Law of Mongolia on Water

LAW OF MONGOLIA May 17, 2012 ON WATER / New revised / CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the law 1.1. The purpose of this law is to regulate relations pertaining to the protection, rational use and restoration of water resources and its basins. Article 2. Legislation on water The legislation on water shall consist of the Constitution of Mongolia 1 , Law on Environmental Protection 2 , this law and other legislative acts enacted in conformity therewith. If an international treaty to which Mongolia is a party is inconsistent with this Law, then the provisions of the international treaty shall prevail. Article 3. Definitions of the terms of the law The following terms used in this law shall have the following meaning: 3.1.1 “Water resource” means surface water and groundwater in the area of water bodies within the territory of Mongolia; 3.1.2. “Available resource” means the amount of water resources that can be used for a certain period without disturbing the ecosystem’s ecosystem balance; 3.1.3. “Water basin” means the spaces covered by the recharge area for surface catchment area and groundwater reserves; 3.1.4. “Land with water” means the area of land, which is occupied by lakes, ponds, ponds, rivers, streams, springs, reservoirs, springs, lakes, lakes, glaciers and their protected areas; 3.1.5. “Source of river runoff” means the high mountain zone and basin of origin which form the main part of surface runoff; 3.1.6 “Water resource” means the source of the water resources and river runoff used for water supply; 3.1.7. “Spa” means natural water and mud which is of great significance in physics and chemistry; 3.1.8. “Mineral deposit” means a place containing mineral springs in the subsoil and its subsoil; https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/law/details/8683&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhjA59sdwv57c3HnKLfoxLeUVaqfrA# ftn1 https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/law/details/8683&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhjA59sdwv57c3HnKLfoxLeUVaqfrA# ftn2 3.1.9. “Special and ordinary protective zone” means a strip of land established to protect water resources, water sources and springs from depletion and pollution; 3.1.10. “Hygiene zone” means a strip of land established for the purpose of protecting water sources and springs; 3.1.11. “Border water” means surface or groundwater under or around the Mongolian border line; 3.1.12. “Reservoir” means artificial lake, pond and pond created for the purpose of accumulating and using water resources; 3.1.13. “Water facility” means a system of construction and operation of water facilities, water supply, storage, transmission, distribution, distribution, disinfecting, cleaning, quality improvement, groundwater extraction, water protection and flood protection. buildings and facilities; 3.1.14. “Irrigation system” means a complex that includes water facilities and equipment designed to transport, transmit, distribute and distribute surface water and groundwater to irrigate pastures, hay and crops; 3.1.15 “Water supply source” means a water facility for wells, towers, collection, treatment plants and distribution areas; 3.1.16. “Water Resources Management Plan” means a document that will coordinate the activities of conserving, rational use and restoration of water resources in the basin; 3.1.17 “ecological and economic assessment of water” means cash in the form of natural value, benefits, size, quality and consumption of water resources in monetary form; 3.1.18. “Water scarcity” means decrease of water resources, water quality, and natural value and degradation; 3.1.19 “water pollution” means changes in the composition of natural water due to direct and indirect activities of the people and the deterioration of water quality; 3.1.20. “Water quality” is a complex physical, chemical and biological characteristic of the water quality standard. 3.1.21. “Water quality standard” means a certification by the competent authority to ensure that the chemical, physical and biological characteristics of water are not adversely affecting human health and the environment; 3.1.22 “pollutants” means substances contained in waste water and contaminants of the environment and their mixtures; 3.1.23 “hazardous polluting substance” means a substance listed in the list approved by the state central administrative body in charge of nature and environment; 3.1.24. “Waste water” means wastewater and liquid waste from household consumption and production and services; 3.1.25. “Wastewater water quality” means certifying the maximum permissible level of pollutants in wastewater from waste water sources; 3.1.26 “Wastewater treatment standard for sewage system” means the maximum permissible level of pollutants in wastewater from the production and services determined by the sewage system; 3.1.27. “Water user” means a citizen, economic entity or organization that uses water, water environment and mineral water for their production and services for profit purposes; 3.1.28 “Water user” means consumers who use water and water environment for drinking, household and family, livestock and farming purposes; 3.1.29. “Water polluter” means a citizen, economic entity or organization that produces household consumption and production and services and discharges waste; 3.1.30 “water quantity and registration” means the number and volume of water resources, water quantity, quality, usage and waste water volume and water pollution source inventory and registration of water resources; 3.1.31. “Water Use Fees” means payments for use of water and mineral resources for household and industrial use and services; 3.1.32. “Water pollution payments” means payments to be discharged or disposed of in accordance with waste water content conforming to the standard water quality standards; 3.1.33. “Water pollution compensation” means payment for water discharged or disposed of over the standard water quality standard; 3.1.34. “Stable river” means the meadow strip zone from the river bank to the first floor. Article 4. Integrated Water Resources Management Water resource in the territory of Mongolia is a strategic treasure. Public land use shall be regulated by the state organization regulated. 4.3. The principle of efficient and cost-effective use of water resources shall be pursued. The professional organization referred to in clause 21.1 of this Law shall determine the amount of water resources and its available resources for exploration and survey. 