Law No. 50 on the Protection of the environment
The President of the Republic,.
Pursuant to the constitution provisions,
What has been approved by the People's Assembly in
its session held on 16/4/1423H
and 26 June 2002
Promulgates the following:
Chapter One
Definitions
Article 1:
The following terms, in field of this law application, shall bear the
meanings shown against each of them:
- Council: Environment Protection Council.
- Minister: State Minister For Environment Affairs.
- Authority: Public Authority for Environment Affairs.
- Environment: The surrounding in which creatures whether human beings,
animals or plants live and covers water, air and ground and whatever affects
those surroundings.
- Environment Pollution: Every or any quantitative or qualitative change by
act of pollutants in the physical, chemical or biological featLtrcs of an
element or more in the environment elements that results into damage that
threatens health of the human being, his life and creatures or the health or
safety of natural resources.
- Environment Protection: A set of regulations and measures that guarantee
continuous environment balance and its growth integration, preserve a sound
environment fit for enjoying life and benefiting from resources and properties
in a perfect way.
Chapter Two
Objectives Tasks
Article 2:
The Public Authority for Environment Affairs established by legislative
decree No.l1 for 1991 shall be subjected to the provisions shown in this law.
Article 3:
The Authority shall enjoy the jurisdiction personality, financial and
administrative independence and shall be reporting to the Minister.
Article 4:
The Authority aims at setting the basic rules of environment safety and its
protection from pollution, and it shall undertake, for this purpose, the
following tasks in cooperation and coordination with the competent public
bodies:
- To reckon the outstanding environmental problems, participate in the
scientific researches and studies necessary to manage them and seek to limit
the rising of other environmental problems in future.
- Set the public policy for environment protection, prepare the national
strategy necessary thereto and develop it and set the plans and programs to
carry it out within the framework of the state public policy.
- Develop the environmental public awareness through various means to
introduce the importance of preserving environment, its safety and sound
environmental resources.
- Gauge environment elements and follow up on them through the laboratories
accredited by the Council. Method of laboratories assessment and accreditation
shall be determined.
- Prepare the specifications and standard criteria for environment elements
and set principles and measures necessary to assess the environmental effect.
- Conduct researches and studies relevant to environmental affairs, support
them and assess the risks resulting from the use of various materials that
threaten environment safety.
- Monitor activities of environmental effect at the public and private
bodies to verify the extent of abiding by the standard environmental
specifications and accredited criteria.
- Set the instructions, terms and environmental specifications necessary for
the agricultural, commercial, industrial, housing, developmental and other
projects and the set-vices related thereto to abide thereby and accredit them
as a part of the prior terms for the licensing of any of them or the renewal
of their licenses.
- Set the principles of handling harmful and dangerous items on environment,
classifying, storing, transporting, damaging and disposing of them, determine
the items banned from entry into the Syrian Arab Republic pursuant to a system
issued under the provisions of this law.
- Set the principles for the initiation of natural protégés, national parks
and their terms and supervise them in light of their facts and features.
- Work on establishing environmental surveillance networks and operating
them.
- Prepare an environmental databank, organize it and follow up on its
development.
- Prepare environmental emergency plans.
- Issue printed materials relevant to environment.
- Prepare, legislations, regulations and studies that guarantee maintaining
environment of all various elements and manner of its development.
- Study reasons of soil erosion and desertification and propose appropriate
solutions thereto,
- Take necessary measures to ban the entry of any wastes to the Syrian Arab
Republic or their dumping in it.
- Set the instructions to classify waste, determine degree of its risks and
mechanism of its treatment.
Article 5:
The Authority shall work on cementing the relations of the Syrian Arab
republic with the countries, authorities and regional and international
organizations in matters, affairs and agreements related to the preservation of
environment.
Chapter Three
Authority Formation and Management
Article 6:
The Authority shall be managed by a board of directors and a general manager.
Article 7:
The board of directors shall consist of :
- The Minister-Chairman.
- Authority general manager- member & vice-chairman
- Managers of the authority central department- Members.
- Head of Authority Syndicate Committee- Member.
Article 8:
The board of directors shall exercise all works that lead to the achieving of
the Authority's objectives within the limits of laws and rules in force
particularly;
- Propose the regulations related to the Authority' and propose amending the
existing Ones.
- Propose the Authority's budget draft.
- Propose the distribution of the appropriations allocated to the budget and
its branches.
