Decree of the President of the Republic of Kyrghyzstan On Local and Republic Nature Conservation Funds in the Republic of Kyrghyzstan

Decree of the President of the Republic of Kyrghyzstan On Local and Republic Nature Conservation Funds in the Republic of Kyrghyzstan In accordance with Articles 6,11,13 and 14 of the Law of the Republic of Kyrghyzstan on Nature Conservation and with the object of providing financing of actions on nature Conservation, reproduction of natural resources, rehabilitation of losses in nature, liquidation of accidential and disastrouse after-affects and compensation of damages, I hereby state: 1. To set up Local and Republican Nature Conservation Funds in the Republic of Kyrghyzstan. 2. To approve the enclosed Regulations on Local and Republican Nature Conservation Funds in the Republic of Kyrghyzstan. 3. The State Committe of the Republic of Kyrghyzstan on Nature Protection, heads of local administration shall ensure the establishment of Local and Republican Nature Conservation Funds within a month. 4. To approve the enclosed Procedure of collection of payment for disposal and dumping of pollutants and placement of wastes in the Republic. 5. The State Committe of the Republic of Kyrghyzstan on Nature Protection, heads of local administration and Bishkek City State Administration shall ensure the application of the Procedure above. 6. To determine that payment for disposal and dumping of pollutants and placement of wastes for 1991 shall be collected in accordance with the decrees and resolutions adopted by oblast and Bishkek City Council of People’s Deputies. President of the Republic of Kyrghyzstan A. Akaev Bishkek 21 July 1992 No UP - 239 Approved by the Decree of the President of the Republic of Kyrghyzstan of July 21, #239 REGULATIONS ON ESTABLISHMENT AND USE OF LOCAL AND REPUBLIC NATURE CONSERVATION FUNDS OF THE REPUBLIC OF KYRGHYZSTAN 1. Local and Republic Nature Conservation Funds are established in oblast, Bishkek City Committees and other bodies of nature Conservation and State Committee of Nature Conservation of the Republic of Kyrghyzstan (hereinafter referred to as State Committee - Goskompriroda) by opening of special accounts in corresponding bank establishments. 2. Local Nature Conservation Funds are established at the expence of receipts (including in foreign currency) coming from associations, enterprises, organisations, establishments and other business entities (hereinafter referred to as nature users) regardless of their ownership and forms of business running by way of: payment for permissable (limited) disposal, damping of pollutants and placement of wastes in nature; payment for excess of permissable (limited) disposal, damping of pollutants and non-authorised placement of wastes in nature; penalty fees for accidential and volley damping of pollutants into environment; payment for irrational and non-complex use (losses) of natural resources and raw materials received out of them;1 fees for administrative infringements; fees imposed on officials and individuals guilty in violation of nature Conservation legislation; funds from sale of confiscated instruments of extraction (procurement, processing) of natural resources and illegally extracted (procured, processed) natural resources or their products; voluntary fees of nature users and other legal and physical entities; purpose means of nature users for financing of nature Conservation operations; income from cash and cloth lotteries; other sources. Resources of Local Nature Conservation Funds are used for: share holding in development and implementation of regional and Republic Nature Conservation Programmes; 1Payment in foreign currency is in proportion to its share in authorised capital; construction, technical re-equipment, reconstruction and heavy repair of nature Conservation objects of territorial importance and individual nature users; recearch, survey, desigh, experimental and design works in designing of new types of nature Conservation machinery, technologies, tools and eqipment, automotized monitoring systems and other works in evaluation of situation and assuarance of nature Conservation; measures preventing and compensating negative social and economic consequances of infringement of nature Conservation legislation on the territory of the region (planting, fight with noise, etc.); operations on conservation and restoration of small rivers; works on development of network of particular protected natural territories (objects) and reservation of natural monuments; expences on improvement of material and technical basis and other expences of local and other nature Conservation bodies connected with nature Conservation activity as well as training and re-training of staff for these bodies; propaganda of environment knowledge, cunducting of competitions, seminars, conferences and meetings on nature Conservation. In some cases means of Local Conservation Funds can be directed to: share financing of establishment of state enterprises specialised in use