4.5 The Water Resources Board shall approve the total amount of water and its potential resources. Cabinet member in charge of nature and environment shall establish a water resource council and approve the rules and regulations. 4.7. The state central administrative body in charge of nature and environment shall develop the integrated water resources management plan (hereinafter referred to as “basin management plan”) based on the available resources specified in Article 4.4 of this law. (This paragraph was amended by the law of August 17, 2012) 4.8. The Cabinet member in charge of nature and environment shall approve the basin management plan. 4.9. The Cabinet member in charge of nature and environment shall determine the maximum amount of resources available from underground and groundwater in the watershed / hereinafter referred to as “basin”. The basin specified in 10.1.2 of this Law shall be in charge of basin administration and shall be responsible for the management of the basin administration with the state central administrative body in charge of nature and environment. (This paragraph was amended by the law of August 17, 2012) 4.11. Water resources have ecological and economic value. Article 5. Water exploration and research Exploration and research to determine the amount of water resources and its possible resources as specified in Article 4.4 of this law shall be financed from the state budget. The Government member in charge of nature and environment shall make a decision on exploration and survey of hydrogeological and hydrological exploration, urban and other cities, towns, villages and settlements in certain region and shall be financed from the state budget. 5.3. The state central administrative body in charge of nature and environment shall make decisions on the exploration and research of water resources for domestic and industrial purposes for citizens, business entities and organizations and shall be financed by the client by own funding. (This paragraph was amended by the law of August 17, 2012) 5.4. The water exploration and research organizations specified in Articles 5.2 and 5.3 of this Law shall verify the results of exploration and research by the Water Resource Council and shall submit the reports and reports to the State Water Information Database. 5.5 Foreign citizens, business entities and organizations may not conduct water and water related researches in water reservoirs without the permission of the state central administrative body in charge of nature and environment. (This paragraph was amended by the law of August 17, 2012) Article 6. Water monitoring-network 6.1. The state central administrative body in charge of nature and environment shall organize and supervise the integrated water monitoring and analysis network to provide regular monitoring, measurement, research, assessment and information on water resources, regime, quality characteristics and changes. https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2012/12-ne-99.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhgaPTU99tk3B1s2x1qgInBeYz hpQ The state integrated water monitoring network shall consist of following parts: State monitoring network; 6.2.1. 6.2.2. Basin monitoring unit; 6.2.3 Internal control point of a business entity and organization. The State Administrative Central Organization in charge of nature and environment shall approve the water monitoring program and provide professional management and monitoring program shall include water reservoir, groundwater resource name, monitoring station, station, number of boreholes, location, type of analysis , methodology, and contractor. 6.4. Operational expenses for provisioning and operating equipment and networks specified in 6.2.1 and 6.2.2 of this Law shall be financed from the state budget. 6.5 The water monitoring data report shall be submitted to the state water database. Article 7. Water databases and statistics 7.1. The state water database shall contain information on surface and groundwater, springs, spatial characteristics, total water availability and possible utilization, quality, changes, monitoring results, water use, waste water disposal data, ecology- economic assessment, water user and user information, exploration and research reports, location of water facilities, capacity and technical specifications. 7.2 The Cabinet member in charge of nature and environment shall approve the indicators and records on state water database. 7.3. Water inventory shall be organized annually by governors of aimags, the capital city, soums and districts and shall be included in the national water database. The State Administrative Central Organization in charge of nature and environment shall prepare an annual report on state water condition based on data from the water database. (This paragraph was amended by the law of August 17, 2012) 7.5. Water user and user citizen, business entity and organization shall be obliged to submit to the central government organization in charge of nature and environment and to the basin administration specified in Article 17 of this Law regarding the establishment of water database. (This paragraph was amended by the law of August 17, 2012) CHAPTER TWO POWERS AND WITNESSES OF WATER AND OTHER COUNTRIES Article 8. Powers of the State Great Hural The State Great Hural shall exercise the following powers regarding water relations: 8.1.1. Determining payment of water use and pollution; 8.1.2. Adjust the adjustment and transplantation of the main rivers; Other powers provided by law. Article 9. Powers of the Government The Government shall exercise the following powers in relation to water relations: 9.1.1. 