Changes in legislation

The Miory District Inspectorate of Natural Resources and Environmental Protection draws attention to changes in environmental protection legislation.

From January 23, 2024, a new version of the Law of the Republic of Belarus "On the Protection of Atmospheric Air" comes into force.

Thus, according to Article 19 of the new version of the Law, legal entities and individual entrepreneurs are obliged to obtain a permit for emissions of pollutants into the atmospheric air or a comprehensive environmental permit in case of operation of stationary emission sources, if according to the emission inventory act, the total gross emissions from all facilities exceed 3 tons per year or emissions of pollutants of hazard class 1 exceed 10 kilograms per year (previously, the sum of emissions was not taken into account, and consequently, it was possible not to obtain a permit for emissions of pollutants into the atmospheric air).

Also, a permit is obtained when carrying out commissioning works, acceptance of impact facilities into operation, during the production (generation) of energy using waste of hazard classes 1-3 and (or) neutralization of waste at facilities impacting atmospheric air.

Exceptions are cases where facilities impacting atmospheric air are not included in the list of impact facilities for which standards of permissible emissions of pollutants into the atmospheric air are established by the Ministry of Natural Resources and Environmental Protection.

Legal entities and individual entrepreneurs must obtain a permit for emissions of pollutants into the atmospheric air within 6 months from the date the new version of the Law comes into force.

Also, on December 29, 2023, Law of the Republic of Belarus No. 332-Z "On Amendments to the Law of the Republic of Belarus 'On the Protection of the Ozone Layer'" was signed.

This regulatory legal act amends the Law of the Republic of Belarus of November 12, 2001 No. 56-Z "On the Protection of the Ozone Layer" in order to bring its provisions into compliance with the amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, international treaties of the Republic of Belarus, and the law of the EAEU.

According to the adopted Law, the conceptual framework is improved, new terms and their definitions are introduced ("hydrofluorocarbons", "global warming potential", "recovery of ozone-depleting substances"), and the terms "ozone-depleting substances", "destruction of ozone-depleting substances", "protection of the ozone layer" are clarified.

The legislative act establishes obligations for business entities to reduce the use of hydrofluorocarbons, equipment and technical devices containing them, including the introduction of ozone-safe technologies, as well as processes for recovery, restoration, recycling, and destruction of ozone-depleting substances in order to reduce their consumption, and to keep records of hydrofluorocarbons. It is provided that the restoration of ozone-depleting substances by legal entities and individual entrepreneurs must be carried out using special equipment that meets the requirements of the Montreal Protocol.

A ban is established on the design and construction of facilities, the introduction of equipment and technical devices involving the use of ozone-depleting substances, with the exception of hydrofluorocarbons.

The main provisions of Law No. 332-Z enter into force six months after its official publication.

In addition, the Law of the Republic of Belarus of December 29, 2023 No. 333-Z "On Amendments to the Law of the Republic of Belarus 'On Waste Management'" has been published on the National Legal Internet Portal of the Republic of Belarus.

This regulatory legal act sets out in a new edition the Law of the Republic of Belarus of July 20, 2007 No. 271-Z "On Waste Management", in accordance with which, taking into account the practice of application, a number of amendments to the legislation on waste management are provided.

According to the new version of the Law, the terminology in the field of waste management has been amended, the basic principles of waste management have been clarified, and the main directions of the unified state policy in this area have been introduced in order of priority:

prevention of waste generation;

reduction of waste generation volumes;

waste recycling;

use of waste for energy production (generation);

use of waste for performing work (providing services);

waste neutralization.

To eliminate unjustified intermediation in waste management and prevent their entry into the environment, the new version of the Law clarifies the scope of subjects and objects to whom waste can be alienated and for what purposes. The new version of the Law also provides for norms related to the acquisition of ownership of consumer waste and secondary material resources obtained from the demolition of facilities and having value.

The norms concerning "ownerless" waste have been amended. The new version of the Law defines that waste identified on land plots is considered the property of the land users of these plots, who are obliged to ensure its collection and removal, as well as take other measures to prevent its harmful impact on the environment, human health, and property. In case of identification of waste producers who have placed waste on land plots not belonging to them, the said producers shall carry out the collection and removal of this waste, as well as take other measures to prevent its harmful impact on the environment, human health, and property, or reimburse the cost of such work to the said land users.

The new version of the Law has revised a number of new requirements for carrying out activities for the use, neutralization, disposal, and storage of waste, including the placement, construction, operation, decommissioning, and/or demolition of facilities where such activities are carried out.

To systematize and ensure the safe handling of medical waste and waste generated during the performance of tasks to ensure national security and defense, the new version of the Law grants powers to the Ministry of Health, together with the Ministry of Natural Resources and Environmental Protection, to establish the procedure for handling medical waste, and to the Ministry of Defense, in agreement with the Ministry of Natural Resources and Environmental Protection, the procedure for neutralizing waste generated during the performance of tasks to ensure national security and defense.

The new version of the Law enshrines the powers of the President of the Republic of Belarus to exercise state regulation in the field of handling ferrous and non-ferrous metal scrap and waste, and also clarifies the legal regulation of relations in the field of handling such waste.

The main provisions of Law No. 333-Z come into force nine months after its official publication.