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LAW OF MONGOLIA

April 11, 1995 Ulaanbaatar city

 

 

ON NATURAL PLANTS

 

CHAPTER ONE

General Provisions

Article 1.Purpose of this Law

The purpose of this Law is to regulate the protection, proper use and restoration of natural plants (hereinafter referred to as “plants”), other than forest and cultivated plants.

Article 2.Legislation on Plants

1.The legislation on plants shall consist of the Constitution of Mongolia, the Mongolian Law on Environmental Protection, the present law and other legislative acts issued in conformity with them.

2.If an international treaty to which Mongolia is a party is inconsistent with this law then the provisions of the international treaty shall prevail.

/This article was re-edited by the law of 9 December 2010/

Article 21.Definition of Terms

1.Terms contained in the Law shall have the following meaning:

1/“natural plant species” refers to any species growing naturally without human intervention;

2/"natural plant resources" means the total population size of the plant species within the distribution area;

3/“natural plant distribution and resource research" means a research conducted to determine the size of distribution area and resource of the plant species;

4/“cultivation of natural plants" refers to cultivation and propagation of natural plant species for the purposes of protecting, preserving genetic resources and using as raw materials;

5/"Ecological-economic assessment of plant species" refers to a monetary valuation of a unit weight, calculated using a special methodology, considering habitat of the species and its ecological, economic, legal and social value;

6/"alien plant" means any non-native plant species that has arrived or been introduced from outside of the state border by human activity intentionally or accidentally.

/This article was added by the law of 9 December 2010/

Article 3.Plant Resources and their Classification

1.Plant Resources shall consist of all species of vascular plants, moss, algae, lichens, fungi and other microorganisms on the land and in the water in the territory of Mongolia.

2.Considering plant reserves and their restorative capacity, plants are classified as follows:

1/very rare;

2/rare;

3/abundant.

3.Very rare plants include those plants with no natural restorative capacity, a very restricted distribution, no usable reserves, and are in danger of extinction (this provision shall apply to the plants listed in the Appendix to the present Law).

4.Rare plants include those plants with limited natural restorative capacity, with a restricted distribution and reserves, and are potentially in danger of extinction. The list of rare plants shall be approved by the Government.

5.Plants exclusive of the plants stipulated in the Paragraphs 3 and 4 of this article shall be considered abundant.

/This paragraph was amended by the law of January 16, 1997/

Article 4.Plant Protection Management

Plant protection management shall be regulated by the Mongolian Law on Environmental Protection.

Article 5.Plant Reserve Databank

1.The Plant Reserve Databank shall consist of the following indicators:

1/plant distribution and size of reserve and their assessment;

2/collection of plant samples, preparations, and seeds;

3/reports and data on plant research;

4/data on plant monitoring and measurements;

5/data on plant protection, use and restoration measures.

2.The compilation of the Plant Databank shall be regulated by the Mongolian Law on Environmental Protection.

Article 6.Plant Use Fees

1.Where citizens, economic entities, and organizations use plants on State property they must pay a fee pursuant to legislation.

2.The procedures on maximum and minimum fees and the conditions for exemption and discounts shall be determined by Law.

CHAPTER TWO

Plant Protection and Restoration

Article 7.Plant protection

1.All levels of Governors shall, with funding from the state budget, implement the measures on plant protection from fire, diseases, harmful rodents and insects and the negative impacts of human activity. The above-mentioned measures shall also be implemented at their expense by citizens, economic entities, and organizations possessing and using land pursuant to contract.

2.Such measures as plant cultivation and introduction to protect the gene bank of very rare, endemic, and relict plants shall be performed by the Certified Organizations at the request of the State Administrative Central Organization.

3.The procedures for plant protection from diseases, harmful rodents and insects, and the negative impacts of chemicals and biological substances, as well as the procedures on establishing quarantines shall be determined by Law.

4.The use of chemicals for the protection of plants from diseases, harmful rodents and insects is prohibited, except those permitted by the State Administrative Central Organization in charge of nature and environment (hereinafter referred to as “State Administrative Central Organization”).

/This paragraph was amended by the law of January 16, 1997/

5.The possession of land containing very rare plants by citizens, economic entities and organizations for any purpose, except plant protection and restoration, is prohibited.

6.It is prohibited to cultivate alien plants without permission, issued by the central government organization.

/This paragraph was added by the law of 9 December 2010/

7.Alien plant species shall be cultivated in a designated, restricted and closed area.

