Хэвлэх DOC Татаж авах

LAW OF MONGOLIA 

May 17, 2012 Ulaanbaatar city

 

 

ON AIR

/New revision/

 

 

CHAPTER ONE

GENERAL PROVISIONS

Article 1. Purpose of the law 

1.1.The purpose of this law is to regulate relations associated with air protection, prevention from air pollution, minimizing the discharge of polluting substances in the air and put control on it.

Article 2. Legislation on Air

2.1.The legislation on Air shall consist of the Constitution of Mongolia, Law on Environmental Protection, this law, and other relevant legislations issued in conformity with them.

2.2.If an international treaty to which Mongolia is a party stipulates otherwise then the provisions of the international treaty shall prevail.

Article 3. Definitions of legal terms

3.1.The below mentioned terms as used in this law shall have the following meaning:

3.1.1.the term “ambient air” shall mean the gas mixture in its natural state of the atmosphere which is the part of the environment;

3.1.2.the term “air pollution” shall mean the excess amount of polluting substances either directly discharged or created as a result of physical or chemical reactions in the ambient air that exceeds the air quality standards;

3.1.3.the term “air quality” shall mean the composite physical, chemical and biological characteristics of air that is inconsistent with air quality standards;

3.1.4.“air quality monitoring” shall mean the regular observation, measurement, research, examination and assessment of state of air quality and its changes thereon;

3.1.5.“Air quality improvement zone” shall refer to a territory with set boundaries and regimen established with purpose to reduce air quality where specific measures are taken in place;

3.1.6.“polluting substance” shall mean physical, chemical, biological and radioactive substances and their mixture, which is emitted from any type of sources and is polluting ambient air;

3.1.7.“dangerous polluting substances” shall mean the polluting substances that are included in the list issued from the state central administrative organization in charge of nature and environment; 

3.1.8.“air pollution source” shall mean hard fuel or any object discharging polluting substance into air or causing negative physical impacts on it;

3.1.9.“major air polluting stationary source” shall mean buildings or construction structures in which production and services are being conducted releasing more than 100 tons of air polluting substances or 5 tons of dangerous polluting substances annually;

3.1.10.“mobile source” shall mean all types of auto, self-moving or mobile vehicles that run with diesel or fuel;

3.1.11.“air protection” shall mean all types of activities taken to prevent from air pollution, reduce air pollution, sustain the state of air quality at the prescribed level including their monitoring;

3.1.12.“air quality standard” shall mean the permissible amount of polluting substances that may be present in the ambient air and shall not cause adverse impacts on the environment and human health which is certified by a state central administration organization in charge of standard;

3.1.13.“air polluting waste standards” shall mean the maximum permissible norm of polluting substances that can be released in the air from a pollution source for a continuous period of time that is approved by a state central administrative organization in charge of standardization; 

3.1.14.“air pollution fee” shall refer to the payment to be made by raw coal exploiters, organic solvent producers and importers, auto vehicle or self-moving vehicle owners, license holders of major air polluting stationary sources and business enterprises and individuals using major air polluting sources for releasing air polluting substances in the air within the limit specified in the air pollution waste standards;

3.1.15.“Air pollution fee“ refers to the payment for release of air pollutants in the air which exceeds the volume specified in the air polluting waste standards;

3.1.16.“permissible waste” shall mean the maximum limit of certain polluting substances that is allowed to be released in the air by a stationary source within the air quality standards;

3.1.17.“negative physical impact on air” shall mean the impact of noise, vibration, jolt, polar radiation, electromagnetic wave and other physical factors that affect the physical characteristics of ambient air including its temperature, energy, wave and ray and consequently causing negative impacts on human health and the surrounding environment;

3.1.18.“negative physical impact standard” shall mean the permissible level of physical impact that will not cause any adverse impact on the environment and human health approved by the state administrative organization in charge of standardization; 

3.1.19.“maximum permissible level of negative physical impacts shall refer to the amount of negative physical impacts occurred to the surrounding environment that does not exceed the negative physical impact standards calculated for each pollution source.

3.1.20.“ozone layer” shall mean ozone strata of the atmosphere above the earth;

3.1.21.“green house gas” shall refer to the earth gas layer evolved naturally or by human activities with characteristics of absorbing infrared radiation and reflecting it back. 