9.1.1. To approve integrated water resources management plan; 9.1.2. To negotiate with neighboring countries about water resources; 9.1.3. To approve ecological and economic assessment of water resources; 9.1.4. To adjust river flow other than those specified in 8.1.2 of this law, to set up water accumulation and transfer; 9.1.5. To conduct cross-sectoral coordination on water issues, provide integrated management and operate a national committee responsible for monitoring the implementation of the national program; 9.1.6 Other powers provided by law. Article 10. Powers of the State Administrative Central Organization in charge of nature and environment 10.1 The state central administrative body in charge of nature and environment shall exercise the following powers in water affairs: 10.1.1 to consolidate, approve and approve the plans specified in 9.1.1 of this law, to provide policy, inter sectoral and regional coordination; 10.1.2. Set up basin based on natural and administrative boundaries of the rivers and streams of Mongolia; approve the basin structure and organization; 10.1.3. To estimate water resources, to conduct water register, to determine ecological and economic assessment of water resources, to conduct water monitoring, to rehabilitate land with water reservoir, to use, to own, to own water use and consumption water aquifers to develop and approve the procedures and instructions connected with the relevant State Central Administrative Body; 10.1.4. Develop and approve methodological guidelines for basin land management plan; 10.1.5. To issue and cancel the rights of professional organizations to conduct water exploration and research; 10.1.6. Approve methodology for assessing damage caused to water resources and compensation; 10.1.7. Implement international agreements and agreements on water resources; 10.1.8. To make decisions on alteration of river diversion; 10.1.9. To monitor the state database; 10.1.10. Approve procedures for rational use and protection of mineral resources in cooperation with the state administrative body in charge of health matters; 10.1.11. To appoint and dismiss the chairman of the basin land; 10.1.12. To approve the list of hazardous substances toxic; 10.1.13. Organize exploration work as specified in Article 5.2 of this law; 10.1.14. To develop, approve and implement water exploration, design and research plan and monitor the exploration and research activities; / This clause was added by the law dated August 17, 2012 / 10.1.15. To determine and enforce the amount of available water resource in the basin for each purpose of utilization; / This clause was added by the law dated August 17, 2012 / 10.1.16. Develop proposals to determine the maximum amount of water resources specified in Article 4.9 of this law; / This clause was added by the law dated August 17, 2012 / 10.1.17. To provide citizens, business entities and organizations with information on water databank and water information; / This clause was added by the law dated August 17, 2012 / 10.1.18. To summarize state water quantities and statistics and summarize reports on water resource and water use nationwide; / This clause was added by the law dated August 17, 2012 / 10.1.19. Develop methodology and guidelines for estimating water ecological-economic assessment and calculate damages caused to water resources; / This clause was added by the law dated August 17, 2012 / 10.1.20. To develop technical conditions and standards for waste water purification and reuse, based on advanced technology and scientific findings and monitor implementation thereof; / This clause was added by the law dated August 17, 2012 / 10.1.21. The basin administration, aimag and capital city environmental departments, soums and district rangers shall be provided with integrated management of water relations, as well as the basin administration, aimag and capital city environmental authorities concluded as provided in Article 28.4 hereof as well as the water professional to monitor the conclusions of the organization; https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2012/12-ne-99.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhgaPTU99tk3B1s2x1qgInBeYz hpQ / This clause was added by the law dated August 17, 2012 / 10.1.22. To change the river diversion, adjust the runoff and make professional conclusions on the water use project; / This clause was added by the law dated August 17, 2012 / 10.1.23. Conduct drilling wells, wells, conduct construction and utilization of water facilities and make conclusions; / This clause was added by the law dated August 17, 2012 / 10.1.24. For a prolonged prohibition of water use for the purpose of water allocation and restriction of water for the water user in the basin, in case of water scarcity and contamination during desertification and drought; / This clause was added by the law dated August 17, 2012 / To develop and approve the standards prescribed by the standards of health care in cooperation with the state central administrative body in charge of health matters; / This clause was added by the law dated August 17, 2012 / To make conclusions on the use of mineral water registered in the state reserve with the purpose of treatment care, production and service; / This clause was added by the law dated August 17, 2012 / 10.1.27. To carry out expert opinion on exploration, research and design work on construction of irrigation engineering, irrigation and irrigation engineering, and submit it to the state central administrative body in charge of nature and environmental affairs; / This clause was added by the law dated August 17, 2012 / 10.1.28. Make a decision on whether a foreign citizen, business entity or organization conduct research and survey related to water and water environment in water bodies; / This clause was added by the law dated August 17, 2012 / 10.1.29. Develop standards for water quality and waste water and approve jointly with competent authorities; / This clause was added by the law dated August 17, 2012 / 10.1.30. Other powers provided by law. (Amendment of this article of issue by the Law of August 17, 2012) Article 11. Powers of Aimag, Capital City, Soum and District Citizens’ Representative Hurals Aimag, capital city, soum and district Citizens’ Representative Khural shall exercise the following powers regarding water relations: 11.1.1. 11.1.1. To monitor the implementation of water legislation, policies, programs and decisions, and to discuss the Governor’s report on this issue and to make conclusions; Discuss and approve plans and programs of basin administration and governors on water conservation, rational use, rehabilitation of water resources, and prevention of water disasters; https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2012/12-ne-99.