/This paragraph was added by the law of 9 December 2010/

Article 71.Conducting research on plant distribution and resource and estimating ecological-economic value

1.Research on the distribution and resource of plant species used for industrial purposes shall be conducted every five years in collaboration with the central government organization and relevant scientific organizations.

2.Ecological-economic value of a plant species shall be determined by the central government organization.

3.Expenditures for conducting research on plant distribution and resource as well as ecological-economic assessment shall be financed from the state budget on the basis of proposals, made by the central government organization.

4.The central government organization shall determine the names of plant species that can be collected for industrial purposes annually.

/This article was added by the law of 9 December 2010/

Article 8.Prohibited Areas for Commercial Use of Plants

1.The use of plants for commercial purposes, regardless of the quantity of the plant reserve, is prohibited in the following areas which are important for maintaining environmental and ecological balance:

1/green zones in cities, villages, and other settled areas;

2/within 2 km from the source of a river or stream and the bank of a lake or pond;

3/very Rare Animal habitat;

4/oasis;

5/areas with degraded plant cover;

6/areas important for protection from sand movement;

7/soil erosion protected strips.

2.Soum and Duureg Citizen Representatives Khurals shall establish the areas and their boundaries referred to in subparagraphs 3, 4, 6, and 7 of paragraph 1 of this Article, based on the recommendations of the Certified Organizations.

3.The area referred to in subparagraphs 1, 2, 3, and 4 of paragraph 1 of this Article may be used as a pasture land.

Article 9.Plant Restoration

Citizens, economic entities and organizations shall return land used by them for the commercial use of plants to Soum and Duureg Governors after restoration of the land or creation of conditions for restoration at their expense according to the appropriate procedure.

CHAPTER THREE

Plant Use

Article 10.Purpose of Plant Use

Citizens, economic entities, and organizations may use Very Rare Plants only for research purposes, Rare Plants only for household and research purposes, Abundant Plants for research, household, and commercial purposes.

Article 11.Plant Use for Research Purposes

1.The state central administrative body shall issue permits to citizens, business entities and organizations to use very rare and endangered plants for research and analysis purposes.

/This part was amended according by the law of 9 December, 2010/

2.It is prohibited to use plants collected for research, analysis and household use as raw materials for production and to sell them to others for the purpose of earning income.

/This paragraph was amended by the law of 9 December 2010/

Article 12.Plant Use for Household Purposes

Citizens may use Rare Plants for the purposes of providing for family food and other household needs, pursuant to Soum and Duureg Governor permission.

Article 13.Plant Use for Commercial Purposes

1.Citizens, economic entities, and organizations may use Abundant Plants for food and technical purposes, as well as for the sale of products derived from plants.

2.Economic entities and organizations engaged in pharmaceutical production and services may use Rare and Abundant Plants for the purposes of producing medicine.

3.A permit to use Abundant Plants for commercial purposes shall, based on the conclusion of aimag, capital environment organization, be issued by Soum and Duureg Governors. A permit to use Rare Plants for commercial purposes shall be issued by State Administrative Central Organization.

/This paragraph was added by the law of 9 December 2010/

4.The plant species shall be cultivated if 50 or more percent of its roots, rhizomes and tubers are used for industrial purposes.

/This paragraph was added by the law of 9 December 2010/

Article 14.Plant Use for Pasture and Hayfields for Feeding Livestock

1.Citizens, economic entities, and organizations engaged in livestock activities shall comply with Article 52 and 53 of the Mongolian Law on Land when using plants in pastures and hay fields within the Soum and Duureg territories where they reside.

/This paragraph was amended by the law of 9 December 2010/

2.To protect Very Rare Plants, the Soum and Duureg Citizen Representatives Khurals and the Bag and Khoroo Citizen Public Khurals may, based on the conclusion of professional body, prohibit the use of pasture land and hayfields with such plants for a period of up to two (2) years.

/This paragraph was amended by the law of 9 December 2010/

3.The measures to distribute and properly manage the carrying capacity of pasture land and hayfield shall be decided and performed by the Soums, Duuregs, Bags and Khoroo Governors for the purposes of plant protection and restoration and to meet the necessary conditions for restoration.