CHAPTER TWO

RIGHTS OF STATE AND LOCAL SELF-GOVERNING ORGANIZATIONS, AND RIGHTS AND RESPONSIBILITIES OF A CITIZEN, BUSINESS ENTITY AND ORGANIZATION IN RESPECT TO AIR PROTECTION

Article 4. Rights of the State Great Hural (Parliament)

4.1.The State Great Hural shall exercise the following rights with respect of air protection:

4.1.1.To monitor the implementation of laws and legislation on air protection;

4.1.2.To approve a budget required for the implementation of this law and monitor the disbursement of fund;

4.1.3.other rights provided by law. 

Article 5. Rights of the President of Mongolia

5.1.The President of Mongolia shall exercise the following rights with respect with reducing air pollution:

5.1.1.To establish a National Committee with duties to coordinate the implementation of policies on reducing air pollution, and to ensure coordination of activities;

5.1.2.other rights provided by law. 

5.2.The president of Mongolia shall approve composition and procedure of the National Committee specified in Article 5.1.1 of this law.

5.3.The National committee specified in Article 5.1.1 of this law shall have a working secretariat and the secretariat shall establish an electronic database network and ensure an opportunity that the public receives information from it.

5.4.The state will fund the budget of the working secretariat specified in Article 5.3 of this law.

/This provision has been removed by the law of 12 December, 2013/

Article 6. Rights of the Government

6.1.The Government shall have the following plenary rights in respect of ambient air /hereinafter referred to as air/ protection:

6.1.1.Approve the National Program on Air Protection and Climate Change and organize its implementation;

6.1.11.To establish a National committee with the duties and responsibilities to manage the implementation of air pollution reduction policy, ensure its operational harmonization;

/This provision has been added by the law of 12 December, 2013/

6.1.2.To establish a National Committee on Climate Change with duties and responsibilities to organize activities and provide integrated management with respect to implementation of United Nations Framework Convention on Climate Change /hereinafter referred to as the convention/, climate change adaption, and mitigation of ecological vulnerability and negative impacts of climate change at national level;

6.1.3.to prepare a budget proposal for reducing air pollution and have it approved;

6.1.4.to develop an action plan on reducing air pollution and have it approved, and report back to the Parliament on annual basis on its implementation;

6.1.5.organize activities to expand and improve capacity of power transmission and distribution line to ger districts in the air quality improvement zone, and monitor its implementation;

6.1.6.To set forth the electricity price bonus type, percentage and fund the bonus from state budget for households located in the air quality improvement zone if they meet the conditions and requirements specified in Article 14 of this law;

/This provision has been revised by the law of 23 January, 2015/

6.1.7.to take a comprehensive measure to build reliable infrastructure network including power production, transmission and distribution required for households in ger districts to use electric heating;

6.1.8.to promote a citizen, business enterprises and organizations that are engaged in activities to reduce air pollution, to diminish loss of heat and save electricity and power; 

6.1.9.to develop an action plan, have it approved and organize its implementation with respect to developing suburbs and distant districts around the city through establishing an infrastructure consists of highways, electric railroads, bridge, power and engineering network with purpose to reduce population density in the city; 

6.1.10.to resolve the funding issues required for reducing air pollution in a way to release Government bonds and Municipal bonds or mobilize other types of financial resources;

6.1.11.to approve a procedure on promotion specified in Article 6.1.6, 6.1.8 of this law.

6.1.12.to develop a comprehensive standard on insulation of gers and facilities, have it approved and enforce its implementation;

6.1.13.other rights provided by law.

6.2.Regulation on the components and work procedure of the National committee specified in 6.1.11 of this law is to be approved by the Prime Minister of Mongolia. 

