settled areas, resorts and treatment centers, the sources of lakes, rivers, mineral water, springs, ponds, and other water sources;
5/to discuss/consider their Governor's information and report on the State of the environment and the environmental information database;
6/the natural resource fund of the area shall be registered and handed over to the newly appointed Governor registered in accordance with the indicators specified in the Article 35.1.1-6 of this Law, and review and evaluate reports on any change and variation on an annual basis;
/This sub-paragraph was added by the law as of May 17, 2012/
7/the size and location of the environmental protection and restoration site from revenue of the natural resource royalties specified in Article 18.1 of the Law on Natural resources royalties shall be determined by opinion of the Bag and Khoroo Citizens' Representatives Khural and Governor of Soum.
/This sub-paragraph was added by the law as of April 22, 2022/
2.Aimag and Capital City Governors shall exercise the following powers in respect of environmental protection and compensate for damage caused to environment:
/This paragraph was amended by the law as of May 17, 2012/
1/to administer the implementation of environmental protection legislation and Government decisions;
2/to develop measures for environmental protection and the proper use and restoration of natural resources in their territory, to submit them to the Citizens' Representatives Khurals and to administer the implementation of any decisions made;
3/to submit information and data to the state central administrative body and the environmental information database in a timely manner;
4/to supervise the activities of business entities and organizations in respect of environmental protection and the restoration and use of natural resources in their territory regardless of their jurisdiction and take measures to eliminate breaches and if necessary to suspend the activities of business entities and organizations, which have adverse environmental impacts and escalate the issue to the relevant authorities for decision making.
/This sub-paragraph was amended by the law as of May 17, 2012/
5/to provide State chief inspectors and State inspectors in accordance with this Law with the required distinctive badges, uniforms, defensive weapons, equipment, and means of transport.
/This sub-paragraph was amended by the law as of May 17, 2012/
6/appoint and release the heads of the aimag and city departments of environment with consultation with the State central administrative body in charge of environmental issues.
/This sub-paragraph was added by the law as of December 22 ,, 2006/
7/approve the budget for the Partnership activities in the respective area and provide with financial support;
/This sub-paragraph was added by the law as of May 17, 2012/
8/organize the task of sourcing technical and methodological management in order to develop the Partnership activity within the approved budget frame;
/This sub-paragraph was added by the law as of May 17, 2012/
9/discuss the report of actions implemented by the Partnership in the current year the Citizens' Representative Khural;
/This sub-paragraph was added by the law as of May 17, 2012/
10/protect natural resources in its respective territory on behalf of the State and ensure its territorial integrity.
/This sub-paragraph was added by the law as of May 17, 2012/
3.The heads of Aimag and City environmental departments shall be appointed through a selection process stated in the Articles 25, 26, 27 of the Law on Civil Service from citizens with an educational background in environment.
/This sub-paragraph was added by the law as of December 22, 2006,
/This sub-paragraph was modified by the law of December 07, 2017/
Article 17.Powers of Soum and District Citizens' Representatives Khurals and Governors
1.Soum and District Citizens' Representatives Khurals shall exercise the following powers in respect of environmental protection:
1/to approve measures and budgets for environmental protection in their territory and to supervise their implementation;
2/in accordance with the provisions of this Law and procedures, to establish limits on the use of natural resources in their territory for the given year;
3/to consider their Governor's report on environmental protection;
4/partnerships specified in the sub-paragraph 2, paragraph 8, Article 3 of this Law are responsible for protection, use and possession of certain kinds of natural resources on the relevant territory, and matters concerning thereof shall be resolved based on recommendations of bag and khoroo Citizens' General Meeting;
5/make a decision based on the recommendations from bag and khoroo public meetings regarding the entrustment of protection, utilization and possession of the certain types of natural resources in their territory to the Partnership specified in the Article 3.2.8 of this Law.
/This sub-paragraph was added by the law as of November 18, 2005/
6/conduct assessment and evaluation and provide recommendation as mentioned in the Article 16.1.6 of this Law;
/This sub-paragraph was added by the law as of May 17, 2012/
7/approve and monitor implementation of the program, developed within the framework of the Partnership for joint management of natural resources in the respective territory.
/This sub-paragraph was added by the law as of May 17, 2012/
2.Soum and District Governors shall exercise the following powers in respect to environmental protection and compensate of environmental damage:
/This sub-paragraph was amended by the law as of May 17, 2012/
1/to administer the implementation of environmental protection legislation and the decisions of Citizens' Representatives Khurals and higher-level organizations in their territory;
2/to issue certificate to citizens, business entities and organizations for the use of natural resources in accordance with legislation;
3/to monitor the use of natural resources by citizens, business entities and organizations and to approve the cultivated forests and plants, and animals bred and raised as well as land and bodies of water improved and maintained by them;
4/to supervise the activities of business entities and organizations in respect of environmental protection and the restoration and use of natural resources in their territory regardless of their jurisdiction, and to take measures to eliminate breaches and if necessary to suspend the activities of business entities and organizations which have adverse environmental impacts and to inform authorized organizations to make decisions;
5/to direct the work of rangers and to provide them with required distinctive badges, defensive weapons, equipment and means of transport, to include these costs in local budgets and to provide other assistance as required;
/This sub-paragraph was amended by the law as of November 18, 2005/
6/to designate garbage and waste disposal locations for business entities and organizations and to take measures to mitigate pollution;
7/to make with the citizens partnerships a contract to protect, use and possess certain kinds of natural resources for terms and period in accordance with law and regulations based on the decision specified in the sub-paragraph 5, the paragraph 1, the Article 17 of this Law and supervise the implementation of the contract;
/This sub-paragraph was added by the law as of May 17, 2012/
8/protect natural resources on behalf of the state and safeguard the resource in own territory;
/This sub-paragraph was added by the law as of May 17, 2012/
9/perform its duties as stipulated in the Article 17.2.8 of this Law to educate the local people on the appropriate use of natural resources, fight against illegal use of natural resources, compensating for environmental damages and make claims to court;
/This sub-paragraph was added by the law as of May 17, 2012/
10/facilitate implementation of the Partnership management plan and conduct professional training and report the outcome to the soum Citizen's Representative Khural;
/This sub-paragraph was added by the law as of May 17, 2012/
Article 18.Powers of Bag and Khoroo Citizens' Khurals and Governors
1.Bag and Khoroo Citizens' Khurals shall exercise the following powers in respect of environmental protection:
1/to develop and administer schedules for the protection and use of hayfields, pasture and water sources not designated for possession or use by others;
/This sub-paragraph was annulled by the law as of April 22, 2022/
2/to supervise the protection and use of natural resources in public use;
3/to consider their Governor's report on environmental protection;
4/discuss and approve a proposal, submitted by the Governor of the Bag, regarding the establishment of a Partnership.