- Approve the bringing of Arab and foreign experts and contract therewith
according to the regulations in force
- Execute the public policy, regulations and policies that the council
issues or approves.
- Follow up on carrying out the tasks entrusted to the Authority as
stipulated in Article 4 and issue the deeds necessary to carry them out.
Article 9:
The general manager shall be named by a decree upon the proposal of the
Minister. He shall be a holder of a degree in environmental, engineering,
medical, chemical, economics or law sciences.
Article 10:
Authorities and tasks of the General Manager:
- The general manager shall directly supervise work progress in the
Authority. Issue instructions and administrative orders, follow up on the
board's decisions and represent the public authority before others and
jurisdiction.
- He shall conclude deals and exercise the authorities’ payment orders and
liquidity according to the provisions and laws of the financial systems of the
public authorities in force of administrative nature.
- By the, end of each year. He shall submit a general report on the
environmental situation in the Syrian Arab Republic.
- Propose the names of directorate managers and branches of the Authority.
The minister shall issue a decision recruiting each of them.
Article 11:
Financial resources of the Authority shall consist of:
- Appropriations allocated thereto in the State General Budget.
- Money of Environment protection & support fond.
- Any other revenues approved by the cabinet.
Chapter Four
The Minister/ His tasks
Article 12:
The Minister, in addition to the prerogatives granted to him under this law,
laws and regulations in force shall undertake the following prerogatives:
- Present drafts of public policies and plans relevant to environment
protection to the Council.
- Control the implementation of laws and regulations relevant to
environments
- Form technical consultative committees in agreement with the concerned
bodies and define its tasks.
- Form environmental subsidiary committees in agreement with the concerned
bodies and define their tasks.
- Supervise the technical, administrative and financial activity aspects of
the Authority and he shall have the right to issue the decisions, circulars
and instructions within the limits of observed laws.
Article 13:
The Minister shall be assisted in his work by;
- An administrative and technical apparatus.
- Non-full time consultative committee of known expertise representing the
public and private bodies interested in environmental affairs.
Article 14:
A special heading shall be created under the title "State Ministry for
Environment Affairs" in the expenses statement schedule attached to the State
General Budget.
Chapter Five
Environment Protection Council.. .Formation/ Tasks
Article 15:
Environment Protection Council shall be initiated and formed as follows:
- Deputy Premier for services affairs President
- State Minister for Environment Affairs Member
- Interior Minister Member
- Health Minister Member
- Finance Minister Member
- Minster of Agriculture & Agrarian reform Member
- Housing & Utilities Minister Member
- Electricity Minister Member
- Minister of Petroleum & Mineral Resources Member
- Minister of Local Administration Member
- Minister of Information Member
- Minister of Tourism Member
- Minister of Education Member
- Minister of Transportation Member
- Minister of Social Affairs and Labor Member
- State Minister /Acting for Technology Transfer & Technology Member
- Minister of Industry Member
- Minister of Irrigation Member
- Head of State Planning Authority Member
- Head of the General Union for Labor Syndicates Member
- Head of Women General Union Member
- Engineers Representative Member
- Head of Craftsmen Union Member
- President of Aleppo & Damascus chambers of industry
Members
- Authority's General Manager Reporter
This council shall replace The Higher Council For Environment Safety
stipulated in legislative decree No.ll for 1991.
Article 16:
- The council shall convene once every two months and whenever the need
calls for this upon an invitation of the president or his deputy in case of
his absence. The meeting shall be legal if attended by majority of members
provided that the president or his deputy one of them.
- The Council shall issue its decisions by majority of votes or unanimously.
In case of equal votes, the president shall have the casting vote.
- The Council shall have the right to invite experts, consultants or any
person to the meeting to be enlightened with their opinions on matters
presented thereto without their having the voting right.
Article 17:
The Council shall carry out the following tasks and prerogatives:
- Approve the public policy for environment protection, its national
strategy thereof, special plans and programs within the public policy of the
state,
- Decide on and approve the specification and standard criteria of
environment elements and pollution.
- Approve the regulation and terms that must be met in the industrial
installations and other activities that have harmful effects on the
environment or that lead to disorder in their balance.
- Take decisions prohibiting, suspending or imposing restrictions on
operating and installation or activity deemed to be causing harm to the
environment or disorder in its balance.
- Decide on and approve the instructions, decisions and executive charts
necessary to execute the provisions of this law and regulations issued
pursuant thereto.
