The use of objects of flora
THE USE OF OBJECTS OF FLORA
The resolution of Council of Ministers of the Republic of Belarus from 04.10.2011 № 1320 "On approval of the Regulations on the procedure for granting rights of special use of objects of flora and notification to the local Executive and administrative bodies on planned activities for the procurement of wild plants and (or) their parts and annulment of some resolutions of Council of Ministers of the Republic of Belarus"
The text of the document with amendments and additions as at November 2013
Registered in the Republic of Belarus Norwegian radiation protection authority serves 7 Oct 2011 N 5/34556
On the basis of the fourth paragraph of article 12 and part eight of article 41 of the Law of the Republic of Belarus of 14 June 2003 "On the plant world", the Council of Ministers of the Republic of Belarus DECIDES:
1. To approve the attached regulations on the procedure for granting rights of special use of objects of flora and notification to the local Executive and administrative bodies on planned activities for the procurement of wild plants and (or) their parts.
2. To recognize become invalid:
the resolution of Council of Ministers of the Republic of Belarus of November 2, 1998 N 1679 "On measures to strengthening of control over commercial harvesting, procurement and sales of wild products and streamlining these activities" (Collection of decrees, presidential decrees and Government resolutions of the Republic of Belarus, 1998, N 31, art. 796);
paragraph 78 of the decision of the Council of Ministers of the Republic of Belarus of February 28, 2002 No. 288 "About modification and additions in some decrees of the Government of the Republic of Belarus" (national register of legal acts of the Republic of Belarus, 2002, N 32, 5/10103);
subparagraph 5.2 of item 5 of the resolution of Council of Ministers of the Republic of Belarus dated 16 March 2004 of No. 298 "Questions of the Ministry of forestry of the Republic of Belarus" (national register of legal acts of the Republic of Belarus, 2004, N 52, 5/13979);
the resolution of Council of Ministers of the Republic of Belarus of December 31, 2004 N 1707 "About some questions of regulation of hybridization and breeding of wild plants" (the national register of legal acts of the Republic of Belarus, 2005, N 5, 5/15422);
the resolution of Council of Ministers of the Republic of Belarus from 4 August 2005 N 858 "About streamlining of procurement and the procurement of wild plants and (or) their parts" (national register of legal acts of the Republic of Belarus, 2005, No. 124, 5/16357);
the resolution of Council of Ministers of the Republic of Belarus from August 27, 2008 N 1237 "About modification of the resolution of Council of Ministers of the Republic of Belarus from 4 August 2005 N 858" (national register of legal acts of the Republic of Belarus, 2008, No. 210, 5/28238).
3. The regional Executive committees to ensure that its legislation into conformity with this decree and take other measures for its implementation.
4. This decision shall enter into force on 27 November 2011, with the exception of item 3, with effect from the date of adoption of this resolution.
The Prime Minister of the Republic of Belarus M. Myasnikovich
APPROVED Resolution of Council of Ministers of the Republic of Belarus 04.10.2011 N 1320
CHAPTER 1 GENERAL PROVISIONS
1. This Provision determines the procedure for granting rights of special use of objects of flora in the types of use of objects of flora, provided for in article 44 of the Law of the Republic of Belarus of 14 June 2003 "On vegetable world" (national register of legal acts of the Republic of Belarus, 2003, No. 73, 2/954), and notification to the local Executive and administrative bodies on planned activities for the procurement of wild plants and (or) their parts.
2. The basis for the implementation of legal entities and individual entrepreneurs special use of objects of flora is the decision of the city or district Executive and administrative body (hereinafter - authorized body) on the site of the planned implementation of the right of special use of objects of flora on granting the right of special use of objects of fauna, except for the cases specified in paragraph six of article 41 of the Law of the Republic of Belarus "About plant world".
In the case provided for in the third paragraph of the sixth part of article 41 of the Law of the Republic of Belarus "About plant world", legal persons and individual entrepreneurs are obliged to notify the competent authority at the place of the planned implementation activities for the procurement of wild plants and (or) their parts and planned activities for the procurement of wild plants and (or) their parts.
CHAPTER 2 PROCEDURE FOR GRANTING RIGHTS OF SPECIAL USE OF OBJECTS OF FLORA
3. The decision on granting the right of special use of objects of flora, designed in the form according to Annex 1, is accepted by the authorized body on the basis of the application of law to the special use of flora objects (further - the statement) in accordance with Annex 2 to be submitted by legal entities and individual entrepreneurs, is planning to make special use of flora objects (further - applicants).