/This sub-paragraph was added by the law as of May 17, 2012/
2.Bag and khoroo Governors shall exercise the following powers in respect of environmental protection:
1/to administer implementation of environmental protection legislation and decisions made by their Citizens' General Meetings and higher organizations;
2/to direct local environmental protection efforts and to involve citizens in the annual cleaning of environmental pollution and wastes;
3/to issue certificate for the use of natural resources as provided by law;
4/to ensure the implementation of hygienic and sanitary requirements in their territory and to designate public waste disposal areas.
5/present and review the proposals on the establishment of a Partnership and its' activities at the public meetings.
/This sub-paragraph was added by the law as of May 17, 2012/
6/to manage the protection and use of hayfields, farmlands, pastures and water points that are not owned or put to use by others.
/This sub-paragraph was added by the law as of April 22, 2022/
CHAPTER FOUR
GENERAL MEASURES ON ENVIRONMENTAL PROTECTION, USE AND RESTORATION OF NATURAL RESOURCES
Article 19.General methods and forms of environmental protection
1.Mongolia shall have a financially secure national program for environmental protection and ecological safety.
2.The State, its organizations and their officials shall protect the environment by means of the following general methods and forms:
1/the prohibition of hunting and trapping very rare animals and the collection and preparation of very rare plants;
2/the registration and protection of very rare and rare animals and plants by entry in the Redbook of Mongolia;
3/the establishment of and adherence to norms and standards against impacts adverse to environment and assurance of their implementation;
/This sub-paragraph was amended by the law as of April 22, 2022/
4/the conduct of ecological education programs and education on national traditions and customs for public;
5/the rewarding of the introduction and use of environmentally sound, clean, and non-waste technologies;
/This sub-paragraph was amended by the law as of November 18, 2005/
6/to protect the environment of cities and other settlements, as well as of the sources of rivers, lakes, mineral water, springs, ponds, and other bodies of water and to establish sanitary zones;
7/having the partnerships be charged of protection, use and possession of certain kinds of natural resources.
/This sub-paragraph was added by the law as of November 18, 2005/
Article 20.Established norms of environmental capacity
1.In order to ensure the healthy and safe living conditions of the population and to protect the environment, the content of harmful and dangerous substances released into the environment and the norm of the level of adverse impact /hereinafter referred to as "norms of environmental capacity"/ shall be determined by the following indicators:
/This paragraph was amended by the law as of November 18, 2005/
1/tolerance norms of chemical and biological hazardous substances in air, water and soil;
/This sub-paragraph was amended by the law as of November 18, 2005/
2/permissible maximum amount of toxic and dangerous substances that can be released into the environment;
/This sub-paragraph was amended by the law as of November 18, 2005/
3/tolerance norms for noise, vibration, electromagnetic field and other harmful physical impact;
4/radiation tolerance;
5/maximum permissible number of agrochemicals used in agriculture and pasture protection;
6/the maximum allowable concentration of chemicals in food products;
7/maximum allowable environmental load and resource use.
/This sub-paragraph was amended by the law as of November 18, 2005/
2.The norms specified in Paragraphs 1, 2, 3, 4, 6 of this Article shall be established by the standardization body.
/This paragraph was amended by the law as of November 18, 2005/
3.Citizens, legal entities and organizations that have had an adverse impact on the environment by exceeding the established norms of environmental capacity shall be compensated for the costs incurred by removing the damage to the environment themselves or having it removed by a professional organization.
/This paragraph was amended by the law as of November 18, 2005/
Article 21.Protection from environmental pollution
1."Environmental pollution" shall mean the disposal of commercial or household wastes in an amount exceeding established limits for environmental carrying capacity.
2.The state central administrative body shall maintain a unified State register of pollution sources.
3.Citizens, business entities and organizations shall have the following obligations in respect of the prevention of environmental pollution by commercial or household wastes:
1/to dispose of and discharge toxic, flammable and other wastes only in specially designated sites and use only permitted methods of concealing or liquidation;
/This sub-paragraph was amended by the law as of November 18, 2005/
2/before disposal, to classify garbage and to put it in special containers and to deliver it to specially designated sites by specially equipped transport;
3/to keep residential areas clean and, if necessary, to clean and sterilize sites before moving to other places;
4/to remove garbage around houses and residential areas regularly.
4.Procedures for the production, storage, transportation, use and disposal of radioactive and toxic chemicals shall be established by law and procedures for the collection, transportation, decontamination, disinfection, treatment, dumping and discharge of commercial and household wastes shall be established by the Government.
/This paragraph was amended by the law as of November 18, 2005/
Article 22.Natural disaster and emergency areas
1."Natural disaster and emergency area" shall mean an area where adverse impacts and changes have occurred which pose a potential threat to the environment, human health, livestock, animals, plants, and their gene pools as a result of human activity or natural occurrence.
2.The Government shall establish natural disaster and emergency area zones based on recommendations of the state central administrative body.
3.The state central administrative body, the Civil Defense Department, Governors of all levels and other relevant organizations shall jointly take measures to prevent and mitigate the effects of natural disasters and emergencies, rectify any damage, enhance the environment, and restore natural resources.
4.All costs in respect of the rectification of damage caused by natural disasters and emergencies shall be paid from the State budget. After investigations of causes, the guilty person shall be assessed for full compensation of damage.
Article 23.Protection of the environment during states of emergency
In accordance with the Constitution of Mongolia, measures for the mitigation of natural disasters and emergencies, the rectification of damage caused by them, and the protection of the environment and its natural resources in the area where there is a State of emergency shall be established pursuant to the provisions and procedures provided by the Law on States of Emergency.
Article 24.Maximum level of natural resource use
1."Maximum level of natural resource use" shall mean the potential amount of natural resources that may be used for a certain period of time, depending on their carrying and restoration capacity.
2.The maximum level for the use of natural resources shall be determined in accordance with the relevant provisions in any laws addressing the protection and proper use of those natural resources.
Article 25.Restoration of natural resources
1.In order to ensure environmental balance, citizens, legal entities and organizations using natural resources for commercial purposes shall implement the following measures:
1/to limit the use of endangered animals and plants species and to increase their stock through breeding, reintroduction, and extensive fodder supply;
2/to maintain and enhance the land and environment, if natural resources are used.
2.Efforts to breed or reintroduce animals, cultivate plants, and culture protozoa non-native to Mongolia shall be conducted only with the approval of and under the permission and supervision of the state central administrative body and other authorized organizations.
/This paragraph was amended by the law as of June17, 2022/
CHAPTER FIVE
ENVIRONMENTAL SUPERVISION
Article 26.Environmental supervision
1.The State central administrative body in charge of environmental affairs shall organize supervision of environmental protection and the proper use and restoration of natural resources.