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhgaPTU99tk3B1s2x1qgInBeYz hpQ To make decisions on local water conservation based on proposals by the Governor, to determine and protect the boundaries of the protection zone; According to Articles 22.1-22.4 of this Law, the water reservoir special and simple protection and hygienic zones and water supply source boundaries shall be set by the city in charge of municipal sewage and environmental issues. establishing a conclusion based on the conclusion of the Central Administrative Body; (This provision was amended by the law of August 17, 2012) Other powers provided by law. Article 12. Powers of Aimag and Capital City Governors Aimag and Capital City Governors shall exercise the following powers in relation to water relations: 12.1.1. Determine and implement the budget and the amount of funds required for protection, proper use, accumulation, rehabilitation, flood hazard, potential damage and remedial measures; and to approve and implement Citizen’s Representative Hural; 12.1.2. To submit orders for exploration and survey of centralized water supply of urban areas with state level and submit it to state central administrative body in charge of environment, construction and urban development; To organize activities related to protection of water, water use, rational use, restoration, and construction of water facilities; 12.1.4. Ensure the zone regime’s implementation, marking the zone and special zone of protection and hygiene, sanitary zones and recharge areas; 12.1.5 Other powers provided by law. Article 13. Powers of Soum and District Governors 13.1. Soum and district governors shall exercise the following powers in relation to water relations besides those specified in 12.1.1 and 12.1.3 of this law: 13.1.1. To stop unlicensed use of water for industrial purposes and to stop activities of boreholes; Make an agreement to use mineral water to citizens, economic entities and organizations in Mongolia and monitor their implementation; 13.1.3. To withdraw water from the source, to rehabilitate, reforestation and reforestation in case of water scarcity, rivers, lakes, springs, springs, wells and pollutants, and to compensate the damages to nature. ; 13.1.4. Determine the waste water disposal area within the territory based on the proposal of the professional organization; 13.1.5. To issue water permits based on the conclusions provided in provision 28.4 of this law; https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2012/12-ne-99.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhgaPTU99tk3B1s2x1qgInBeYz hpQ 13.1.6. Mark the zone and special zone of protection and hygiene, sanitary zones and recharge areas and enforce zone regimes; 13.1.7. other powers provided by law. Article 14. Powers of Bag and Khoroo Citizens’ Public Hural The Citizens’ Public Assembly of Bagh and Khoroo shall exercise the following powers in relation to water relations: To hear information from bagh or khoroo governors about implementation of water legislation on their territory; 14.1.2. 14.1.2 Discuss and resolve proposals of governors on establishing wells, ponds, reservoirs and irrigation systems for the purpose of regulating the utilization and ownership of wells, reservoirs and irrigation systems in the territory of the area, and irrigation of pasture, hay and farming; 14.1.3. Other powers provided by law. Article 15. Authority of Bag and Khoroo Governors Governors of bag and khoroo shall exercise the following powers in relation to water relations: 15.1.1. To organize and ensure the enforcement of legislation and decisions of the competent authorities on water resource depletion, pollution prevention, rational utilization, water restoration environment; 15.1.2.To involve citizens to protect, decorate, plant trees, vegetation, increase water and pollute prevention from sources, streams, springs, springs; 15.1.3 monitor the use, protection and possession of water points in their territory; 15.1.4 to maintain the regime of special and ordinary protection and sanitation zone of water; 15.1.5. Other rights provided by law. Article 16. / This article was repealed by the law of August 17, 2012 / Article 17. Authorities of the basin administration The basin administration shall exercise the following powers in water in the basin: 17.1.1. 17.1.1. Drafting basin management plan; 17.1.2. Ensure local and inter-sectoral coordination of implementation of basin management plan and oversee its implementation; https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2012/12-ne-99.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhgaPTU99tk3B1s2x1qgInBeYz hpQ 17.1.3. Provide professional recommendation to Governors and Citizens’ Representative Hural at all levels; 17.1.4. Organize the water inventory annually in cooperation with the local level basin and report to the state central administrative body in charge of nature and environment; (This provision was amended by the law of August 17, 2012) 17.1.5. To conduct the basin water information sub databases and provide public information; Receive requests for citizens, business entities and organizations on drilling and drilling of water for water use and make conclusions on water use according to 28.4 of this law on the basis of water resource management plan and record in the database; 17.1.7. Determine the grounds for imposing water use and pollution fees in accordance with relevant legislation; To set up water supply and waste water disposal area within the basin; 17.1.9. To submit a claim to the court to liquidate the damages caused to the citizen, business entity or organization which violates the requirements for water use and waste water disposal; 17.1.10. Regular monitoring of available water resources and water use in the basin; To submit proposals on the establishment of the basin council with the respective local government and submit it to the state central administrative body in charge of nature and environment; (This provision was amended by the law of August 17, 2012) Develop a justification for extraction of river, lake, water resources and groundwater deposits into state and local special protected areas; 17.1.13. Other powers provided by law. The basin administration shall be based on the special permit for mineral exploration and mining in the basin. 17.2. Article 18. Powers of Aimag and Capital City Environmental Authorities The aimag and capital city environmental departments shall exercise the following powers in relation to water relations: 18.1.1. 18.1.1 monitor the implementation of water legislation and report the results to the aimag and capital city governors and the state central administrative body responsible for nature and environment; (This provision was amended by the law of August 17, 2012) 18.1.2. To provide aimag and capital city water databank and provide information on the state central administrative body in charge of nature and environment and basin administration; (This provision was amended by the law of August 17, 2012) https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2012/12-ne-99.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhgaPTU99tk3B1s2x1qgInBeYz hpQ 18.1.3. To monitor water resource use, water use, rehabilitation of water resources, water supply, sewerage and waste water disposal; 18.1.4. Water users shall issue a certificate of water use, conclude a contract and record in water database based on the decision of basin administration and conclusion as provided in 28.4 of this law; 18.1.4. 