/This provision has been added by the law of 12 December, 2013/

6.3./This provision has been removed by the law of 23 January, 2015/

6.4./This provision has been removed by the law of 23 January, 2015/

Article 7. Plenary rights of the state central administrative organizations in charge of nature and environment 

7.1.The state central administrative organization in charge of nature and the environment (hereinafter referred as “the central state administrative organization”) shall have the following plenary rights in respect of air protection:

7.1.1.to organize the implementation of the state policy and national programmes on air protection;

7.1.2.to enact rules, regulations, instructions and guidance on air protection and ensure their implementation;

7.1.3.to develop standards mentioned in Article 17 of this Law and have them approved by relevant authorities;

7.1.4.to enact rules of and provide professional guidance to the air quality professional organization specified in Article 10.1 and working secretariat of the Climate Change Committee specified in Article 24.1;

7.1.5.to organize air quality monitoring, adopt instructions and procedures for monitoring and provide professional guidance;

7.1.6.to implement the creation of database on air monitor and its realization;

7.1.7.to monitor the stages of reduction and limitation on the consumption of ozone depleting substances;

7.1.8.to issue a permit to utilize major air polluting stationary sources, extend its term, terminate and repeal the term, determine the maximum amount of polluting substantances that can released in the air, and to determine the fee schedule for professional assessment services; 

7.1.9.to approve a list of dangerous polluting substances;

7.1.10.other plenary rights provided by law.

Article 8. Plenary rights of the local administrative and self-governing organizations 

8.1.The local administrative and self-governing organizations shall have the following plenary rights in respect of air protection:

8.1.1.to organize and monitor the implementation of the air legislation and decisions enacted in connection with it in their respective territory;

8.1.2.develop a plan to protect air and reducing air pollution and fund the measures from the local budget;

8.1.3.to ensure continual functioning of the unit of the national air quality monitoring network;

8.1.4.to organize the monitoring of air polluting substance waste, level of physical negative impact on air and to conduct a census on air polluting sources in collaboration with the local branch of the professional unit in their respective territory;

8.1.5.to conduct a census on air quality, air polluting waste and its sources and compile the data submit it to the professional organization;

8.1.6.to organize the implementation of a procedure issued by the state central administrative organization to be followed in the air quality improvement zone of its respective territory;

8.1.7.to connect low pressure furnaces operating in cities, villages and other settlements to the partial heating system, and to introduce advanced heating technologies hat work with electricity, gas and coke;

8.1.8.to publicly announce the daily level of air pollution and air quality forecasting in cities, villages, and other settlements; 

8.1.9.other rights provided by law.

8.2.Municipal Citizens’ Representatives Meeting shall exercise the following rights:

8.2.1.to approve annual budget for air quality improvement zones in the municipal city;

8.2.2.to monitor the Governor’s activities with respect to reducing air pollution in the municipal city;

8.2.3.To resolve issues such as providing low income households with ger and building insulation materials, improved stoves, non-air polluting patent fuel, semi-coke and liquid gas fuel that are living below the standards in air quality improvement zones of the municipal city;

8.2.4.other rights provided by law.

Article 9. Rights and duties of citizens, business entities and organizations

9.1.Business entities, organizations and citizens shall have the following rights and duties:

9.1.1.To comply with laws and legislations on air, decisions of local self-governing bodies and state administrative organizations and Governors, and orders of state inspectors;

9.1.2.to meet requirements specified in rules and procedures on air protection and air pollution substance waste standards;

9.1.3.to equip with internal monitoring devices to monitor the waste released from pollution sources and its impact when engaged in production and services using major air polluting stationary sources;

9.1.4.business entities and organizations to implement the internal monitoring as it is stated in the environmental monitoring programme reflected in the detailed environmental impact assessment report;

9.1.5.business entities and organizations to submit reports in respect of internal monitoring of air pollution sources and other relevant datas and submit the report to the local branch of the professional unit as provided by Article 12.5 of this law;

9.1.6.to obtain methodological assistance and advice from professional bodies on air protection; 

9.1.7.to comply with relevant laws and legislations on reduction of air pollution;

9.1.8.not to burn raw coal and other types of air polluting substances in the air quality improvement zones;

9.1.9.to utilize equipment and technologies efficient on air pollution and use liquid gas and other type of sources;

9.1.10.to make a request, complain and inform the relevant authorities if a citizen, business entity and organization’s activities pollute the air and the pollution reaches the level where it negatively affects the human health;

9.1.11.other rights and duties provided by law.

CHAPTER THREE

AIR QUALITY MONITORING AND INFORMATION

Article 10. Professional unit

10.1.The state central administrative organization shall establish a professional unit with duties and responsibilities to determine air quality, conduct monitoring and assessment, and provide relevant information and data and draw conclusion /hereinafter referred to as “professional unit”/. 

