REPUBLIC OF BULGARIA NATIONAL ASSEMBLY NATURE PROTECTION ACT

republic of bulgaria national assembly ==================== nature protection act --------------------- promulgated state gazette

REPUBLIC OF BULGARIA
NATIONAL ASSEMBLY
====================
NATURE PROTECTION ACT
---------------------
Promulgated State Gazette No. 47/16.06.1967
Amended SG No. 3/1977; 39/1978; 28/1982; 26/1988 & 86/1991.
I. General Provisions
Article 1
(Repealed SG No. 86/1991).
II. Subject of Protection
Article 2
(Amended SG No. 26/1988)
The land, water, internal sea included, the territorial sea and the
exclusive economic zone of the country, the air, ores and minerals,
coastal sands, natural vegetation and fauna, natural environment,
characteristic landscape and the remarkable natural spots are subject
to protection, regulated use and improvement.
Plans and projects for territorial development, as well as for
construction, exploitation and other activities, shall be made and
approved observing the requirement not to admit destroying,
destruction, pollution and deformation of nature.
Ministries, departments, people's councils, enterprises and
organizations, upon carrying out these activities, shall co-ordinate
the interests of the individual sectors with the expedient use of
natural resources and with the permanent interests of the national
economy, and shall each year plan the necessary funds for the
prevention and removal of the caused damage.
The manner, the procedure and time periods for removal of the damages
shall be determined by a regulation to implement this Act.
Article 3
All agricultural lands serving as basic means of production in
agriculture are subject to protection.
The users of agricultural lands are obliged to systematically carry
out agrotechnical, biological, meliorative and anti-erosion activities
for the protection of the soil and its fertility.
In using agricultural and other land, vegetation, water and other
natural resources, no acts are allowed which might cause erosion or
another kind of deterioration of the state of the soil.
The use for agricultural and other purposes of land, the operation of
which might cause sliding or falling through of land strata or other
processes which would endanger valuable economic facilities or would
create a risk for human health is hereby prohibited.
Article 4
(Amended SG No. 26/1988)
Surface and ground water sources are subject to protection and should
be used in a way not to be exhausted and not to be polluted.
All enterprises and organizations, the activity of which influences
the water supply of the country are obliged:
to carry out meliorative, agrotechnical, forest-meliorative and
sanitary and technical measures on the land used by them aiming to
improve the water sources regime, to assist the restriction of the
harm caused by water to these areas or to prevent from floods, swamps,
saltings, forming torrents, gullies etc.
to use sparingly the water sources and not to allow their
nonproductive consumption;
in the process of construction of hydrotechnical facilities to take
measures for the protection and normal development of fish reserves in
these water reservoirs.
Article 5
Enterprises and organizations whose activity influences the
atmospheric air purity are obliged not to allow its pollution above
the determined sanitary norms.
Article 6
In the prospecting for, development and exploitation of ores and
minerals the corresponding departments and organizations are obliged
to take measures for the maximum preservation of the natural
environment and for the rational mining of these resources.
Article 7
Forests, in view of their water preserving, water regulating,
protective, climatic, health and cultural and aesthetic importance are
subject to preservation and regulated use.
All clear cuts must be afforested at latest a year after the clear
cutting is over.
Measures of forest economy should be taken leading to the forests'
fast recovery, fire protection, protection from damage, pests, illegal
cuts and excessive pasture.
Article 8
The green zones and forest plantations near cities, resorts, water
supply zones, beaches, roads and railroads and mineral water are
subject to special protection because of their health, protective and
cultural and aesthetic importance.
The procedure and extent of forest use in sanitary-protective areas
and water catchment areas for drinking water supply, mineral waters
and curative mud, of forests for resorts and green zones shall be
determined by a regulation, approved by the Council of Ministers.
Article 9
The rest of the natural vegetation is also subject to preservation and
reasonable use. According to the requirements of the place of growth
of the separate vegetation species and complexes and according to the
state of the soil the respective authorities shall carry out the
necessary activities for their protection.
Collection of medicinal herbs, forest fruits, mushrooms, seeds etc.
shall not be allowed in quantities and in a manner leading to their
extinction or hampering their reproduction. Separate species of
valuable medicinal herbs, forest fruits and other plant spieces are
set under special regime of preservation and cultivation.
Picking of wild flowers on sites for hiking and tourism and in resorts
is forbidden.
Article 10
The natural landscape, typical of separate regions or remarkable for
its special beauty or representing a characteristic environment is
subject to protection and preservation.
In the processes of planning, designing and construction measures
shall be provided for the maximum preservation of landscape and site's
beauty and for harmonizing the construction with the environment.
The Committee for Territorial and Urban Development shall be
responsible for the preservation of landscapes and sites in the
process of construction by taking measures of a protective and
restorative nature.
Article 11
Wild animals - mammals, birds, fish, reptiles, amphibians etc. are
subject to preservation and sensible use. When some species of wild
animals cause damage to the national economy or represent a threat to
people, their number shall be regulated to a quantity safe for the
national economy and the people.
New species of wild animals may be introduced in the country's fauna
only after the approval of the Bulgarian Academy of Sciences.
Article 12
Planning authorities, departments, enterprises and organizations are
obliged in the process of elaboration of the economic plans, as well
as during planning, design and performance of construction:
not to allow disturbance of environmental harmony and cause of damages
to some natural resources in the process of exploitation of others;
when using natural resources such as land, forests, water, animals,
plants etc. to take measures and plan financial funds to restore and
increase them;
not to allow the decrease of the area of forests, agricultural lands,
meadows and water reservoirs if on the taken areas more valuable
cultures are not created;
to plan measures and funds for the preservation and restoration of the
environment.
Article 13
For the management, use and preservation of the separate types of
natural resources - land, water, forests, game etc., the respective
special acts shall apply as well.