18.1.5. Summarize the amount of water and mineral water supply to the state central administrative body in charge of nature and environment and basin administration; 18.1.5. (This provision was amended by the law of August 17, 2012) 18.1.6. Other powers provided by law. Article 19. Powers of soum and district ranger Soum and district ranger shall exercise the following powers in relation to water relations: 19.1.1 monitor the implementation of water legislation in its area of responsibility and take measures to eliminate the violation; 19.1.2. Impose fines and pollution charges in accordance with legislation and monitor payments; 19.1.3. Take measures to protect water, mineral water, rational utilization and rehabilitation in the local area with basin administration; 19.1.4. To issue and register a water user agreement on the basis of permission specified in 28.6 of this law and to send to the basin administration, aimag and capital city environmental department information. Article 20. Basin council 20.1. Establishment of a non-partial water basin council (hereinafter referred to as “basin council”), which is responsible for the conclusion, recommendation, oversight and multi-stakeholder participation in the development and implementation of basin water management plans. 20.2. The River Basin Council consists of representative of the local government, environmental department, specialized inspection agency, non-government organization, soum, district citizen, water user, scientist, researcher and water professional organization. 20.3. The Cabinet member in charge of nature and environment shall approve the establishment and operation of the basin council. The basin council shall exercise the following powers in relation to water relations: 20.4.1. 20.4.1. To include citizen proposals in making decisions on water conservation and rational use; 20.4.2. To distribute and use water resources, to submit proposals for the construction of major mining and dam and dams; 20.4.3. Monitor the implementation of the basin water management plan and submit to the competent authority the decision to remove the violation found and to take account of the violation revealed; 20.4.4. To monitor whether the water user complies with the contract and the provisions of Article 30 of this law; 20.4.5. To monitor whether the water user complies with the Environmental Impact Assessment, reducing the damages and restoration of damages; 20.4.6. Monitor the compliance with regulation of special and simple protection and hygienic zone of water resources and water sources; 20.4.7. Organize the protection, reforestation, rehabilitation and rehabilitation activities surrounding the source and water sources, and coordinate local community support, initiatives and professional organizations; 20.4.8. To submit proposals to the competent authority to suspend the construction if approved by the professional organization of the water constructions design and adverse impact on water resources; Make a proposal to cancel the conclusions of the basin administration relevant to water use to the competent authority. Article 21. Professional Water Organization The water professional organization shall carry out water analysis and auditing to conduct water exploration and survey, drilling well, designing, constructing, equiping and saving water. The rights of professional organizations conducting exploration and research work shall be granted only to domestic invested entities. The Cabinet member in charge of nature and environment shall approve the direction and role of water professional organization. The State Central Administrative Body in charge of nature and environmental affairs shall be granted for five year terms and shall extend the right of professional organization to water every five years. CHAPTER THREE WATER PROTECTION AND WATER ENVIRONMENT Article 22 Protection of water resources To set aside special and simple protection and hygiene zones for water reservoirs and water sources in order to prevent water shortage and protection from pollution, flood and water disaster. 22.2. Set a special protection zone not less than 50 meters from the bank’s shore and rivers. 22.2.1. To collect buildings, facilities, blasting, blasting, cultivation, extraction, extraction, reeds, slabs, cutting of sand, gravels and stones, and harvesting of natural plants for the protection of the unique zones. It shall be prohibited to establish a washing and agricultural production facility. 22.3. To set hygienic zones at least 200 meters from the protected zone and water supply source not less than 200 meters from the shore groundwater. 22.4. The Cabinet member in charge of nature and environmental affairs shall approve the regulation on regulating the regime of special and ordinary protection and sanitation zone of water resources and water resources and shall define regime of special and ordinary protection and hygienic zone and zone. 22.4. 22.5. The Government member in charge of environment and land relations shall jointly determine the sanitary zone hygiene zone and recharge zone of the capital city water supply source. 22.6. Citizens, business entities and organizations are prohibited to violate the regulation set forth in article 22.4 of this law. 22.7. Rivers, rivers, lakes, water sources and groundwater freshwater shall be subject to state and local special protection. 22.8. It is prohibited to change the natural river diversion of the river basin without the decision of the state central administrative body in charge of nature and environment. 22.9. Mineral exploration and mining relations shall be regulated by law in the area of rivers and streams, protected areas with protected areas and forest reserves. 22.10. The hygienic sanitary and protective zone shall be defined as follows: 22.10.1. 22.10.1. Hygiene zone within 100 meters of mineral deposits and springs; 22.10.2. The safeguard zones shall consist of a restriction and restriction zone and a zone of prohibitions not less than 200 meters around the sanitary area; 22.10.3 establish a restricted zone to a water professional organization. 22.11. The following activities shall be prohibited in the hygienic sanitation zone: 22.11.1. Construct buildings and installations of equipment for purposes other than direct mining; 22.11.2. Disposal of waste and chemicals. 