10.2.The state central administrative organization shall make a decision to establish branch offices of the professional unit at local level while taking into account of environmental and climate conditions and the level of industrialization, and shall provide with professional and methodological directions.

10.3.The local branch of the professonal unit shall operate under the management of the local Governor while ensuring the implementation of procedures approved by the state central admnistrative body. 

10.4.The professional unit shall ensure the implementation of national programmes and commitments taken under the international conventions on ozone layer protection.

10.5.Officials of the professional unit shall have a right to enter business entities and organizations to conduct measurement, research and study. 

Article 11. Air quality monitoring and research

11.1.The state central administrative organization shall establish and maintain the operations of a network for regular observation, measurement, research and monitoring and provide related data and information on air quality, negative physical impacts on air, acidic precipitation, and stratosphere ozone layer and changes in green house gas.

11.2.Monitoring and research networks shall consist of the following parts:

11.2.1.a unit of International monitoring and research network in Mongolia;

11.2.2.state monitoring and research network;

11.2.3.local monitoring and research unit;

11.2.4.internal monitoring units of business entities and organizations that discharge air polluting substances or cause physical negative impact on air;

11.3.The units and network mentioned in Article 11.2.1 and 11.2.2 of this law shall be determined by the state central administrative organization while taking into consideration of size of the city, village and other settlements, population density, topographical characteristics and degree of industrialization; and expenses related with the establishment, equipping and maintaining their operation shall be funded from the state budget.

Article 12. Air quality information

12.1.Local branches of the professional unit shall submit air quality information to the Governor and the professional unit of the respective territory.

12.2.The professional unit shall summarize and analyze the air quality information and submit it to the central state administrative organization.

12.3.The professional unit shall immediately inform the relevant organizations and the public if the content of polluting substances in the air or level of negative physical impacts exceeds the permissible limits set by the standards and give health advice accordingly. 

12.4.Business entities and organizations shall inform the local branches of the professional unit about their activities affecting air quality and their internal monitoring information within the specified period of time.

12.5.The regulations on preparing air quality information shall be enacted by the central state administrative organization. 

CHAPTER ONE

AIR PROTECTION MEASURES

Article 13. Activities to reduce air pollution and main principles

13.1.The following activities to reduce air pollution shall be implemented in certain phases:

13.1.1.to expand energy source and power transmission and distribution network of ger district, and increase their capacity;

13.1.2.to establish air quality improvement zones in ger district, and adjust electricity price as a method of promotion;

13.1.3.to deliver electricity and other types of discounts and services to households in ger districts in the first hand;

13.1.4.to promote and support households, business entities and organizations that introduced new initiatives and advanced equipments and technologies to reduce air pollution;

13.1.5.to avail long term, low interest credit from the wealth to be generated from mining industry and enable an opportunity and condition to build immovable properties, buildings and apartments by putting the land in ger district into economic turnover and using it as a collateral;

13.1.6.to enable favorable condition for households, business entities and organizations to move from the municipal city to rural area (provinces) by increasing investment and workplaces, as well as offering monetary incentives for the region;

13.1.7.to intensively implement the development policies of regional development pillar centers and the remote districts of the municipal city; thus to decentralize the municipal population;

13.2.The below principles shall be followed in activities to reduce air pollution:

13.2.1.to use electric and geothermal energy for heating and utilize semi-coke and gas fuels in household use instead of raw coal;

13.2.2.to impose liability to officials, business entities, organizations and individuals for violation of laws and legislations;

13.2.3.Integrated efforts of the Government, business entities, organizations and individuals shall be used to implement measures to reduce air pollution;

Article 14. Civil participation in reducing air pollution and promotion

14.1.Households that meet the following conditions and requirements shall be awarded as it has been specified in Article 6.1.6 of this law. 