4. The application shall be submitted by applicants to the competent authority at the place of the alleged exercise of the right of special use of objects of flora before March 15 of the year of commencement of implementation of the right of special use of objects of flora.
5. Competent authority before 15 April of the year of the beginning of the implementation of the right of special use of objects of flora:
approves the draft decision on granting the right of special use of objects of flora with the relevant city, district or town and district inspections of natural resources and environmental protection;
approves the draft decision on granting the right of special use of objects of flora with the user of the land plot or water object, the borders of which will be implemented by right of special use of objects of flora;
decides on granting the right of special use of objects of flora or motivated decision on refusal to grant such a right.
6. The decision on granting the right of special use of objects of flora, was adopted by the authorized body free of charge.
7. The decision of the authorized body on granting the right of special use of objects of flora may include mandatory compliance with the limitations and conditions of use of objects of flora, provided by legislative acts.
8. The decision of the authorized body on granting the right of special use of objects of flora, was adopted for up to five years.
9. The grounds for the decision by the authorized body on granting the right of special use of objects of flora are:
text-align: justify;"> the absence of violations of legislation of the Republic of Belarus, regulating the right of special use of objects of flora;
the absence of legislative restrictions and prohibitions in the address with objects of flora in respect of which the right is requested special use;
the submission of this application prior to March 15 of the year of commencement of implementation of the right of special use of objects of flora.
10. A copy of the decision on granting the right of special use of objects of flora within five days from the date of its adoption shall be sent by the authorized body to the applicant who is granted a special right of use of objects of flora, city, district or municipal and district Inspectorate of natural resources and environmental protection at the place of implementation of the right of special use in the Ministry of natural resources and environmental protection.
In the case of adoption by the authorized body of a decision to refuse to grant the right of special use of objects of flora a copy of the decision within five days from the date of its adoption shall be sent to the applicant.
11. Transfer of the right of special use of objects of flora other legal persons and individual entrepreneurs shall be prohibited.
CHAPTER 3 PROCEDURE OF NOTIFYING THE AUTHORIZED BODY ABOUT THE PLANNED ACTIVITIES FOR THE PROCUREMENT OF WILD PLANTS AND (OR) THEIR PARTS
12. Legal entities and individual entrepreneurs that intend to conduct activities for the purchase of wild plants and (or) their parts (further - notifiers), sent to the authorized body at the place of the planned implementation activities for the procurement of wild plants and (or) parts thereof notice of intention to exercise the right of special use of objects of flora through procurement of wild plants and (or) their parts (further - the notice) in the form according to Appendix 3.
13. Authorized body within five days from the date of receipt of the notification a copy with a mark about registration of a notice shall send to the notifier and to the city, district or municipal and district Inspectorate of natural resources and environmental protection of the site of the planned implementation activities for the procurement of wild plants and (or) their parts and to the Ministry of natural resources and environmental protection.
CHAPTER 4 PROCEDURES FOR TERMINATION OF SPECIAL USE OF OBJECTS OF FLORA AND PROCUREMENT OF WILD PLANTS AND (OR) THEIR PARTS
14. The right of special use of objects of flora is terminated without the adoption by the authorized body decision on termination of the right of special use of objects of flora in the following cases:
expiration of special use of objects of flora;
a waiver of the right of special use of objects of flora. In this case, the competent authority where the special use of objects of flora user-flora sent a statement of termination of the right of special use of objects of flora in the form in accordance with Annex 2, or a notice of termination of special use of objects of flora through procurement of wild plants and (or) their parts on the form in accordance with Annex 3.
Authorized body within five days from the date of receipt of notice of termination of the right of special use of objects of flora through procurement of wild plants and (or) their parts a copy with a mark about registration of a notice shall send to the notifier and to the city, district or municipal and district Inspectorate of natural resources and environmental protection of the place of business for the purchase of wild plants and (or) their parts and to the Ministry of natural resources and environmental protection.
15. In the cases provided for in paragraphs fourth to the twelfth article 51 of the Law of the Republic of Belarus "About plant world", the right of special use of objects of flora is terminated upon decision on termination of the right of special use of objects of flora, adopted by the authorized body, after which the copy of the decision on termination of the right of special use of objects of flora within five days from the date of its adoption shall be sent by the authorized body of the legal person or the individual entrepreneur, against which it is taken, as well as in urban district or city and district inspection of natural resources and environmental protection at the place of implementation of the right of special use of objects of flora and the Ministry of natural resources and environmental protection.