22.12. It is prohibited to conduct following activities in the prohibited mineral zone: To construct buildings intended for use of mineral water for waste water without treatment and disposal; 22.12.2. 22.12.2.Governery, livestock grazing and hay making; 22.12.3. To set up waste disposal, storage and disposal baskets. 22.13. It is prohibited to conduct the following activities in the mineral restrictions zone: 22.13.1. 22.13.1 Construction of buildings and structures not directly related to use of water and mineral water; 22.13.2. Storage and disposal of waste and waste water disposal sites, storage of petroleum products and chemicals. 22.14. The state central administrative body in charge of nature and environmental affairs shall determine the regime of sanitary and hygienic zones. 22.15 Individuals, business entities and organizations shall be prohibited from breaching the regime of the sanitary and protective zone of the spring mentioned in Article 22.14 of this law. 22.16. If the mineral deposit user is in breach of relevant law and technological regime, the mineral deposit, resources, resources and quality loss from the violation of the related legislation and technological procedures shall terminate the utilization of the mineral resources on the basis of the conclusions of the basin administration and the rehabilitation shall be carried out at the expense of guilty individuals, business entities and organizations. 22.17. Citizens, business entities and organizations shall seal their borehole which is finished using their means and submit them to aimag and capital city environmental departments and soums and district governors. 22.18. Measures to protect and rehabilitate water resources shall be financed by state and local budgets, the environment, the climate fund, the business entities and organizations, and foreign loans and grants. / This part was amended according to the law dated on February 9, 2017. / Article 23. Protection and rational use of water resources during drought, desertification and dryness To support the initiative of local people and business entities on accumulation of rain, snow and flood water for drought, desertification and flood water, to support the initiative of local people and business entities on dams, bridges, artificial lakes and ponds. in collaboration with the administration. 23.2. The level of drought, desertification and dryness of that year shall be set by the aimag and capital city Governors and the state central administrative body in charge of nature and environmental affairs. 23.3. The state central administrative body in charge of nature and environment shall set rules on the management of water, desertification, dryness and water resource management at that time. Article 24. Protection against water pollution 24.1. It shall be prohibited to wash radioactive and toxic chemicals, infectious substances, waste, wastewater, storage, machinery and dirty objects in water sources. https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2017/17-ne-92.docx&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhirHZunhqziqS9LBkJjbXbDo3wz7Q 24.2. Water pollutants that contain waste water containing dangerous polluting substances specified in 10.1.12 of this law, waste water disposal and waste disposal shall be based on the conclusions of the state central administrative body in charge of nature and the environment, with a basin less than 50 kbh per day. Water and pollutants from water sources shall be provided by Soum and Duureg Governors based on the conclusions of the basin administration. (This paragraph was amended by the law of August 17, 2012) 24.3. If water polluter fails to dispose of waste water without accident, it shall inform the basin administration and the appropriate level governor promptly, reduce water pollution and rehabilitate the environment at his own expense. 24.4. Citizens, business entities and organizations of water users shall isolate their domestic wastewater disposal points in accordance with the procedures established by the Member of the Government in charge of health and environment. 24.5 Records of waste water disposal shall be registered in the water database. 24.6 The waste water disposal exceeding the amount specified in the waste water disposal permit and the wastewater discharged beyond the waste water standard shall serve as grounds for the revocation of water use rights. 24.7. The state central administrative body in charge of environment and urban settlement’s water supply and sewage shall approve the design of waste water disposal and disposal permits stated in 24.2 of this law. Article 25. Determination of fees and compensation for water pollution and depletion 25.1. Water polluter shall be responsible for controlling the quantity and composition of waste water and to dispose the waste water in accordance with waste water standard requirements and pay for water pollution. 25.2. If water polluter exceeds the level specified in the waste water standard, the environmental inspector shall levy reimbursement of water pollution and monitor the payment based on the conclusion of the professional organization and shall pay three times the amount of compensation for water pollution based on ecological economic assessment and for each pollutant. 25.2. set. 25.3. Citizens, business entities and organizations shall pay reimbursement of water pollution to the environment and climate fund. / This part was amended according to the law dated on February 9, 2017. / 25.4. Citizens, business entities and organizations shall pay the amount of water to be depleted by the size of buildings and squares that they possess and use in urban areas. 25.5. The amount of water pollution and depletion shall be determined by law. 25.6. Payment of damages specified in 25.2 of this law shall not be a reason to relieve from penalties provided in the Law on Criminal Law or Violation in accordance with relevant legislation. https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2012/12-ne-99.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhgaPTU99tk3B1s2x1qgInBeYz hpQ / This paragraph was amended by the law dated December 04, 2015 / CHAPTER FOUR WATER DISCLAIMER Article 26 Purpose and type of water use 26.1 26.1. Citizens, business entities, organizations and legal entities of foreign jurisdiction shall have the right to use water in accordance with laws and regulations on water use permits and contracts with specific purpose, terms and conditions. 26.2. Citizens, economic entities and organizations shall be classified according to the purpose of water utilization and utilization as follows: 26.2.1. 