14.1.1.owns a ger and/or private housing that has been insulated up to the standard requirements;

14.1.2.got connected to the electricity transmission and distribution line and using electric heating;

14.1.3.has a heating system that works with all types of gas fuel;

14.1.4.uses geothermal, solar, wind and other types of renewable energies;

14.1.5.uses patent fuel and semi coke, and improved stove and pipe filter that meet standard requirements;

14.1.6.owns buildings and private houses that are environmentally friendly and energy efficient;

14.1.7.reduces greenhouse gas emission by saving fuel and included in soft loan, assistance, project and programmes implemented by domestic and international partners in this area;

14.1.8.other. 

Article 15. Air quality improvement zone

15.1.The state central administrative organization jointly with the local administrative organization may establish air quality improvement zone for the purpose of reducing air pollution and approve its procedure.

15.2.Air quality improvement zone specified in Article 15.1 of this law shall be announced to public. 

15.3.Air quality improvement zones of the municipal city shall be renewed every year.

15.4.A map with a minimum scale of 1:25,000 showing the exact location and borders shall be produced by the local administrative organization and make it available to public. 

15.5.The maximum allowable concentration of any air pollutant released within the territory of air quality improvement zone shall not exceed the national standards on air quality.

15.6.The activities to be implemented in the air quality improvement zones of the municipal city shall be regulated by this law and the procedure enacted on the given zone. 

15.7.Governor of aimag and city, shall establish the unit in charge of implementation and reporting of the measures reducing air pollution in his/her territory. 

/This paragraph was added by the law of 12 January, 2018/

Article 16. Things that are prohibited in the air quality improvement zone 

16.1.It is prohibited to conduct the following activities in the air quality improvement zone:

16.1.1.to discharge wastes in non- designated areas or burn in open fire;

16.1.2.to be engaged in production and services that discharge air pollutants;

16.1.3.to utilize the subsidized electricity with purposes other than the household use, as it is specified in Article 6.1.6 of this law;

16.1.4.to utilize electric heating appliances that do not meet standard requirements; 

16.1.5.to burn raw coal and other types of air polluting substances.

Article 17. Air protection standards

17.1.Air quality standards that set the maximum permissible norm of air polluting substances and negative physical impacts on air, standards on negative physical impacts, and standards on polluting substances in the air due to burning and discharging wastes in designated facilities shall be developed by the state central administrative organization and enacted by the respective authoritive organization.

17.2.The state administrative organization shall develop the following standards jointly with other state central administrative bodies in charge of the respective issues and have them approved by the respective authoritive organization:

17.2.1.to develop standards on air polluting substance waste discharched from stationary sources including the maximum allowable amount of air polluting substances discharged from all types of stoves jointly with the state central administrative body in charge of fuel and energy;

17.2.2.to develop standards and metrological methods on air polluting substances discharched from mobile sources jointly with the state central administrative organization in charge of transportation;

17.2.3.to develop, jointly with the state central administrative organization in charge of fuel, standards on new fuel as a result of coal deep processing;

17.2.4.to develop standards on fuels such as auto fuel, diesel, and liquified gas jointly with the state central administrative organizations in charge of auto transportation and petroleum;

17.3.If necessary, the state central administrative organization independently or jointly with other state central administrative bodies shall develop other standards on reducing air pollution and its monitoring.

Article 18. Permit to use major air polluting stationary sources 

18.1.Citizens, business entities and organizations shall obtain a permit from the soum or district Governor based on a conclusion from the professional unit in order to conduct production and services activities using major air polluting stationary sources.

18.2.Air polluting substances to be discharged in the air by the given source, maximum permissible norm of negative physical impacts and other requirements that have been stated in respective laws and regulations on air protection shall be reflected in the permit specified in Article 18.1 of this law. 

18.3.The state central administrative organization shall approve a procedure that sets maximum permissible norm of air polluting waste stated in 15.2 of this law.

Article 19. Measures to be taken in case of serious increase of air pollution or negative physical impact 

19.1.As a result of natural disaster, industrial accident or other reasons, if there is a serious increase in polluting substances in the air or in the level of negative physical impact that exceed the permissible norms established by standards and is likely to endanger human health and the environment, the management of the business entities and organizations and professional unit shall immediately inform the Governors of aimag, capital city, soum or district and the public. 

19.2.The management of the business entities and organizations, professional bodies, and Governors of all instances and health and other relevant organizations shall jointly take urgent measures to identify the causes of the serious increase of air pollution and physical negative impact and eliminate the damages.