- Approve the emergency plans to encounter the environmental crisis.
- Consider the matters related to the environment presented by the Minister
to the Council.
- Submit an annual report on the environmental situation to the cabinet.
Chapter Six
Environment Protection & Support Fund
Article 18:
- A bank account in the name of "Environment Protection and Support Fund"
shall be opened with the Central Bank of Syria in which all grants, donations
and money offered by the Arab and international organizations, authorities and
funds arc deposited in addition to the money allocated by the state to this
fund for the treatment of environmental damages and removal of their effects
in the Authority's annual budget.
- The Minister and the competent management accountant shall jointly effect
transactions of this account,
Article 19:
1. Resources of said account in article 18 shall be allocated for the
following purposes:
- Encountering natural crisis.
- Experimental and lead projects in field of natural resources protection
- and environment protection from pollution
- Transfer of technology for environment protection purposes.
- Financing of manufacturing samples of equipment, apparatuses and stations
treating environment pollutants.
- Establishing and operating of environment Monitoring networks.
- Construction of natural protected areas with the aim of preserving the
natural resources and wealth.
- Financing studies necessary to prepare the environmental programs,
assessment of the environment effects and set the rates and criteria that need
to be abided by to preserve the environment.
- Participation in the financing of environmental projects conducted by •the
administrative units and municipalities., to eliminate pollution.
- Other purposes that aim at environment protection and development.
2. Unexpended amounts by the end of the year shall be carried forward to the
next year.
Chapter Seven
Responsibility and Damage Compensation
Article 20:
- The expenses spent from the private account referred thereto shall be
liquidated and expended by payment and liquidation orders signed by the
Minister and competent accountant. Theses expenses shall be subject to the
control of The Central Body for Financial Control according to the rules and
regulation in force.
- Amounts of liquidity and payment orders shall be paid and action shall be
taken on the private account money by cheques or bank transfers signed jointly
by the Minister and the competent accountant.
Article 21:
- State Ministry for Environmental Affairs shall be given financial
authorizations by decisions issued by the Finance Minister in the amounts
deposited in the aforementioned account pursuant to the provisions of article
20 of the Accountancy System of public authorities of administrative nature
issued by decree No. 1811 of 26 August 1969. The amount included in the
financial authorization shall be considered an additional appropriation for
the Public Authority of Environment Affairs that expending takes place within
its limits for the purposes shown in article 19 of this law. Unutilized
amounts shall be carried forward to the next year by the end of the year.
- Expenses paid from said special account in article 18 shall be paid during
the fiscal year by a total payment order issued by the Minister and accountant
on basis of a total list calculated on the appropriates defined in the special
account and the amount of payment order shall be considered/Revenue and
Expenses.
Article 22:
Without prejudice to the laws relevant to the regional and international
waters pollution and the legal provisions related to water resources, the
Authority, in cooperation, coordination and participation with the competent
authorities, shall protect environment from pollution in relevance with the
sector related top water, air, soil and plant and animal creatures and maritime
environment.
Article 23:
- The Authority, in agreement with the Justice Minister, shall set a list in
the names of experts specialized in environment affairs of the Ministry Staff
or Authority Staff Assistance of experts specialized in environment affairs
from state staff who meet the conditions specified by the Minister may be
sought to give help in the entry of sites defined by the Authority by virtue
of task order issued by the Minister authorizing them of the inspection right
and request the support of police, upon need, to testify the violations
related to this law, criteria, specifications, terms and other environmental
regulations approved by the Council. Their reports shall have the capacity of
minutes organized by the Justice authorities after being attested by the
Minister, It is impermissible to enter into inhibited houses unless approved
by the public prosecutor-
- The Minister, in agreement with the Justice Minister, shall set a list in
the names of experts specialized in the environment affairs to give assistance
particularly in the legal expertise related to environment cases.
- The experts, prior to being listed in the table shall swear the following
oath before the head of Court of First Instance at the Center of the
governorate they reside in:
- I swear by the AL-Mighty Allah that I will carry out my task honestly
and Faithfully and I pledge to keep confidentiality of the information.
- Fees and remunerations of experts stated in paragraph /1/ shall be defined
according to the regulations in force.