/This paragraph was amended by the law as of July 10, 2002/
/In this paragraph, the term "certified supervision" was amended to "state central administrative in charge of environmental affairs" by the law as of November 11, 2022, and shall be entry into forced from January 1, 2023/
2.Inspectors exercising the control of State borders, customs, veterinary, hygienic and disease services and mining or other officials required by law to exercise that control may be authorized to fulfil the duties of State environmental inspectors.
/This paragraph was amended by the law as of July 10, 2002/
3.The general State environmental inspector, State chief inspectors and State inspectors shall work in the certified supervision organization; State chief inspectors and State inspectors shall work in Aimags and the capital city, and State inspectors (hereinafter referred to as "State inspectors") and rangers shall work in Soums and Districts.
/This paragraph was annulled by the law as of November 11, 2022 and shall be entry into forced from January 1, 2023/
/This paragraph was modified by the law as of May 17, 2012/
4.State inspectors shall be appointed and dismissed as follows:
1/the rights of the State Chief inspector and state inspectors shall be issued in accordance with Article 10.4 of the Law on State Inspection.
/This sub-paragraph was modified by the law as of July 10, 2002/
/This sub-paragraph was amended by the law as of June 10, 2010/
2/ /This sub-paragraph was annulled by the law as of July 10, 2002/
3/ /This sub-paragraph was annulled by the law as of July 10, 2002/
4/soum and District Governors shall have the power to appoint and resign rangers on the recommendation of Soum and District State inspectors in accordance with norms set forth in the paragraph 7 of the Article 26 of this Law.
/This sub-paragraph was modified by the law as of April 22, 2022/
/This sub-paragraph was amended by the law as of November 18, 2005/
5.Citizens with an academic background in Environmental studies or those with a university degree trained or specialized in this field, shall be appointed to the position of a State environmental inspector.
/This paragraph was added by the law as of November 18, 2005/
/This paragraph was amended by the law as of July 8, 2015/
6.Citizens who have been enrolled in professional training and graduated from schools with special permission to carry out training programs in the field of environment issued from the state central administrative body in charge of educational issue shall be employed as a ranger.
/This paragraph was added by the law as of November 18, 2005/
7.The territory for which the ranger shall be responsible covers up to 100,000 hectare in high mountain area, 120,000 hectare in forestry-steppe area, 500,000 hectare in steppe, 600,000 hectare in desert-steppe area, 800,000 hectare in desert area, a single ranger shall supervise over every 30 km of the forest that was specially planted by the contribution from the state budget, and this norm shall be diminished by 70 percent for the greenhouse around the city. The Government shall determine the list of soums included into the appropriate area, the size of the territory in the reservations and natural complexes under the supervision of the single ranger regarding the class of the land, protection regime, the land specifics and capacity of the land
/This paragraph was added by the law as of November 18, 2005/
8.An assistant ranger may be appointed to assist in the implementation of the control on natural protection, proper use of natural resources in the area and their restoration.
/This paragraph was added by the law as of November 18, 2005/
Article 27.Rights and duties of state inspectors
1.State inspectors shall exercise the following rights:
1/to supervise an implementation of the environmental legislation by citizens, legal entities and organizations regardless of their jurisdiction;
2/to obtain information and data required for supervision from the appropriate citizens, legal entities, and organizations;
3/to require citizens, legal entities and organizations that breach of legislation on environmental protection, standards and permissible maximum levels, to demand eliminating adverse impacts or to temporarily suspend their activities in accordance with the procedure stipulated in Law on Violation Resolving Procedure;
/This sub-paragraph was amended by the law as of May 18, 2017/
4/to have free access to business entities and organizations to carry out supervision, take samples and have samples analyzed under their control;
5/in the event of natural disasters and States of emergency, to have priority in the use of public transport or rental of other means of transport;
6/to inspect the identification cards of that citizen and vehicles and in case of violation, to confiscate identification cards, and illegally hunted, collected, manufactured and explored natural resources, equipment, facilities and tools used during the inspection on the implementation of the environmental protection legislation;
/This sub-paragraph was added by the law as of April 25, 2002/
7/punishment and coercive measures to individual, legal entity who breach of Law on Offence;
/This sub-paragraph was modified by the law as of May 17, 2012/
/This sub-paragraph was modified by the law as of May 18, 2017
8/to supervise and instruct environmental rangers;
/This sub-paragraph was added by the law as of April 25, 2002/
/This sub-paragraph was amended by the law as of November 18, 2005/
9/ /This sub-paragraph was annulled by the law as of May 18, 2017/
10/to revoke the permits of legal entities and organizations that have caused damage to the environment by violation laws and technologies, and to submit proposals to the organization that granted the permits to temporarily or permanently stop their activities;
/This sub-paragraph was added by the law as of April 25, 2002/
/This sub-paragraph was amended by the law as of November 18, 2005/
/This sub-paragraph was amended by the law as of June 17, 2022/
11/to demand invalidating a decision of the organizations and officials that violated legislation on environmental protection, or to submit a petition to the higher-level institutions and to get it solved.
/This sub-paragraph was added by the law as of April 25, 2002/
2.State inspectors shall have the following duties:
1/to comply strictly with environmental protection legislation and regulations and procedures established in conformity with them;
2/to keep records of environmental breaches (name of person in breach, address, action, damage caused, mitigating and aggravating circumstances signed by the person in breach, and, in the event of refusal, to make a written record of reasons for the refusal;
/This sub-paragraph was annulled by the law as of May 18, 2017/
3/on imposing administrative penalties and suspending illegal activities by citizens, business entities, and organizations in breach of environmental protection legislation, to outline the means of calculating the penalty in accordance with legislative provisions and to fill out the standard official form and penalty sheet;
/This sub-paragraph was annulled by the law as of May 18, 2017/
4/on taking measures to suspend or rectify breaches, to respect the rights and legal interests of citizens, legal entities and organizations and to maintain trade secrets;
5/to make inventories and to ensure the safety of confiscated items, weapons, tools and temporarily confiscated documents in accordance with legislative provisions, to provide the owners with copies and to transfer these items to authorized organizations within specified periods;
/This sub-paragraph was annulled by the law as of May 18, 2017/
6/to promote the participation of local citizens and community in the protection, proper use, restoration of and control on natural resources, to extend their initiations, assist, organize and co-operate with them.
/This sub-paragraph was added by the law as of November 18, 2005/
Article 28.Rights and duties of rangers
1.Environmental rangers shall exercise the following rights:
1/to exercise the rights of State inspectors within their territory in accordance with sub-paragraphs 1, 4, and 5 of paragraph 1 of article 27 of this Law;
2/the rights of State inspectors under sub-paragraphs 6 and 7 of paragraph 1 of article 27 of this Law shall be exercised only if permitted by law.
