(2022-08-12-ны өдрийн орчуулгын хяналт)                                     Unofficial translation

LAW OF MONGOLIA

October 23, 1997                                                                                    Ulaanbaatar City

ON SPECIAL PROTECTED AREA BUFFER ZONES

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this Law is to regulate relations in regards with the determination of Special Protected Area Buffer Zones and the activities therein.

Article 2.Legislation on Special Protected Area Buffer Zones

2.1.The legislation on Special Protected Area Buffer Zones shall consist of the Constitution of Mongolia, the Law of Mongolia on Special Protected Areas, the present Law and other legislative acts issued in conformity with them.

Article 3.Buffer Zones of Special Protected Areas

3.1.Buffer Zones shall mean areas established by taking into account to minimize, eliminate and prevent actual and potential adverse impacts to Conservation Areas and National Complex Parks, to increase public participation to protect such specially protected areas, to secure their livelihood and to establish requirements for the proper use of natural resources.

3.2.Soum and District Citizens' Representatives' Khurals may establish where necessary Buffer Zones and their boundaries around Nature Reserves and Natural Memorilas.

3.3.Buffer Zones shall be established outside of the boundaries of the Conservation Areas and may be either outside of the boundaries or overlapping with the Limited Zone of National Complex Parks.

Article 4.Criteria for Buffer Zone Establishment

4.1.The following criteria shall be used for the establishment of Buffer Zones:

4.1.1.Ecological criteria:

4.1.1.a.areas which require protection for the preservation of biological diversity and which are ecologically and economically important;

4.1.1.b.areas which contain Very Rare and Rare species, their range or migration route;

4.1.1.c.areas which contain the potential distribution of Very Rare and Rare species even if they are not currently present;

4.1.1.d.areas which contain rivers, river headwater and basins which significantly influence the environment of the Special Protected Area.

4.1.2.Socio-Economic criteria:

4.1.2.a.areas with local human populations who obtain an income from the use of the natural resources in such special protected area;

4.1.2.b.location of sources to pollute environment and negatively affected territories;

4.1.2.c.areas where high human and livestock population density have a negative impact on the carrying capacity of pasture and water supply;

4.1.2.d.areas with settlements which are extremely dependent, socially and economically, on the Special Protected Area and its environment and natural resources.

4.1.3.Other criteria:

4.1.3.a.areas with unique natural formations and characteristics;

4.1.3.b.areas with historical and cultural memorials;

Article 5.Establishment of Buffer Zone Boundaries

5.1.Prior to the establishment of Buffer Zones, the Special Protected Area Protection Administration /hereinafter referred to as "Protected Area Administration"/ in cooperation with the soum and district Governor shall provide information in regards with this matter to local citizens, and explain and introduce to the community in respect to the purpose of establishing the buffer zones, the proposal issued in regards with it, the legislation governing Buffer Zones, and the participation of citizens.

5.2.The Protected Area Administration, together with the soum and district Governors shall investigate the area to be covered by the Buffer Zone according to the criteria identified in the Article 4 of this Law.

5.3.All data collected through the investigation shall be reflected on a map at a scale not less than 1:500 000, including areas, plants, wildlife, water, and forest resserves.

5.4.The Protected Area Administration, together with the Council referred to in the Article 6 of this law, shall develop a proposal for the establishment of a Buffer Zone and submit it to the Soum and District Governor.

5.5.The soum and district Governors shall review the proposal and have it discussed by the local Citizens Representatives Khural and approved by the State Central Administrative Body in charge of nature and environment matters (hereinafter referred to as State Central Administrative Body).

5.6.The Buffer Zone boundary referred to in the Article 3.1 of this Law shall be established by the State Central Administrative Body based on the decision of such soum or district Citizens Representative Khural within one year after undertaking such area into the specially protected area .

Article 6.Buffer Zone Council

6.1.There shall be a volunteer Buffer Zone Council (hereinafter referred to as "Council") for the purpose of increasing the participation of local people on the development of buffer zones, the restoration, protection and proper use of natural resources, and.