Article 15.Plant Use Permitting Procedures

1.Citizens, economic entities and organizations requesting to use plants for commercial purposes shall have an environmental impact assessment at their expense and, after defining the relevant plant reserves, develop and submit proposals to Certified Organizations for review and to the organization or officer authorized to grant permission on plant use which will include the name and parts, purposes, quantity and duration of use for the intend species, as well as the restoration measures.

2.An application and request from citizens, economic entities and organizations, including the proposal and conclusions from Certified Organizations concerning such

proposal, shall be considered and decided by the authorized organization or officer within 14 days of its receipt.

3.A permit to use plants shall be in the form of a License. It is prohibited to transfer a license to another person.

4.The license shall include the name and address of the citizens, economic entities and organizations collecting plants, the species name and parts, the quantity to be collected, duration and location.

5.The Local Ranger shall direct citizens, economic entities and organizations with the appropriate license to the licensed area for plant collection.

Article 16.Plant Collection Procedures, Quantity, and Duration

1.Citizens, economic entities and organizations with a license to use plants shall collect plants pursuant to plant collection procedures, permitted quantity and duration.

2.The State Administrative Central Organization shall establish plant collection procedures, quantities, and duration based on the recommendations of the Certified Organizations.

Article 17.Plant Export and Plant Collection by Foreign Citizens

1.A license to export plants shall be issued by State Administration Central Organization.

2.Foreign citizen, business entity and organisation are prohibited from collecting natural Plants for any purpose.

3.It is prohibited to export perennial roots, rhizomes and tubers of plants without permission of the central government organization.

4.It is prohibited to export extremely rare and rare plant species and their parts and derivatives except for research purposes or as a final product.

5.The Government shall determine the volume of plant species to be exported for research purposes.

/These paragraphs 17.3-17.5 were added by the law of 09 December 2010/

Article 18.Possession and Use of Land for Plant Use Purposes

1.Land may be possessed and used by citizens, economic entities, and organizations for a certain period for commercial purposes according to the conditions and procedures set forth in the Mongolian Law on Land, upon entering a contract with Soum and Duureg the Governors based on the recommendations of the State Administrative Central Organization.

2.A land use contract for plant use purposes shall, in addition to Article 34.6 of the Mongolian Law on Land, contain the following:

/This paragraph was amended by the law of 7 June 2002/

1/name and quantity of the plant to be used in the licensed area;

2/conditions for plant use;

3/rights, duties, and responsibilities of contract parties related to plant use, protection, and restoration.

3.The possessor and user of land for plant use purposes shall assume the obligation to protect and restore the licensed plants and its growing environment, in addition to the rights and obligations set forth in the Article 35 of the Mongolian Law on Land.

/This paragraph was amended by the law of 7 June 2002/

4.Citizens, economic entities, and organizations possessing and using land pursuant to contract for purposes other than plant use may use plants growing on their land with the appropriate permit. A fee shall be paid for using plants for commercial purposes, however a fee will not be required for household plant use. An appropriate license to use plants must be acquired for either household or commercial purposes.

Article 19.Plant User Obligations

Plant user shall assume the following obligations:

1/comply with the legislation on plant;

2/follow the procedures on plant collection and restoration;

3/collect plants according to the quantity and duration permitted by procedure and license;

4/collect a year-old plants after the grains have ripened;

5/use plants for commercial purposes, after having an environmental impact assessment conducted and determining the amount of plant reserved at their expense, as well as restore plants or create conditions for their restoration;

6/comply with the conditions and procedures included in the land possession and use contract for plant use purposes.

CHAPTER FOUR

Miscellaneous

Article 20.Plant with Narcotic Properties

1.The list of plants with narcotic properties shall be approved jointly by State Administrative Central Organizations in charge of nature and environment and health.

2.A permit for the preparation of drugs using plants with narcotic properties shall, based on the conclusion of professional body, be issued to economic entities and organizations by the State Administrative Central Organization in charge of health. Those economic entities and organizations shall be registered in a special registry.

/This paragraph was amended by the law of 9 December 2010/

3.Collection, cultivation and use of plant with narcotic properties by citizens, economic entities, and organizations, except those economic entities and organizations referred to paragraph 2 of this Article, shall be prohibited.

Article 21.Liability for Violations of Law

21.1.Unless an official who has breached the legislation is subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service.

21.2.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 was revised by the Amendment law made on 4 December 2015/

Article 22.Effective Date of This Law

This Law shall take effect on June 5, 1995.

 

 

CHAIRMAN OF THE STATE GREAT HURAL OF MONGOLIA N.BAGABANDI