2.Rangers shall have the following duties in addition to those specified under paragraph 2 of article 27 of this Law:
1/to take measures to prevent possible adverse environmental impacts and to protect natural resources in the area for which they are responsible;
2/to issue permit for the use of natural resources if provided by law;
3/to point out and control the areas for natural resource use to citizens, legal entities and organizations in accordance with contracts and permits;
/This sub-paragraph was amended by the law as of November 18, 2005/
/This sub-paragraph was amended by the law as of June 17, 2022/
4/to conduct observations of changes to natural resources in their territory and to enter these records into databases;
5/to inform the relevant Governor promptly of the occurrence of natural disasters or emergencies and to take measures to rectify any damage;
6/to organize the restoration of natural resources in their territory.
7/to provide support to and collaborate with the Partnership in implementing its management plan in own territory.
/This sub-paragraph was added by the law as of May 17, 2012/
8/cooperate with the police to search for escapee offenders hiding in the woods and mountains, by providing information about the local area, landscape, specific locations and acting as a guide.
/This sub-paragraph was added by the law as of July 5, 2013/
/This sub-paragraph was amended by the law as of July 21, 2016/
9/supervise over the water transportation in river, large river and lake of his/her responsible territory.
/This sub-paragraph was added by the law as of May 25, 2017/
3.An environmental officer, who meets the requirements of the Article 26.5 of this Law, shall be given an authorization of the Environmental state inspector; and the regulation on issuing the authorization shall be approved jointly by the State central administrative body in charge of environmental affairs and the State Inspection Agency.
/This paragraph was added by the law as of May 17, 2012/
/In this paragraph, the term "special permit and certificate" was amended to "permit" by the law as of June 17, 2022 and shall be entry into forced from January 1, 2023/
Article 29.Firearms and defensive weapons use by State inspectors and rangers
1.State inspectors and rangers may carry firearms and defensive weapons when supervising implementation of environmental protection legislation in the field.
2.State inspectors and rangers may use firearms in the following situations if there is no way to prevent an external attack:
1/if a person in breach of environmental protection legislation clearly refuses to comply with lawful requirements and uses weapons or threatens the life of an inspector or ranger in any other way;
2/in the event of a life-threatening attack by a wild animal.
3.If a person in breach of environmental protection legislation refuses to comply with lawful requirements and uses force, State inspectors or rangers may use special tools including rubber clubs, electric prods, tear gas, mace, and guns with rubber or plastic bullets.
4.Instructions on the use of guns and other special tools shall be approved by the state central police administrative body upon consultation with the General Prosecutor and on consideration of recommendations made by the state central administrative body.
Article 291.Social guarantee of the state inspectors and rangers and guarantees to enforce their rights
1.The state inspectors and rangers shall be provided with the following social guarantee and guarantees to enforce their rights:
1/state inspectors and rangers of environmental inspection institutions who have been employed as public officials for 25 years, from which the last 10 years have worked in the environmental protection field, shall be issued once from the institutions where they had been employed to the allowances equal to 1-12 months' salary on the retirement;
/This sub-paragraph was amended by law as of September 07, 2016/
/This sub-paragraph was amended by law as of November 03, 2016/
2/for the purposes of their duties with transport, uniform, weapon, special equipment for self-defense;
2.The state inspectors and rangers who have become incapable to perform their duties for certain period of time due to outside affects or qualified disabled, or died while performing their duties, they or their families shall be issued to the following irrevocable compensations and salary difference as:
1/compensation for the hospitalization period, compensation for the principal term of the position and the position's major salary difference in case of contemporary loosing of work capability;
2/disability benefits and the position's major salary difference in case of disqualification upon disability;
3/the family remained after the death of a worker shall be issued to the one-time irrevocable compensation equal to three years major salary of the loser;
4/the major salary difference and irrevocable compensation specified in the paragraph 2 of this article shall be issued from the budget, and the guilty person shall be obliged to recover assets equal to them;
5/other guarantees provided by in the law.
/This sub-paragraph was added by law as of November 18, 2005/
CHAPTER SIX
DUTIES OF LEGAL ENTITIES AND ORGANIZATIONS IN PROTECTING THE ENVIRONMENT AND NATURAL RESOURCES
Article 30.Certified/professional organizations
1."Certified/professional organization" shall mean a business entity or organization regulating the protection, proper use and restoration of natural resources such as forests, animals, water and mineral resources pursuant to authorization from the state central administrative body or by law.
/This paragraph was amended by law as of November 18, 2005/
2.The Government shall adopt rules to entitle the certified organizations to carry out and regulate the activities stipulated in the paragraph 1 of this article.
/This paragraph was added by law as of November 18, 2005/
3.Certified organizations shall carry out the following activities within the territory for which they are responsible:
/This paragraph was amended by law as of November 18, 2005/
1/to make contracts with citizens, legal entities and organizations for the use of natural resources and to designate land accordingly on the authority of decisions made by the state central administrative body and the Governor;
2/to develop proposals and plans for the protection, proper use, and restoration of natural resources, to organize their implementation, and to conduct impact assessments if authorized to do so;
3/to make requests to conduct natural resource reserve research;
4/to protect natural resources from natural disasters and emergencies such as disease, rodents, harmful insects and fire and to implement measures to combat such disasters and emergencies;
5/to conduct the technical supervision of the protection, proper use and restoration of natural resources by citizens, business entities and organizations and to provide professional and methodological assistance;
6/to conduct observations of changes to natural resources in their territory and to enter the data into databases;
7/to submit proposals for research on the protection, proper use and restoration of natural resources for consideration to Citizens' Representatives Khurals and Governors, and, if necessary, to submit them to the state central administrative body;
8/to engage in production and services using natural resources and to protect, restore, properly use and maintain natural resources in accordance with procedures established by law.
9/estimate the amount of the environmental damage caused, using methodology specified in Article 49.4 of this Law.
/This sub-paragraph was added by the law as of May 17, 2012/
Article 31.Duties of legal entities and organizations
Legal entities and organizations shall have the following duties in respect of environmental protection:
1/to comply with environmental protection legislation, decisions by the Government, local self-governing organizations and Governors, and the requirements of State inspectors and rangers;
2/to comply with environmental standards, limits, legislation and procedures approved by authorized organizations and to supervise their implementation within their internal organization;
3/to keep records on toxic substances, adverse impacts and wastes discharged into the environment while engaged in production or services and to write reports and collect data on the measures taken to reduce or eliminate toxic chemicals, adverse impacts and wastes, as well as on any monitoring equipment and its operation and to submit these to the relevant organization on time;
4/business entities and organizations engaged in environmentally adverse production and services are to include and implement in their annual budget the amounts necessary for measures to diminish adverse effect or stop thereof, protect and restore natural resources.