Annex 1
to the Regulation on the procedure for granting
right of special use
objects of flora and
notification to the local Executive
and administrative bodies on
planned procurement activities for
wild plants and (or) their parts
Form
The DECISION <*> __________
granting the right of special use of objects
the plant world
___ _____________ 20__ gg _____________
1. To provide ______________________________________________________
(name of the legal entity or surname,
___________________________________________________________________________
own name, patronymic of the individual entrepreneur,
___________________________________________________________________________
location of legal entity or place of residence
__________________________________________________________________________,
individual entrepreneur)
the certificate of state registration from ___ _________ 20__ G. N ___,
issued __________________________________________________________________
(name of authority performing state registration)
__________________________________________________________________________,
account number of the payer ________________________________________________,
the right of special use of objects of flora: ______________
(view
__________________________________________________________________________.
special use)
2. Conditions for special use of objects of flora:
___________________________________________________________________________
(if necessary, establish such conditions)
__________________________________________________________________________.
3. The decision enters into force __ ___________ 20__ and valid till
__ _________ 20__ G.
__________________________ ________________ ___________________________
(name of office) (signature) (initials, surname)
M. P.
AGREED
City, regional or urban
and district inspection of natural
resources and environmental protection
__________________________ ________________ ___________________________
(name of office) (signature) (initials, surname)
M. P.
The user of the land or
water body, within which
located flora
the world
__________________________ ________________ ___________________________
(name of office) (signature) (initials, surname)
M. P.
--------------------------------
<*> Filled on the form of the relevant local Executive and
body.
Annex 2
to the Regulation on the procedure for granting
right of special use
objects of flora and
notification to the local Executive
and administrative bodies on
planned procurement activities for
wild plants and (or) their parts
Form
_________________ the Executive Committee
________________________________________
(surname, name, patronymic
________________________________________
individual entrepreneur,
________________________________________
passport data (series, number, when and
________________________________________
by whom issued), place of residence, number of
________________________________________
phone or the name and place
of the legal entity,
phone number)
The STATEMENT <*>
Please _________________________________ the right of special use
(to provide (to stop)
flora: _____________________________________________
(special use)
on-site _____________________________________________________________
(name of land user (water user)
___________________ district _____________ region for the period __________________
(not more than 5 years)
to ___ __________________ 20__ G.
About yourself misleading: the certificate of state registration from
____ ____________ 20__ G. N _ _ _ _ _ issued by _______________________________
(the name of the authority
________________________________________________, account number of the payer
carrying out state registration)
____________________________________________________________.
With the requirements of the legislation of the Republic of Belarus on the plant world
familiar.
___________________ ______________________________________
(signature) (initials, surname of head
legal entity, individual
entrepreneur)
__ ______________ 20__ G.
--------------------------------
<*> The statement for the legal entity served on the organization's letterhead.
Appendix 3
to the Regulation on the procedure for granting
right of special use
objects of flora and
notification to the local Executive
and administrative bodies on
planned procurement activities for
wild plants and (or) their parts
Form
_________________ the Executive Committee
________________________________________
(surname, name, patronymic
________________________________________
le="text-align: right;">
individual entrepreneur,
________________________________________
passport data (series, number, when
________________________________________
and by whom issued), place of residence, number of
________________________________________
phone or the name and place
of the legal entity,
phone number)
NOTICE <*>
Hereby notify you of ________________________________________________
(the intention to exercise the right (the termination
law)
special use of objects of flora through procurement
the following species of wild plants and (or) their parts: __________________
(listed
___________________________________________________________________________
plant species and (or) their parts)
on-site _____________________ district ______________ region.
About yourself misleading: the certificate of state registration from
___ __________ 20__ G. N _ _ _ _ _ _ _ _ issued by _______________________________
(the name of the authority
________________________________________________, account number of the payer
carrying out state registration)
________________________________________________________.
With the requirements of the legislation of the Republic of Belarus on the plant world
familiar.
___________________ __________________________________________
(signature) (initials, surname of head
legal entity, individual
entrepreneur)
__ ______________ 20__ G.
__________________________________________
(the level of city or district
Executive and administrative
authority evidencing the registration
notice of intent to exercise
right (termination rights) special
the use of objects of flora
peace in the district)
--------------------------------
<*> The notification for the legal entity served on the organization's letterhead.