6.2.The Council shall have an odd number of members and shall include the following people:

6.2.1.No fewer than two (2) Representatives from soum and district Citizens' Representatives' Khural;

/The amendment to this paragraph was made by the law as of April 22, 2022/

6.2.2.No fewer than three (3) Representatives from local citizens;

6.2.3.Two (2) Representatives from the Protected Area Administration.

6.3.The Council may include Representatives from non-governmental organizations working in the environmental field.

6.4.The Council shall have the following rights and responsibilities:

6.4.1.to conduct public monitoring of the enforcement of legislation in the Special Protected Area and Buffer Zone;

6.4.2.to develop proposals, recommendations, and projects regarding land and natural resource use in the Buffer Zone, and to develop a Buffer Zone Management Plan;

6.4.3.to assist, advise and develop recommendations for the local Governor to implement the Buffer Zone Management Plan and enforce environmental legislation;

6.4.4.to organize the establishment of a local Buffer Zone Fund and control its distribution and expenditure;

6.4.5.to promote the Special Protected Area and Buffer Zone legislation and to provide appropriate information to the local community.

Article 7.Buffer Zone Fund

7.1.The Council may establish a Buffer Zone Fund for the purposes of developing the Buffer Zone and providing support for local people's livelihood.

7.2.The Fund shall be financed from the following sources:

7.2.1.donations from foreign and domestic organizations, business entities and citizens;

7.2.2.a certain amount of revenue from projects, activities and services conducted within the local level;

7.2.3.a certain amount of the revenue from compensation payment paid for damages caused by the person who violated environmental legislation;

7.2.4.other income.

7.3.The amount of income referred to in the Articles 7.2.2 and 7.2.3 shall be determined by the Citizens' Representatives' Khural of the respective level.

7.4.Buffer Zone Funds may be used for the following purposes:

7.4.1.to restore environmental damage and minimize degradation;

7.4.2.to provide support for local people's livelihood, small scale production, services and project implementation;

7.4.3.to restore production technology and machinery which is causing adverse environmental impacts;

7.4.4.to conduct training and public awareness activities regarding nature conservation, and conduct research in the Buffer Zone;

7.4.5.to repair damage caused by natural disaster.

Article 8.Buffer Zone Management Plan

8.1.Local Governors, in cooperation with Protected Area Administration and the Council, shall develop a Buffer Zone Management Plan and implement it.

8.2.The Buffer Zone Management Plan shall include the following:

8.2.1.guidelines and measures for the protection and use of Very Rare and Rare animals, plants, as well as land and natural resources;

8.2.2.measures for the proper use of natural resources in the Buffer Zone and for minimization of adverse impacts to the Special Protected Areas and Buffer Zone;

8.2.3.measures for the employment of citizens, social issues and decisions related to them;

8.2.4.measures for reducing the influence of the Buffer Zone on animal migration routes;

8.2.5.sources for finances necessary for the implementation of the Buffer Zone Management Plan.

Article 9.Environmental Impact Assessments

9.1.Organizations and business entities who conduct harvesting wood for industrial purposes, hunting, establishment of hunters' camps, exploration and mining of minerals, conduct mining production, establishment of water reservoirs, construct floodwalls or dams shall, pursuant to law, be subject to a Detailed Environmental Impact Assessment.

9.2.The conclusion of the Detailed Assessment shall include comments and conclusions from the Protected Area Administration.

Article 10.Monitoring Enforcement of Buffer Zone Legislation

10.1.Activities conducted within the Buffer Zone and the enforcement of Buffer Zone legislation shall be controlled by the relevant local self-governing authorities and State authorities.

10.2.The Buffer Zone Council shall assist the above mentioned local self-governing authorities and State authorities with implementation of inspections in the Buffer Zones.

10.3.Citizens, business entities and organizations shall make complaints regarding Buffer Zone protection activities and the implementation of environmental legislation to a court, a State Inspector or the appropriate level Governor.

10.4.In the event of a disagreement with a State Inspector's or a Governor's decision, the matter will be sent to the court.

Article 11.Liabilities for Violation of Law

11.1.Liabilities specified by Criminal Code or Law on Offence shall be imposed upon an individual or legal person if that breached this law.

/This Article was revised by the law as of December 4, 2015/

CHAIRMAN OF THE STATE GREAT KHURAL/PARLIAMENT OF MONGOLIA GONCHIGDORJ.R