19.3.In order to reduce air pollution and negative physical impacts, citizens, business entities, and organizations and officials mentioned in Article 19.1 of this law shall undertake measures to establish a special regime or temporarily suspend their operations and if necessary, take steps to protect and relocate the population in accordance with the Law on Disaster Protection. 

Article 20. Limiting the discharge of air polluting substances and physical negative impacts

20.1.Citizens, business entities and organizations, upon receiving information from the professional unit about possible increase in air pollution due to factors related to nature and climate shall take measures to reduce the discharge of air polluting substances and physical negative impact on air caused by any source within their control in accordance with Article 19.2 of this law.

20.2.If an air polluting substance and its physical negative impact on air caused by stationary source of a business entity and organization has exceeded the established standards or it has been established that it will endanger human health and the environment, the state environment inspector and health inspector may, in accordance with the procedure provided by the Law on Offence Investigation, limit or suspend the operation of the business entity or organization concerned until the violations are eliminated. 

/This paragraph was revised by the law of 18 May 2017/

20.3.In accordance with rules established by the state central administrative organization in consultation with other authorities, In accordance with the procedure provided by the Law on Offence Investigation, state environment inspector or authorized police official may limit the use of mobile sources discharging air polluting substances and causing physical negative impact on air that exceeds applicable standards.

/This paragraph was revised by the law of 18 May 2017/

20.4.State environment inspector or health inspector shall have the authority to make recommendations to terminate or change the production types of business entity or organization that has repeatedly violated any applicable emissions standard and maximum level of physical negative impact on air and its conditions to the relevant authority which granted the permit. The authorized body shall review and make decisions in 30 days.

/This paragraph was annulled by the law of 18 May 2017/

20.5.For the purpose of protecting the air, entrance of certain types of transport means into the territory of public streets and areas may be prohibited or restricted by the decision of soum or district Governor.

20.6.Discarding, disposing or burning wastes in a non-designated area or any waste disposing activities that do not meet requirements of waste disposal standards shall be prohibited.

Article 21. Air protection requirements put for construction work and other production and services activities 

21.1.All construction activities including the selection of the location of buildings for industrial and services activities or other purposes, designing the blueprint, construction, expansion of a building, renovation, repair, putting into operation, installation of equipments and technology, its change and renewal shall all be based on the standards on air quality and negative physical impact on air.

21.2.An environmental impact assessment shall be undertaken when to construct buildings and facilities of major air polluting stationary sources.

21.3.Construction of production or services buildings which are classified as major sir polluting stationary source shall be decided by the state central administrative organization in charge of construction on the basis of the recommendation of the People’s Representatives Meeting of the relevant level and the conclusion of the environmental impact assessment.

21.4.A hygienic buffer zone shall be established for production and services buildings and isolate them from residential areas for the purpose of protecting the air in settled areas. The state central administrative organization in charge of health shall approve a list that specifies the size of the zone depending on the sector and type of each production and services activities.

21.5.An introduction of a technology, use of materials, substances and products, and use of equipments and appliances that do not comply with air protection requirements shall be prohibited.

Article 22. Air protection requirements for establishing a settlement area

22.1.Relevant authorities and officials shall take into consideration of possible changes to air characteristics and negative impacts when selecting the location and developing general development plan of city, town and other settlement areas.

22.2.The development plan specified in Article 22.1 of this law shall be reviewed by the state central administrative organization and receive permission accordingly. 

Article 23. Equipping major air polluting sources 

23.1.Citizens, business entities and organizations using major air polluting sources in its production and services activities shall equip each source with appliances and devices to do internal monitoring, to clean and neutralize air polluting substances, and reduce negative physical impacts on air. 

23.2.The state central administrative organization in charge of the relevant sector, soum or district Governor and the state environment inspector shall supervise the sources if they are equipped with monitoring appliances and devices specified in Article 23.1 of this law and their utilization.

Article 24. Adapting to climate change and reducing adverse impact of climate change 

24.1.A working unit on climate change shall be established and operated by the state central administrative organization with duties of organizing the implementation of the convention, related national programmes and action plans and coordination, assessment and reporting on the climate change adaptation fund and clean development mechanism project activities. 

