Part I

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Draft Black Sea Regional Transmission Project ESIA Table 3-1. Environmental Laws and Regulations in Georgia (as of March 2008) Year Law / Regulation 1997 Law on Wildlife (amend. 2001, 2003, 2004) 1997 Law on Tourism and Recreation 1997 Law on Water (amend.2003, 2004, 2005, 2006) 1997 Law on State Ecological Expertise 1998 Law on Sanitary Protection Zones and Resort Areas 1998 Law on Regulation of Forest Use 1998 Law on Hazardous Chemicals (amend. 2006,2007) 1998 Law on Pesticides and Agrochemicals 1998 Law on Establishment and Management of Kolkheti Protected Areas 1999 Law on State Complex Expertise and Approval of Construction Projects 1999 Law on Protection of Ambient Air (amend. 2000, 2007) 1999 Forest Code 1999 Law on Protection of Cultural Heritage (amend.2006) 1999 Law on Compensation of Damage from Hazardous Substances (amend 2002, 2003) 1999 Law on Licensing Design-Construction Activities 2000 National Environmental Action Plan of Georgia 2000 Law on Regulating and Engineering Protection of Coastline and River Banks 2000 Law on Special Protection of Vegetation in the Boundaries of Tbilisi and the Forest Fund (amended 2005, 2007) 2000 Law on Melioration of Lands 2001 Law on Expanding Borjomi-Kharagauli Natural Park Area 2002 Law on Environmental Impact Assessment 2003 Law on Red List and Red Book of Georgia (amend.2006) 2003 Law on Establishment and Management of Tusheti, Batsara-Babaneuri, Lagodekhi and Vashlovani Protected Areas 2003 Law on Soil Conservation and Improvement of Fertility 2005 Law on Licences and Permits 2005 Law on State Control of Nature Protection 2006 Law on Biological Reproduction 2006 Law on Mtirala National Park 2006 Law on Protection of New Species of Plants 2007 Law on Tbilisi National Park 2007 Law on Status of Protected Areas 2007 Law on Ecological Examination 2007 Law on Service of Environmental Protection 2007 Law on Environmental Impact Permit 2007 Law on Establishment and Management of Borjomi-Kharagauli National Park 26
Draft Black Sea Regional Transmission Project ESIA Table 3-1. Environmental Laws and Regulations in Georgia (as of March 2008) Year Law / Regulation 2008 Ministry of Environment Protection and Natural Resources Order 96 On Approval of Regulation of Protected Areas Agency 2008 Ministry of Environment Protection and Natural Resources Order 97 On approval of Typical Regulation of the Territorial Administration of the Protected Areas Agency Environmental considerations for the Black Sea Regional Transmission project will primarily be guided by the following key laws: Law of Georgia on Protection of Environment (enacted 1996, amended 2000, 2003, 2007). This law regulates the legal relationship between the bodies of the state authority and the physical persons or legal entities (without distinction-legal form) in the scope of environmental protection and in the use of nature on all Georgia’s territory, including its territorial waters, airspace, continental shelf and special economic zone. The law deals with education and scientific research in the scope of environment, environmental management aspects, economic mechanisms, licensing, standards, EIA, and related issues. The law considers different aspects on protection of ecosystems, protected areas, issues of global and regional management, protection of ozone layer, biodiversity, protection of the Black Sea and international cooperation aspects. Law of Georgia on Environmental Impact Permit (adopted October 15, 1996, replaced by the law adopted in 2007). The law gives a complete list of activities subject to obligatory ecological examination. The law sets the legal basis for issuance of an environmental permit, implementation of ecological examination, as well as public awareness and public participation in these processes. In this law, an Environmental Impact Permit is defined as perpetual authorization for implementation of the planned development. A permit is issued by the Ministry of Environment Protection and Natural Resources after review and evaluation of the documents and application presented by developer, which would include review of this ESIA. Law of Georgia on Ecological Examination (adopted on October 18, 1996, replaced by the law adopted in 2007). This law makes ecological assessment an obligatory step in the impact permit or permit issuance process. The objective of an ecological assessment is to preserve an ecological balance with consideration of environmental requirements, sound use of natural resources, and sustainable development principles. A positive conclusion of the ecological assessment is mandatory to obtain an environmental permit. Ecological assessments are the responsibility of the Ministry of Environment Protection and Natural Resources. Law of Georgia on Licenses and Permits (adopted 23 June, 2005) and subordinate legislation. The law regulates the issuance of licenses or permits, gives an exhaustive list of licenses and permits, and sets the rules for issuing, amending, and cancelling permits. The law defines three new principles for issuance of the license: - “One-window” principle (“one-shop stop”) – this was a new concept established by this law and means that the administrative body issuing the license must ensure the approval of additional licensing conditions by the other administrative bodies. - “Silence gives consent” – the administrative body issuing the license is obliged to make a decision in due term after the submission of the application. 27
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