/This sub-paragraph was modified by the law as of May 17, 2012/
5/in accordance with contracts and punctually, to reforest, cultivate plants, breed animals, improve water sources, maintain land, and obtain approval of Soum and District Governors;
6/to keep the ecological passport of the area in accordance with procedures approved by the state central administrative body.
7/business entities and organizations which have pollution sources, shall have an internal control unit in charge of the implementation of the environmental management plan and ensuring a proper waste management process for the solid, liquid and gaseous wastes, produced by the operation of the entity or organization.
/This sub-paragraph was added by the law as of June 24, 2010/
/This sub-paragraph was amended by the law as of May 17, 2012/
8/demand the Governor and the Environmental inspector to impose liability and compensation upon the infringed individual or legal entity for the damage caused to the environment;
/This sub-paragraph was added by the law as of May 17, 2012/
/This sub-paragraph was amended by the law as of December 4, 2015/
9/eliminate the environmental damage caused by its operation, inform the relevant organization and pay an indemnity imposed by the State environmental inspector within 14 business days;
/This sub-paragraph was added by the law as of May 17, 2012/
10/refuse from any activity that might cause damage to the environment.
/This sub-paragraph was added by the law as of May 17, 2012/
Article 31¹. /Article 311 was annulled by the law as of May 17, 2012/
Article 32.Participation of non-Governmental organizations in environmental protection
/The title of this Article was amended by the law as of November 18, 2005/
1.Community based organizations, whose mission is to protect the environment and natural resources and partnerships, engaged in joint management of natural resources may conduct the following environmental protection activities:
/This paragraph was amended by the law as of May 17, 2012/
1/enforce public supervision and inspection on the implementation of environmental protection legislation, demand rectification of breaches and escalate matters to relevant authorities for decision; make court claims for indemnification for environmental damages by the party in breach;
/This sub-paragraph was amended by the law as of July 8, 2010/
2/to submit proposals on environmental protection to the state central administrative body and relevant Khurals and Governors;
3/to organize ecological training and education independently or in co- operation with other concerned organizations;
to develop proposals, recommendations, and methodologies for environmental 4/protection and restoration and submit them to the relevant organization for decision.
2.The Government may transfer certain environmental protection functions of the State executive body to non-Governmental organizations that are aiming environmental protection procedures or voluntary organizations of local citizens on contractual basis and shall finance the implementation of their activities.
/This paragraph was amended by the law as of November 18, 2005/
CHAPTER SEVEN
ENVIRONMENTAL DATABASE
Article 33.Type of Database
1.Database shall be set up in electronic form.
2.Database shall contain information in the following formats: data, voice/sound, video, image, graphic and text. Images shall be in consistency with the coordinate and elevation systems endorsed by the government.
3.Data shall be entered into the database in digital format.
4.Unless otherwise provided by law, the database shall be publicly accessible.
Article 34.System of the database
1.The database shall have the following levels of category:
1/national level;
2/aimag and city level;
3/soum and district level.
2.The database specified in Paragraph 1 of this article shall be unified.
3.The Government shall approve the process of setting up, processing, disseminating, using, storing and protecting of a database as well as the detailed list of original information.
Article 35.Database composition
1.The national database shall contain information on the following categories:
1/land and soil;
2/underground resources and mineral wealth;
3/water, spring/mineral water;
4/forest;
5/plants/flora;
6/animals/fauna;
7/air and air pollution;
8/weather conditions;
9/natural disaster;
10/hazardous and dangerous chemical substances;
11/waste;
12/protected area;
13/environmental legislation;
14/environmental impact assessment;
15/implementation of environmental policies and programs;
16/environmental statistics, reports;
17/budget and expenditure for environmental protection measures;
18/organizations working for environment, human resource ;
19/meta-database;
20/other information on environment;
21/information on indemnity for environmental damage;
/This sub-paragraph was added by the law as of May 17, 2012/
22/information on environmental breaches and crime;
/This sub-paragraph was added by the law as of May 17, 2012/
23/register and databases of genetic resources and traditional knowledge related to genetic resources.
/This sub-paragraph was added by the law as of December 30, 2021/
2.Aimag and city database shall consist information specified in the Paragraphs 1-7, 9-12, 14-18 and 20 of this Article.
3.Soum and district database shall consist information specified in the Paragraphs 1-6, 9-12, 14, 15, 17, 18 and 20 of this Article.
Article 36.Meta-database
1.Environmental meta-database shall consist of the following:
1/name and brief description of data;
2/data quality description;
3/basic source of data;
4/data overview and coordinate system;
5/data usage and dissemination.
2.Every time citizens, government and non-governmental organizations, who generate environmental data and information generate or update data, specified in the Article 35.1, they shall produce relevant metadata and upload it to the national database.
Article 361.Database on the compensation of environmental damage
1.The database of information regarding the indemnity for the environmental damage shall consist of:
1/information on the citizens, legal entities and organizations, which caused environmental damage;
2/the ecological-economic assessment of the environmental damage and the amount of the imposed compensation;
3/the report on the compensation of the environmental damage and elimination of the damage.
/This article was added by the law as of May 17, 2012/
Article 37.Organizations in charge of data collection, timeframe
1.State administrative body in charge of Land administration shall collect the information specified in the Article 35.1.1 and update the national database information accordingly within February 20th of every year.
2.State administrative body in charge of Geology and mining and Aimag Governors and the City Mayor shall collect the information specified in the Article 35.1.2 and update the national database information accordingly within March 1st of every year.
3.State central administrative and administrative bodies in charge of nature and environment shall collect the information specified in the Paragraphs 3, 4 & 7 of the Article 35.1 and update the national database information accordingly within December 20th of every year.
4.Research organizations and the State central administrative body in charge of the matter shall collect the information specified in the Paragraphs 5 & 6 of the Article 35.1 and update the national database information accordingly within December 20th, every year.
5.The State administrative bodies in charge of Meteorology, hydrology, environmental monitoring and emergency management shall collect the information specified in the Paragraphs 8 & 9 of the Article 35.1 and update the national database information accordingly in the event of disaster.
6.State central administrative body in charge of environment, geology, mining and other relevant administrative bodies shall collect the information specified in the Article 35.1.10 and update the national database information accordingly within December 20th of every year.
7.State central administrative body in charge of environment and Aimag Governors and City Mayor shall collect the information specified in the Paragraphs 11 & 12 of the Article 35.1 and update the national database information accordingly within December 20th of every year.
8.State central administrative body in charge of environment shall collect the information specified in the Paragraphs 13-18 of the Article 35.1 and Paragraphs 13-18 update the national database information as required.
