Environmental Protection Law of Mongolia
From Mongol Studies Online Reference
On June 5, 1995, Mongolia passed the Environmental Law of Mongolia, a 36-article legistlation on environmental protection in Mongolia. The first article reads: "The purpose of this law is to regulate relations between the State, citizens, business entities and organisations in order to guarantee the human right to live in a healthy and safe environment, an ecologically balanced social and economic development, the protection of the environment for present and future generations, the proper use of natural resources and the restoration of available resources." The law was subsequently updated in 1998.
Very precise definitions of each important term are provided (ex. "environment", "water", "plants", "animals"). The law alludes to further explanation on environmental protection laws in Mongolia in the constitution. The law states that international treaties inconsistent with environmental law prevail, but that, otherwise, land, minerals, water, plants, animals, and air fully protected.
Under the law, Mongolian citizens are entitled to:
- Compensation for property or health damage
- Legal action against entity responsible for health or personal property damage
- Start environmental NGOs
- Obtain information concerning the environment
- Require authority intervention and restriction if can prove harm is being caused to environment
Under the law, Mongolian citizens are under obligation to:
- Obey terms in all articles
- Educate their young about ecology
- Compensate for whatever damage they cause to the environment
Further, the law states that the Mongolian Government owns Mongolia's environment by default, but that individuals can own environmental entities. Anyone who pays accordingly can "use" resources.
The law also dictates how to set up and run a business in an environmentally friendly way. Citizens, business entities, and organizations are required to carry out their own assessments regarding natural resource depletion and environmental impact. In order to carry out said assessments, authorization is required. To warrant authorization, the citizen, business entity, or organization must have access to adequate staff, equipment, process, and databanks.
In order to be lawfully recognized, assessments must satisfactorily provide quantitative, qualitative, and financial valuations of the environmental impact of all ventures, including how many renewable resources will be used. Plans must be outlined for measures of protection, proper use, and restoration of said renewable resources. All information must be added to the State Environmental Information Databank, a geographically organized list of resources and terms of individual assessments. The valuation of resources to be tapped and depleted is a joint decision by the Mongolian Government and the entity undergoing the assessment. Said valuation takes into account both the commercial value and ecological value of the resources. The agreed upon value determines the resulting tax and amount of compensation in case of breaching damage.
Monitoring how citizens, business entities, and organizations uphold the terms of the policy and specifics of individual assessments is the job of the Mongolian government, and the institution concerning that matter is called the Monitoring Network [1].
[edit] references
- ↑ Environmental Protection Law of Mongolia. Ulaanbaatar, March 30 1995. Amended 1998. Accessed July 2008.