/This provision has been removed by the law of 13 November, 2015/

24.2.The national inventory and monitoring of green house emission and its absorption shall be conducted by the working unit in accordance with the methodology approved by the Convention parties’ conference. 

24.3.The state central administrative organization jointly with the relevant organizations shall approve the maximum limits on green house gas emission to be released by the major source of green house gas during its operation.

Article 25. Ozone layer protection 

25.1.List of ozone dispersing substances and their substitutions, list of equipments containing these substances and regulations for granting permit on their importation, sale and use shall be approved by the Government.

25.2.The state central administrative organization shall determine the quantity of ozone depleting substances, their substitutes and equipment containing these materials to be imported each year and grant permit for importation, sale and use of these materials and equipment accordingly.

25.3.The customs authority, citizens, business entities and organizations engaged in production and services activities in accordance with the regulations specified in article 12.5 of this law shall submit information on import, sales and production with respect to substances and equipments included in the list specified in Article 25.1 of this law to the professional organization.

25.4.Pouring and reprocessing ozone depleting substances and their substitutes and recharging equipments shall be performed by organizations certified by the central state administrative organization.

25.5.Activities to destroy, remove and store ozone depleting substances and their substitutes, equipments containing these substances and confiscated substances shall be regulated by a relevant law.

CHAPTER FIVE

OTHER PROVISIONS

Article 26. Monitoring scheme

26.1.State central administrative organization in charge of professional inspection shall conduct monitoring on the implementation of this law and comprehensive standards approved with respect to reducing air pollution. 

Article 27. State inventory on air polluting substance waste, negative physical impacts and their sources

27.1.Air polluting substance waste, its negative physical impacts, and the type, quantity and volume of their sources shall be recorded in the state central inventory.

27.2.All Governors, together with professional bodies, shall maintain the state central inventory and conduct census of wastes of air polluting substances, negative physical impact on air and their sources in accordance with the regulations enacted by the central state administrative organization.

/This paragraph was revised by the law of 12 January 2018/

Article 28. Deliberate influence on air condition and weather phenomenon 

28.1.If a necessity has invoked to influence air condition and weather phenomenon, permit shall be granted to a designated organization by the state central administrative body on the bases of conclusion of the professional unit.

28.2.The deliberate influence should not negatively influence on air condition and the climate.

Article 29. Air pollution fee

29.1.All citizens, business entities and organizations using air polluting sources shall pay air pollution fee.

29.2.The amount of air pollution fee and the procedure of making fee payments specified Article 29.1 shall be set by a law.

Article 291. Fund against air pollution

291.1.the operation of the Fund against air pollution (‘Fund’) shall be regulated by the Law on Government Special Fund. 

291.2.The General Budgetary Administrator of the Fund shall be the government member in charge of environment.

291.3.The Fund shall be governed by the non-standing Governing Committee. 

291.4.The Prime minister of Mongolia shall appoint the members of the Governing Committee stated in paragraph 291.3 of this law.

291.5.The Government of Mongolia shall approve the procedure for the Governing Committee stated in paragraph 291.3 of this law.

/This article was added by the law of 12 January, 2018/

/Article 291 was annulled by the law of 13 November, 2019/

Article 30. Clean air fund

30.1.Activities of the Clean Air Fund shall be regulated by the Law on Government’s Special Funds.

30.2.General administrator of the Clean Air Fund shall be the Government Cabinet member in charge of environment.

30.3.The Clean Air Fund shall have a supernumerary Steering committee to coordinate its activities and ensure multilateral participation.

30.4.Prime Minister of Mongolia shall appoint the composition of the Steering Committee mentioned in Article 30.3 of this law.

30.5.The Government shall approve a work procedure of the Steering Committee mentioned in Article 30.3 of this law.

/This provision has been removed by the Law of 13 November, 2015/

Article 31. Liabilities for violation of law

31.1.Unless an official who has breached this law is subject to the criminal liability, he or she shall be held liable under the Law on Public Service.

31.2.An individual, legal person who has breached this law is subject to the liability in accordance with Criminal Law or Law on Offence.

/This Article has been revised by the law of 04 December, 2015/

 

 

SPEAKER OF THE PARLIAMENT OF MONGOLIA D.DEMBEREL