of production wastes generated on the territory of the region; partial or full repayment of bank credits received by nature users for big and capital-untensive measures of nature Conservation character (construction of sewage objects, introduction of wasteless technologies, etc.); Resources of the Funds can be earmarked for these needs provided that adequate quality of operations and their timely fulfillment are guaranted; construction of health care objects aimed at health rehabilitation of citizens with diseases resulted from environment pollution; Up to 5% of local nature Conservation funds can be used for awarding a bonus and incentives to production working collective bodies (regardless of their agency subordination) and individual workers who gained good results in nature Conservation and resource-saving activity as well as workers of local and other nature Conservation bodies and public inspectors. Receipts of local nature Conservation funds are used in accordance with annual plans (estimates) developed by local nature Conservation funds and approved by the State Committee - Goskompriroda of the Republic of Kyrghyzstan. Not more then 5% of local nature reservation funds can be reserved as an insurance stock for liquidation of sequels of unexpected natural processes and events as well as accidents causing damage of natural environment. Resources of local nature Conservation funds are used just for designated purposes. The State Committe-Goskompriroda and bank establishment concerned are charged with the control over their use. 3. The Republic Nature Conservation Fund is formed at the expence of 15% deductions from the resources (including those in foreign currency) of the local nature reservation funds. Resources of the Republic Nature Reservation Fund are earmarked for: rehabilitation works in natural objects (small rivers, lakes, etc,) destroyed by economic activity, protection and reproduction of flora and fauna; arrangement of particular protected natural territories (objects) and their organisation; share participation in development and implementation of Republic Complex Nature Conservation Programmes; development of environment legislative and normative system; expences on state and public environment expertize; organisation and performance of monitoring and environment information system; propaganda of environment knowledge; expences on improvement of material and technical basis and other expences connected with nature Conservation activity of the State Committee-Goskompriroda and its local bodies; training and re-training of staff for the State Committee Goskompriroda of the Republic of Kyrghyzstan; awarding a bonus and incentives to production working collective bodies (regardless of their agency subordination) and individual workers who gained good country-scale results as well as workers of Goskompriroda and public inspectors. In some cases resources of the Republic Nature Conservation Fund can be used (on share-holding basis) for: recearch and experimental and design and survey works (including licences) in development of resources and nature Conservation types of machinery and technologies; establishment of interbranch enterprises specialised in use of wastes of production and consumption; purchase of equipment for construction of refuse processing and incenirating enterprises including purchase abroad; stocking of local nature Conservation funds (when they lack funds), performance of actions in rayons with the most difficult environment situation. With the object of laying in the supply of reserve resources allocated for primary prevention and liquidation of sequels of natural processes and events on the territory of the Republic, part of resources of the Republic Nature Conservation Fund can be reserved. The basis for calculation of the amount of reserve fund can be the forecast estimation of possible extremal natural processes and events characteristic for the territory of the Republic and required expenses on prevention and identification of possible sequels. Resources of the Republic Nature Conservation Fund are used in accordance with the estimated costs for a planning year developed by the State Committee Goskompriroda of the Republic of Kyrghyzstan and approved by the Government of the Republic of Kyrghyzstan. 4. Resources of the Republic Nature Conservation Fund can be earmarked for the designated purpose - financing of inter-state nature Conservation actions. 5. Non-used, in a current year, resources of local and Republic Nature Conservation Funds are subject to carryin forward to the next year and using in accordance with these Regulations and can not be withdrawn. 6. Data on use of local nature Conservation funds shall be provided by local nature Conservation bodies of Goskompriroda of the Republic of Kyrghyzstan with the enclosed accounting report. Summary data on use of Local and Republic Funds shall be considered at a collegium of Goskompriroda of the Republic and forwarded to the Government of the Republic of Kyrghyzstan.