/This paragraph was amended by the law as of December 30, 2021/
Article 38.Organization that ensures the operation of the database
1.State central administrative body in charge of environmental issues shall manage and organize the operation of the database at the national level.
2.The Environmental information center shall be at the State central administrative body in charge of environmental issues and this center shall be a public service organization that implements that day-to-day operations of the national data.
Article 39.Powers of the Environmental information center
1.The Environmental information center shall exercise the following powers:
1/implement legislations on the environmental database;
2/manage the set-up, enhancement, storage, protection, modification and usage of the database;
3/implement an integrated policy on software development, technology, human resource in terms of the database and train and build competency of its personnel;
4/ensure fulfillment of user's right for accessing the database;
5/process information required for generation of public and secondary data;
6/register and document database entries;
7/facilitate collection, selection, verification of data from the citizens and legal entities, except those mentioned in the Article 37 of this Law;
8/bear responsibility for accuracy, timeliness of data and ensure smooth operation, proper protection, storage, encryption and replication of the database;
9/ensure that a proper back up system for database is in place;
10/ensure database security;
11/provide technical and methodical support on database set up for organizations, which have duties and responsibilities to generate and collect data;
12/manage change in the database, collect and generate data, produce database report on annual basis;
13/inform the relevant authorities immediately in the event of intrusion into and destruction of the database and restore the normal function of the database;
14/cooperate and liaise with international organizations and foreign partners on matters related with the database;
15/ensure that the funding for required facility, software, hardware and equipment for the database and the purchase of necessary data and information is reflected in the state budget every year.
Article 40.Powers of the organizations, which have duties to collect data for the database
1.Organizations, which have duties to generate and collect data for the national database according to the Article 37 of this Law, shall exercise the following powers:
1/collect the relevant data and transfer it to the national database in an electronic form online, if technically impossible, submit it by using portable data storage devices;
2/modify,change and update environmental data and information; enter new data and information enhancing the database;
3/be accountable for the accuracy and credibility of the environmental data and information;
4/be accountable for the initial processing of the environmental data and information;
5/inform the Environmental information center on any modification, addition and change in the environmental data within 7 working days;
6/ensure that technical and technological resources, required for collecting data for the national database are available and bear the relevant cost.
Article 41.Rights and duties of database users
1.Database users shall have the following rights and duties:
1/cite the name of the owner of the information when using data and information retrieved from the database for research, reference and other purposes.
2/make a complaint, if necessary, about the data, information and the database operation.
Article 42.General requirements for database set up
1.Processes and technologies, used for the database set up, utilization and dissemination shall be closely integrated with the government policy on information and communications technology.
2.Content, category and scope of the database shall be defined in accordance with the demand of the users.
3.The organization, managing and operating the database, shall use technological solutions, aimed at securing the data integrity.
Article 43.Prohibitions upon the database operation
1.The following prohibitions shall apply to database operation:
1/change, delete or steal database entries, data and information;
2/change, destroy or damage database software;
3/cause harm to or damage database hardware, equipment or network reliability of the database either unintentionally or intentionally;
4/infect the database with malware or virus;
5/disclose any information, retrieved from the database, concerning privacy and confidentiality of any citizen or legal entity;
6/sell or transfer information retrieved from the database for commercial purposes without the information owner's permission;
7/copy/plagiarize information from the database without citing sources either intentionally or out of negligence;
8/break into, change, copy or delete restricted information illegally;
9/get or transfer the database access right illegally;
10/misuse one's lawful duties and powers in a way, which results in any harm to the data entries, information and database integrity and security.
Article 44.Database funding and payment terms
1.The database shall be a property of the State and its operation shall be funded by the state budget.
2.The database information shall either be free or paid. The list of free information for public shall be approved by a Cabinet member in charge of environmental affairs.
3.Citizens and legal entities have duties to provide metadata on any information, collected or generated at their own cost, to the national database free of charge.
4.The Environmental information center may buy information, specified in the Paragraph 3 of this Article from respective citizens and legal entities.
5.Citizens, organizations and legal entities have duties to provide/deliver environmental data and information, generated or collected with funding from the state budget or science and technology fund or international or foreign loan or aid to the national database free of charge.
6.Citizens and legal entities have right to access and use information intended for public awareness, education and communication concerning the right to live in a healthy and safe environment from the database free of charge.
7.Up to 50 per cent of the income, generated from the paid information mentioned in this Article, shall be used for upgrade, expansion and improvement of the database.
/This chapter was added by the law as of January 31, 2008/
CHAPTER EIGHT
JOINT MANAGEMENT OF NATURAL RESOURCES
Article 45.Joint management of natural resources
1.Joint management of natural resources is defined as a process of granting the rights for joint protection, appropriate use and restoration of the natural resources to local communities, organized themselves into a partnership in accordance with the Article 3.2.8 of this Law and managing the use of natural resources in a cooperative, transparent and fair manner to gain the socio- economic benefits out of it.
Article 46.Principles of the joint management of natural resources
1.The joint management of the natural resources shall adhere to the following principles:
1/use of natural resources shall be closely linked and integrated with policies on the environmental protection and restoration of natural resources;
2/the joint management of natural resources shall not cause any adverse impacts on ecological balance;
3/duties and rights of respective state authorities and citizens' partnerships for managing the natural resources shall be regulated pursuant to the collective agreement entered by and between them and within this Law;
4/ensure full engagement of other interested stakeholders in the Partnership apart from the state and the Partnership.
Article 47.Scope of the joint management of natural resources
1.The objects that are to be protected, utilized and rehabilitated by the Partnership shall include the natural resources, specified in the Article 3.1 of this Law as well as the areas that belong to the national and world natural and cultural heritage.
Article 48.Stakeholders in the joint management of the natural resource
1.The following parties shall take part in the joint management of the natural resources:
1/partnership, established in the form stipulated in Article 3.2.11 of this Law;
2/local government and governors at each level;
3/specialized environmental organization operating in the soum territory.
2.Non-governmental organizations and business entities, working in the field of environment can be a stakeholder.
Article 49.Indemnity for the environmental damage
1.Citizens, legal entities and organizations shall pay indemnity for the damage to the environment and natural resources caused by their activity. The compensation payment shall be transferred to the Environment and Climate fund specified in the Article 7 of the Law of Mongolia on Government special funds. If the compensation amount paid was more than the required amount of the compensation, the variation shall be reimbursed from the Environment and Climate fund.
/This paragraph was amended by the law of February 09, 2017/
/This paragraph was amended by the law as of November 13, 2019/
2.The environmental damage shall be classified as follows:
1/damage to forest;
2/damage to the fauna;
3/damage to the flora;
4/damage to water reserve;
5/damage to land;
6/damage to sub-soil;
7/damage to soil.