26.2.1. Water user; 26.2.2.user. Article 27. Permission to grant to consumers 27.1. Permission to drill holes, wells and river channels shall be granted to water users by the aimag and capital city environmental departments based on quantity and quality of water use. 27.2. The water user shall apply to the environmental agency of Aimag and Capital city and the application shall include the following information: 27.2.1. 27.2.1. Purpose and quantity of water use; 27.2.2. Copy of the possession, possession and use rights of the land; 27.2.3. Information. 27.3. Aimag and capital city environmental departments shall record water user wells and bores in the water databases and issue a well passport. 27.4. Water user is prohibited from changing the purpose of use, without boring drilling, making wells or trenching without permission. Article 28. Permission to water user 28.1. Citizens, economic entities and organizations shall submit their request for use of water to persons specified in 28.4 of this law. The following documents shall be attached to request request: 28.2.1.importation of sources of water or source of mineral water and its location; https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2015/15-ne-365.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhhMymLTIu9XVi9l8tfBBgrcgY1lZw 28.2.2. Conclusions, research reports and possible resources for establishing reserves, quality and composition of water, mineral water; 28.2.3. Size and purpose of water use; Painting and project of the facility; 28.2.5. Production capacity, technical and economic indicators; 28.2.6. Environmental impact assessment report and conclusion. 28.3. The following documents shall be attached besides those stipulated in Article 28.2 of this Law for filing a petition for use of a fire: 28.3.1. A restricted zone of mineral water confirming by the water professional organization approved by the water resource council specified in 4.5 of this law; 28.3.2. 28.3.2. Conclusion of the state central administrative body in charge of health matters; 28.3.3. Project protection and use. To calculate the conclusions of the state central administrative body in charge of nature and environment, 50 100 m3 of water and water use conclusions for the use of 100 cubic meters of water and the use of energy and water transport shall be utilized by basin administration and water supply to 50 cubic meters, ponds and ponds, concluding trenches and trenches for aimag and capital city environmental departments. (This paragraph was amended by the law of August 17, 2012) 28.5. The person specified in 28.4 of the present law shall make a conclusion within 15 working days after receipt of the request for water use. 28.6.Under the conclusions set forth in 28.4 of this law, water use for 100 ccd of water is permitted by the administration of the basin and 50-100 mc per day of water use by aimag and capital city environmental departments shall be provided by soum and district governors. and record water information. The water supply organization of the centralized water supply source shall obtain a conclusion by the state central administrative body in charge of nature and environment and obtain approval from the basin administration for water use. (This paragraph was amended by the law of August 17, 2012) A water use permit for citizens, economic entities and organizations shall be granted for up to 10 years and shall extend up to 5 years for the rights of water users to fulfill their contractual obligations. The term of permission for water use for use of strategic mineral deposits shall be the same as for the duration of the mining license. 28.10. Citizens, economic entities and organizations shall not represent the right to use water in their land. https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2012/12-ne-99.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhgaPTU99tk3B1s2x1qgInBeYz hpQ 28.11. The right to use water shall be created by a citizen, economic entity and organization upon the granting of a water use certificate and concluding a contract based on the permission specified in 28.6 of this Law. 28.12. Citizens, economic entities and organizations may use water resources on a contractual basis. 28.13. In case of using water resources which have been studied by state budget, water requisition, exploration and research cost shall be reimbursed by water user. 28.14. The amount of water used by an entity’s own assets shall not be granted to other entities in the use of water if the amount of the water used for the enterprise is sufficient to meet the expected useful life of the project. 28.15. The potential water resources discovered by the business assets shall meet the needs of the other entities on the basis of the conclusions of the state central administrative body in charge of the environment and in case of surplus water availability and the total water demand and exploration expenditure water expenses and exploration expenditures for economic entities may be reimbursed. (This paragraph was amended by the law of August 17, 2012) 28.14 and 28.15 of this Law shall not apply to water relations for use for drinking, domestic and environmental purposes. 28.17. The Government member in charge of nature and environment shall approve the water utilization conclusion service fee, water use certificate and contract template. 28.18 It is prohibited to use water without any conclusions and permission without water. 28.18. 28.19. It is prohibited to make a conclusion on water use in a factory or service with a technology that is in existence. Article 29. Establishment and termination of water use agreement Based on the authorization stated in 28.6 and 28.7 of this law, water user shall be provided with water supply supplier from central water supply source, water supply supplier from water supply source, decentralized water supply source, environmental department of aimag and capital city and sum and district governors shall conclude a contract. 29.2. The water use agreement shall include the following: 29.2.1. 29.2.1. Water Use Decision; 29.2.2. Water quantity, quality and composition of water use and daily use; 29.2.3. Location of water sources, drawings and projects of buildings; 29.2.4. Permission for waste water disposal, which specifies the amount of waste water, standard requirements, disposal sites, and location; 29.2.5. Unit charge of water use; 29.2.6. Amount of chargeable unit contaminated substances in the waste water; Measures to protect water resources, prevent water scarcity and pollution and the amount of funds to be spent; 29.2.7. 