Article 24:
The punishment of one hundred thousand to two million S.P. penalty shall be
imposed on the owner of the installation of industrial, economic, development,
tourist or service activity or the person in charge of its management if he gets
ready of the waste of any type inside the Syrian Arab Republic whether it is
solid, liquid or gaseous contrary to the provisions of this law. The punishment
shall be inflicted whether the disposal of these wastes has taken place through
drainage, throwing, dumping burning or any other from. In case of repetition,
the punishment shall be the imprisonment of one month at least in addition to
the penalty specified in this article.
Article 25:
- He who commits any violation proven according to provisions of
paragraph/I/, article 23 shall be punished by a penalty often thousand to one
million S.P. The punishment shall be doubled in case of repetition for the
second time, In case of repetition for the third time and more, the
imprisonment shall be from two months to two years in addition to the doubled
penalty.
- The court may order the closing of the shop, installation or establishment
violating the provisions covered under paragraph/1/ of article 23, obligate
the violator to remove the remnants within the period defined thereto and fine
him an amount not less than five thousand S.P. and not in excess often
thousand S.P. for each day he fails to remove them after the period defined
thereto.
Article 26:
- Clamor sources and the maximum limits thereof, manner of avoiding them or
minimizing them to the allowed limits environmentally shall be defined by
instructions issued by the Council,
- Whoever violates provisions of paragraph /1/ of this article and the
instructions issued pursuant thereto shall be subject to a punishment of a
penalty often thousand to fifty thousand S.P. and an imprisonment for a period
not exceeding one month or one of these two punishments.
Article 27:
- Owners of factories, installations, workshops and activities that release
environment polluting emissions shall have to fix apparatuses thereon to
prevent spread of these emissions and control solid particles prior to their
release from the factory, installation or workshop in the air to the extent
allowed under the instructions issued by the Council for this purpose.
- He who commits any of the violations covered under the provisions of
paragraph /1/ of this article and does not remove it within the period that
the Minister decides for him or for the person delegated thereby, the Minister
shall have the right to refer the violation to the court that has the right to
issue a verdict to close said sites and imprison the violator for a period not
in excess of one month and a penalty often thousand to fifty thousand S.P. and
obligate him to eliminate the violation within the period defined thereto and
fine him five to ten thousand S.P. for each day delay in the removal thereof.
- The punishment stipulated in paragraph /2/ of this article shall be
doubled in case of violation repetition for the second time and in case of its
repetition for the third time thereafter the verdict will be three times of
the punishment.
Article 28:
The Competent Court will look into the crimes subject to the provisions of
this law on urgent basis.
Article 29:
- He who causes damage to the environment or to creatures by his action or
action of others reporting to him or by the effect of things under his custody
whether intentionally, negligence, lack of care, cognizance or lack of
observance to the legislations and regulations shall be held responsible
before the Authority to indemnify same directly to the State Public Treasury
for the damage subject to the assessment of the Authority to restore the
situation to its previous status. Collection of said indemnity shall be
obligatory pursuant to Money Collection Law.
- The responsibility stipulated in paragraph /1/of this article is
presumptive.
Article 30:
He who participates or assists in the entry of nuclear or radiator wastes
into the Syrian Arab Republic shall be temporarily arrested for five years at
least and pay a penalty of three to ten million S.P. A verdict of capital
punishment if he brings in these wastes with the intention of their throwing,
burning, dumping, burning or storing in the Syrian Arab Republic.
Article 31:
Should it be proven that the imported chemical materials are harmful to the
environment; their importer is obligated to take them out by a decision from the
Minister. They shall be returned to the country of origin in the sense of
restoring the situation to its previous status stipulated in article 29 of this
law.
Article 32:
The punishments stated in this law do not prevent the application of severer
punishments stipulated in any other law.
Chapter Eight Transitional Provisions
Article 33:
The Minister shall have the right to delegate some of his prerogatives
stipulated in the laws and regulations in force to the governor.
Article 34:
The installations and activities existing on the date of this law issue shall
be given one-year period as of the date of their notification to conciliate
their situations with the provisions of this law. The Council may extend this
period for two additional years as a maximum for any of these installations and
activities upon their request and for justifying reasons.
Article 35:
Provisions of public institutions law No.32 for 1957 and its amendments shall
be applicable in whatever no specific text is stated in this law.
Article 36:
Provisions contrary to this law wherever stated shall be cancelled.
Article 37:
This law shall be published in the official gazette.
Damascus on 28/4/1423 H
8 July 2002
President of the Republic
Bashar Al-Assad
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