3.The State environmental inspector shall impose compensation for the damage specified in the Article 49.2 of this Law.
4.The damage indicated in sub-paragraphs 49.2.1-49.2.5 of this Law shall be estimated in the following amount based on the ecological and economic assessment of the particular type of the natural resources:
1/compensation for damage to forest shall be equal to 3 times of the amount estimated by the ecological and economic assessment;
2/compensation for damage to the fauna shall be equal to 2 times of the amount of ecological and economic assessment of the particular animal species;
3/compensation for damage to the flora shall be equal to 5 times of the amount of ecological and economic assessment of the particular plant species;
4/compensation for damage to water reserve shall be equal to 3 times of the amount of ecological and economic assessment of the particular water basin;
5/compensation for damage to the land shall be equal to 3 times of the amount of ecological and economic assessment of the particular classification of land;
5.Damages specified in the sub-paragraphs 49.2.6 and 49.2.7 of this Law shall be estimated at the following amount using the environmental damage calculation method, approved by the Cabinet member in charge of environmental affairs:
1/compensation for damage to subsoil shall be equal to 2 times of damage estimation made by the environmental damage calculation method;
2/compensation for damages to the soil and environmental pollution shall be equal to 3 times of damage estimation made by the environmental damage calculation method;
6.Estimation for damages, specified in the sub-paragraphs 49.5.1 and 49.5.2, shall be determined by an assessment, conducted by a professional organization, licensed to conduct such assessment and the service shall be paid.
7.The cost for damage estimation shall be included in the compensation amount.
8.The State environmental inspector, who imposed the compensation, shall obliged settlement of the compensation within 14 business days. In case of non-payment within specified period, the State environmental inspector shall submit the case to the relevant authority for resolution through court execution.
Article 50.Partnership for joint management of natural resources
1.A local community may organize themselves into a partnership, as stipulated in the Article 3.2.8 of this Law, to engage in joint management of natural resources and enjoy their privilege to appropriately use the particular type of natural resources within their territory within a contractual and legal framework.
2.Member of the partnership shall be a citizen of Mongolia and over 18 years old and a permanent resident in the soum or district.
3.The following factors shall be taken into account prior to entrusting certain types of natural resources to the Partnership pursuant to the contract - number of members, area to be allocated, mineral resources and its volume and characteristics.
4.A Soum or District Governor shall sign a contract for collaboration with a Partnership for environmental protection based on the following documents and take actions to support their activity:
1/bag and khoroo public meeting recommendations, Soum and District Citizens' Representative Khural resolutions;
2/application of the Partnership for engaging in management of natural resources;
3/management plan for the joint management of natural resources, discussed at and approved by the Partnership members' meeting;
4/contract of cooperation, signed by all members of the Partnership and copies of their identification cards;
5.Soum and district governors shall enter into the contract with a Partnership, which submitted the documents as stipulated in the Article 50.4 of this Law and issue the certificate.
6.A Cabinet Member in charge of environmental affairs shall approve the template for the contract and certificate for the Partnership for joint management of natural resources.
7.A Partnership shall make and sign a written contract with the stakeholders as stipulated in article 48.1.1 of the Civil Code.
8.A Soum or District Governor shall suspend activities of the Partnership in relation to the joint management of natural resources and terminate contract in the following cases:
1/bag and khoroo public meeting recommendation or Soum and District Citizens' Representative Khural resolution was issued to suspend the activities of the Partnership in relation to the joint management of natural resources;
2/repeated failure to meet contractual obligations or inactivity in the field of the management of natural resources for 6 months after the contract was signed;
3/partnership members' meeting resolved to cease the activities in relation to the joint management of natural resources;
4/non-compliance with the requirements defined in the Article 50.2 of this Law;
9.In addition to fulfilling its' duties as stipulated in the Article 31 of this Law and in accordance with the applicable legislations on protection, proper utilization and restoration of natural resources, the Partnership shall fulfill its obligations under the contract, signed with the Governor of the relevant level and operate within legal boundaries.
10.The Partnership shall have its' internal rules and procedures, elaborating on the rights and duties of its members' meeting, the board, monitoring committee, leaders and members, accountabilities and shared ownership regulations in accordance with legal requirements.
11.The Partnership shall present a report on the management of natural resources at soum, district, bag and khoroo meetings annually. The report shall include topics on expenditure of funds on the protection, utilization and restoration of natural resources, results achieved, the status, change and prospect of natural resources.
/This paragraph was amended by the law of April 22, 2022/
12.The Partnership may establish a Union of Partnerships, whose operation and activities shall be regulated by the Law on Non- Governmental Organization to protect their interests and coordinate their operation.
13.The Partnership has the right to be compensated for the damages caused to land and natural resources in its ownership as well as other properties it owns.
14.The Partnership shall have a logo and a letterhead and may have a bank account.
Article 51.Collective fund of the Partnership
1.The partnership may establish a collective fund for financing their activity and support their members.
2.Collective fund regulations shall be discussed at and approved by all members' meeting.
3.The collective fund can be sourced by donations and aids from communities or organizations, investment from the Partnership members, the collective fund loan interest, rental fees of the Partnership property and the certain percentage of the revenue from business activities and services.
4.The collective fund shall be used to finance activities such as creation of job opportunities in the field of protection and restoration of natural resources, support of the livelihood of its members, alleviation of damages caused by the natural disasters and other activities, approved by the Partnership members' meeting.
Article 52.Management plan of the Partnership
1.The Partnership shall have a Management plan approved by the meeting of all members.
2.The management plan shall include the following:
1/map, defining the territory boundaries and information on the natural resources and minerals in the territory
2/specifications such as the distribution, boundary, volume, capacity and quality of the natural resources to be utilized by the Partnership for joint management of natural resources;
3/settings and activities that are or will be generating socio- economic benefits;
4/management styles and methods suitable for the specific character of the certain type of natural resources;
5/monitoring program, designed to monitor the state of natural resources, being used and owned by the Partnership;
6/duties and responsibilities of each member of the Partnership in implementation of the management plan and stakeholder engagement plan;
7/financial plan;
8/other items, resolved by the Partnership members' meeting.
/This chapter was added by the law as of May 17, 2012/
CHAPTER NINE
MISCELLANEOUS
/This chapter was amended by the law as of January 31, 2008 and the law as of May 17, 2008/
Article 53.Funding
/Number of this article was amended by the law as of January 31, 2008 and the law as of May 17, 2012/
1.Initiatives and activities aimed at environmental protection, restoration of natural resources and implementation of environmental protection legislation, conducted by government agencies and local self-governing organizations shall be funded by the state central and local budgets.