29.2.8. Rights and obligations of the parties to the contract; 29.2.9. Other necessary items. A water use agreement concluded with citizens, economic entities and organizations shall be canceled prior to the initiative of the licensee in the following cases: 29.3.1. 29.3.1. Failure to fulfill obligations stipulated in the obligation of the water user or contract; 29.3.2 violation of environmental protection and water legislation; 29.3.3. Payment of water use and pollution payment in timely manner; Polluted water source; 29.3.4. Forfeiture of water meter or water supply installation or filling of calibration equipment; 29.3.6. By the decision of the basin administration. 29.4. The state may at its own initiative to revoke the rights of water user from the water source to ensure the safety of the population. Article 30. Requirements for water users and water users Water user shall have the following obligations: 30.1.1. 30.1.1 not to use excessive water permits or contracts; 30.1.2. To have internal control points and equipment in accordance with Article 31.7 of the Environmental Protection Law of Mongolia that use more than 50 m 3 water per day; and to operate water utility manager in charge of water use; 30.1.3. To remove wastewater from wastes and to remove wastewater from the operation during the utilization period to clean up the waste water standard and to supply it to the central sewerage network or to directly dispose it; 30.1.4. Metering points, underground water bores and pipelines; 30.1.5. To pay for water and water pollution payment; The generator user shall have the following obligations in addition to those specified in 30.1 of this Law: 30.2.1. 30.2.1. Observe and observe regimen composition and composition of clay, mineral lakes and therapeutic profiles, and record mineral water use and submit the data to the basin administration; 30.2.2. Determine the disposal site for waste water and mineral water from the operation; 30.2.3 marking and protecting the boundaries and boundaries of spas hygiene and prohibiting zones in order to protect the mineral deposits from pollution and depletion. 30.3. Wastewater treatment plant of the plant, economic entity and organization which use radioactive substance shall be equipped with special equipment for removing it. 30.4. Water sources and pipelines shall be segregated from sources and pipelines of centralized water supply of urban settlements. 30.5. It is prohibited to build water facilities, reservoirs, dams and canals to prevent undisturbed biological resources and to evaporate water and to swallow soil, salt water, and to break down the soil. Business entities and organizations using water for mining shall obtain water from the mining water resource without interruption of river banks and river channels through pipes and pipes. Article 31 Water usage fees Citizens, economic entities and organizations that use water shall pay fees for use of water and mineral resources. 31.2. The water fee used more than the permitted size shall be paid up to 50 percent in incremental increment and the procedure for payment increment shall be developed by the state central administrative body in charge of nature and environment and approved by the Government. The amount and conditions of use of water and mineral resources shall be determined by law. Fifth article WATER BUILDING Article 32. Construction Facilities 32.1. Design and construction of water facilities shall be carried out only by a licensed professional organization. The decision to construct water facilities other than those referred to in Article 32.8 of this Law shall be made by the state central administrative body in charge of construction and urban development based on the environmental impact assessment, conclusion of the basin administration, and proposals of Aimags and the capital city governors. Water facilities and facilities may be owned and used by citizens, legal entities and organizations. Ownership and utilization of water facilities shall be extended for up to five years. Citizens, business entities and organizations possessing water facilities shall be obligated to provide water for others on the basis of contract and if the contract does not fulfill the obligations, the basin administration, aimag and capital city environmental departments, soum and district governors shall have citizens, business entities and organizations. contract can be terminated. 32.6. Water constructions and rehabilitated buildings, which are constructed and rehabilitated by individuals, economic entities and organizations, may be owned by them, but the water resources are public use. 32.7. The centralized water supply, sewerage and water supply for the water resources of the population shall be owned by the state-owned or state-owned enterprises. The decision to construct, renovate and repair the irrigation system shall be made by the State Administrative Central Organization in charge of food and agriculture on the basis of environmental impact assessments, conclusions of the basin administration, and proposals of Aimags and the capital city governors. Owners and possessors of water facilities shall provide water at the request of citizens, business entities and organizations on contractual basis. 32.10. Any water facility shall have a passport. CHAPTER SIX TO CHARGE WITH RESPONSIBILITY Article 33. Sanctions for Violation of Law 33.1. The action of an official in breach of this Law shall be imposed by the Law on Public Service if it does not contain a criminal offense. The person or legal entity that violates this law shall be liable to impose sanctions specified in the Criminal Code or Violation. / This article was amended by Law of December 4, 2015 / CHAIRMAN OF THE STATE GREAT HURAL OF MONGOLIA D..DAMBELLE 1 The Constitution of Mongolia – published in issue # 1 of the “State Bulletin” of 1992. 2 Law on Environmental Protection – published in the “State Bulletin”, No. 5-6, 1995. https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/Nemelt/2015/15-ne-365.doc&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhhMymLTIu9XVi9l8tfBBgrcgY1lZw https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/law/details/8683&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhjA59sdwv57c3HnKLfoxLeUVaqfrA# ftnref1 https://translate.googleusercontent.com/translate c?depth=1&hl=en&prev=search&rurl=translate.google.mn&sl=mn&sp=nmt4&u=http://www.legalinfo.mn/law/details/8683&xid=25657,15700023,15700105,15700124,15700149,15700168,15700201&usg=ALkJrhjA59sdwv57c3HnKLfoxLeUVaqfrA# ftnref2