III. Protected Natural Sites
Article 14
Natural sites which have a special scientific, historical or cultural
importance, a specific natural beauty or serve as places for
recreation and tourism shall be declared protected.
Article 15
Protected natural sites shall be: reservations, peoples' parks,
natural landmarks, sites of characteristic landscape, historic sites
and valuable species of animals and plants.
Article 16
Natural sites or recesses with remarkable or scientifically valuable
vegetation or animal communities, or communities endangered with
decrease or extinction, as well as those sites the form of the terrain
of which has a permanent importance for science and the national
economy and should be preserved in their natural state, shall be
declared reservations.
Any actions which might destroy the original character of nature in
the reservations are forbidden.
Article 17
Individual sites in the country which are remarkable for great
diversity and natural beauty and have great scientific, cultural and
recreational importance and are suitable for use as sites for
recreation and tourism shall be declared people's parks.
Some other protected natural sites, for which a specific legislative
regime applies, may be included in the borders of the peoples' parks
as well.
Article 18
Natural sites with geological, paleonthological, botanical or other
character, which irrespective of the area they are situated in have
their scientific, cultural, historic or aesthetic value shall be
declared natural landmarks.
Article 19
Natural sites of characteristic landscape - defiles, gorges etc. which
can be used as places for tourism and recreation shall be declared
protected sites.
Article 20
Areas or parts of them outside towns and villages, in which historic
events have taken place, ancient settlements have been discovered,
monuments have been erected etc. shall be declared historic sites.
Article 21
Individual species of wild animals and plants endangered with
extinction or extermination or which need to be preserved for
scientific or economic reasons shall be placed under protection as
well.
Article 22
Natural sites shall be declared protected by a order of the Minister
of Environment after coordination with the interested agencies. Such
orders shall be announced to the population and promulgated in the
State Gazette. The borders of the protected natural sites shall be
determined and marked on the terrain by clearly visible and permanent
signs.
Article 23
Proposals for declaring certain natural sites protected may be made by
institutions, enterprises, organizations and citizen.
Article 24
Management, restoration and preservation of the protected natural
sites shall be done in accordance with the provisions of this Act and
the Regulation to implement it under the general supervision and
control of the Ministry of Environment.
In the process of finding and studying the natural sites which belong
to individual citizens or are operated by institutions, enterprises or
organizations, until they are declared protected, the Ministry of
Environment may temporarily restrict their use by informing of this
the respective owners, state or public organizations. During the
restriction period each unwarranted action within the limits of the
natural sites such as clear cut, grazing, development, destruction,
picking etc. shall be considered damage to protected sites.
Article 25
The declaring of natural sites protected shall not change the
ownership and possession, but shall only put their operation, use and
preservation under the provisions of this Act.
The protected natural sites: reservations, people's parks, natural
landmarks, protected sites and historic sites shall be graded as sites
of international, national or local importance and shall be written
down in the State Registers.
Article 26
Institutions, enterprises, organizations and citizens who own
protected natural sites or parts of them shall preserve them and upon
request present to the natural protection authorities the necessary
information concerning them.
Article 27
Construction in protected natural sites shall be carried out after the
written consent of the Ministry of Environment irrespective of the
permissions which under the provisions of other laws should be given
by other agencies.
IV. Organization of Nature Protection
Articles 28 - 34
(Repealed - SG No. 86/1991).
V. Penal Provisions
Article 35
(Repealed - SG No. 28/1982).
Article 36
(Repealed - SG No. 28/1982).
Article 37
Persons guilty of violation of Article 2, paragraph 2, Article 3,
paragraph 3, Article 4, paragraph 2, Article 9, paragraphs 2 and 3,
Article 10, paragraph 2 and Article 12 shall be liable to a fine up to
200 Leva and if the violation is made, ordered or allowed by an
official - the fine shall be from 50 to 300 Leva.
Article 38
Penalties under the preceding articles shall be imposed if for the
committed action another heavier penalty is not provided for under
another act.
Article 39
(Supplemented - SG No. 3/1977)
Violations shall be established by an official statement of the bodies
of the Ministry of Agriculture and Forests, the Ministry of
Environment and People's Councils, as well as other competent
ministries and departments.
Participants in the volunteer groups of environmentalists shall sign
the statements for the violations established by them.
For violations for which only fine is stipulated as penalty, on the
basis of the written statements the Minister of Agriculture and
Forests, the Minister of Environment and the chairmen of the executive
committees at the Municipal People's Councils or officials appointed
by them shall issue penal decrees.
The penal decree shall also stipulate the confiscation of the acquired
objects and shall determine a compensation for the damages caused the
size of which shall be established by the order provided for in the
Regulation to implement this act.
When the deed bears the elements of a crime the statements shall be
sent to the prosecutor's office.
Article 40
Statements shall be written and penal decrees shall be issued and
appealed under the procedure of Administrative Violations and
Sanctions Act (SG No. 92 of 1969).
Penal decrees under which a fine of 20 Leva or less is imposed are not
subject to appeal.
Article 41
The provisions of Articles 36, 39, 40 and 48 of the Penal Code shall
not apply to violations for which only a fine is provided under this
Act. Penalties shall be imposed for these violations even when they
are due to negligence.
Article 42
Persons guilty of polluting roadside, hiking or other natural sites -
glades, lakes, springs, streams etc. shall be liable to a fine up to 5
Leva. The penalty shall be imposed by state authorities responsible
for the protection of nature and the fine shall be collected by them
after issuing the respective document.
Regulation to implement this Act approved by the Council of Ministers
shall be issued.
Hereby repeals the Decree on Native Nature Protection.
The implementation of this Act shall be assigned to the Minister of
Agriculture and Forests and to the Minister of Environment.