/This paragraph was amended by the law as of January 2, 2003/
2.Unless otherwise provided by law, all revenue from fees and payments for the use of natural resources shall be allocated to local budgets.
Article 54.Economic incentives for environmental protection
/Number of this article was amended by the law as of January 31, 2008 and the law as of May 17, 2012/
1.The State shall reward citizens, legal entities and organizations for the introduction of non-polluting and non-waste technology, innovative methods for environmental protection, utilization and restoration of natural resources, and reduction of adverse environmental impacts.
/This paragraph was amended by the law as of November 18, 2005/
2.Initiatives to promote ecological education, environmental protection and restoration of natural resources shall be supported from the state budget.
/This paragraph was modified by the law as of June 29, 2006/
3.Incentives procedure for citizens, legal entities and organizations specified in the Paragraph 1 of this Article, shall be developed by the Government.
/This paragraph was amended by the law as of June 29, 2006/
4.A person, who provided reliable and accurate information with respect to breach of environmental laws and legislations to relevant authorities and officials; who identified breach or provided valuable assistance in identifying breach shall be granted with monetary incentive equal to 15 percent of fine or compensation imposed to infringer, by the Governor of respective soum and district from the natural resource utilization fee income.
/This paragraph was added by the law as of November 18, 2005/
/This paragraph was amended by the law as of July 8, 2015/
5.15 percent of sales income of natural resources, that has been illegally procured and confiscated, shall be granted to a state inspector and ranger who identified the breach, the natural resources' utilization fee income by the respective Governor of aimag, city, soum and district from the same source.
/This paragraph was added by the law as of November 18, 2005/
/This paragraph was amended by the law as of July 8, 2015/
/This paragraph was amended by the law as of April 22, 2022/
/In this paragraph, the term "state inspector professional inspection agency" was amended to "state inspector" by the law as of November 11, 2022 and shall entry into forced from January 1, 2023/
6.Cabinet members in charge of financial and environmental affairs shall approve the regulations related to incentives specified in the Paragraphs 4, 5, 8 and 9 of this Article.
/This paragraph was added by the law as of November 18, 2005/
/This paragraph was amended by the law as of July 8, 2015/
7.The whistleblower specified in the Paragraph 4 of this Article, shall be kept confidential under applicable laws and legislations.
/This paragraph was added by the law as of November 18, 2005/
8.A person, Partnership and Non-Governmental Organization, which provided reliable and accurate information with respect to breach of environmental laws and legislations to relevant authorities and officials, shall be granted with incentive of 150,000 MNT from the natural resources' utilization fee income within 10 business days by the respective Governor of soum or district.
/This paragraph was added by the law as of July 8, 2015/
/This paragraph was added by the law as of July 8, 2015/
/This paragraph was amended by the law as of February 9, 2017/
9.Cabinet member in charge of environmental affairs is to grant monetary incentive from the Environment and Climate Fund, equal to 70 percent of sales income of weapons, means of transport, equipment, used by the infringer and confiscated, to a Partnership, Non- Governmental Organization, police officer and border patrol officer, who detected a breach or a crime against environmental laws and legislations.
/This paragraph was annulled by the law as of November 13, 2019/
10.Sales income of illegally procured and confiscated natural resources, weapons, means of transport and equipment, used by an infringer and confiscated, shall be transferred to the Environment and Climate fund, specified in the Article 7 of the Law on Government Special Funds.
/This paragraph was added by the law as of July 8, 2015/
/This paragraph was amended by the law as of February 09, 2017/
/This paragraph was amended by the law as of November 13, 2019/
11.Cost of criminal investigation, criminalistics and laboratory analysis, required for investigation of crimes against legislations on environment, shall be disbursed from the Environment and Climate fund under reimbursement terms.
/This paragraph was added by the Amendment law as of July 8, 2015/
/This paragraph was amended by the Amendment law as of February 09, 2017/
/This paragraph was amended by the law as of November 13, 2019/
Article 55.Fees and payments for use of natural resources
/Number of this article was amended by the law as of January 31, 2008 and the law as of May 17 , 2012/
1.Fees and payments for the use of natural resources shall include fees for granting licenses to use natural resources, payments for using natural resource reserves and for discharging permissible levels of wastes and pollutants.
2.Compensation shall be imposed for of natural resources, that are used in excess of amount specified in the contract and permit; or for illegal hunting, gathering, preparation and extraction of natural resources and for discharging wastes and pollutants in excess of permitted amount/limit.
/This paragraph was amended by the law as of November 18, 2005/
3.Compensation referred in the Paragraph 2 of this Article shall be allocated to the local budget.
/This paragraph was modified by the law as of June 29, 2006/
4.The maximum and minimum limits and payment procedures for the fees and payments referred in the Paragraph 1 of this Article, shall be established by law.
Article 56.Ecological education, behavior
/Number of this article was amended by the law as of January 31, 2008 and the law as of May 17, 2012/
1.The Government shall adopt and administer implementation of a program on ecological awareness, education and training to provide knowledge and skills for environmental protection within the framework of formal and informal education systems.
2.Provision of ecological awareness, education and training shall be organized in the following ways:
1/provide basic awareness and skills on environmental protection at pre-school education institutions and in secondary schools;
2/provide scientific and legal knowledge on environmental protection and proper use of natural resources at colleges, universities, institutes and vocational training institutions in line with professional fields of study;
3/broadcast and disseminate ecological awareness raising and educational programs and information on environmental protection laws and legislations as well as traditional customs for environmental protection through mass media.
Article 57.Compensation for damage caused to the environment
/Number of this article was amended by the law as of January 31, 2008 and the law as of May 17 , 2012/
1.Citizens, legal entities and organizations shall compensate for direct damage caused to the environment and natural resources as a result of their unlawful conduct.
2.Governors of soum and district shall make court claims against citizens, legal entities and organizations, whose illegal conduct caused environmental damage and demand for compensations for expenses, incurred in relation to restoration of ecological balance and natural resources, relocation of residents, livestock and animals from the impacted area.
/This paragraph was amended by the law as of November 18, 2005/
3.The fact that the infringer has paid the compensation as provided in the Paragraph 1 and 2 of this Article, shall not exempt the infringer from the liabilities stated in Criminal law or Law on Offense pursuant to applicable legislations.
/This paragraph was amended by law as of December 4, 2015/
Article 58.Liabilities for offenders of the law
1.Unless an official who has breached the legislation shall be subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service.
2.An individual, legal person who has breached this Law shall be subject to the liability in accordance with Criminal law or Law on Violations.
/This article was modified by the law as of on December 4, 2015/
Article 59.Entry into force of the Law
/Number of this article was amended by the laws as of January 31, 2008 and as of May 17, 2012/
This Law shall come into force from June 5, 1995.
THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA BAGABANDI.N
