Concerning the land

Management Plans of Protected Area

1. The Ministry of Environment, other state organs and local government or in collaboration with third parties shall prepare management plans for each protected area.

2. All management plans of protected areas, which are not prepared by the Ministry of Environment, shall be endorsed by this Ministry in order to assure conformity with objectives of this law or of other related laws.

3. Management plans of protected area will be incorporated in governmental policies, plans and programs related to it as well as in the national, regional or local decision-making.

4. Management plans of protected area will include at least the following:

a) Objectives of management of protected area;

b) Mechanisms and direction authority either of the Ministry of Environment or of the other state organs or of other organizations or natural and juridical persons;

c) Processes and categories of activities which threaten or are menacing to the protected area and its surrounding areas inclusive;

ç) Regulatory or administrative measures necessary to avoid or lessen the identified threats;

4. 
   Permitted activities within the protected area;
   

e) Conditions for control of tourism and other services;

ë) Data on former ownership of the ground and rights to use biodiversity elements within it including traditional lifestyle of population or local community;

f) Conditions to develop traditional lifestyle activities, of the area or of the biodiversity elements within it provided that they do not oppose [contradict] with objectives of administration of protected area;

g) Conditions to share profits from establishment and administration of protected area, in particular with local communities and populations;

gj) Conditions for scientific research, inventory and monitoring;

h) Financial resources those profitable inclusive;

i) Any other special conditions for the mentioned area.

5. Management plans of protected areas will be revised and elaborated periodically in compliance with time needs.
Article 16

Duties of Ministry of Environment for Declaration of Protected Areas

1. 
   The Ministry of Environment shall:
   

b) Give public notice for the approved protected areas, natural monuments, protected trees, specially protected species of plants and animals, mining and paleontological discoveries determining in details conditions for their protection;

c) Approves and announces plans for management of protected areas as well as programs for protection of particularly endangered species of plants and animals, for water sources and artificial and natural lakes in these areas.

2. Plans of managements and programs of protection shall be formulated in collaboration with managing institutions and owners of objects located in protected areas.

3. Owners and users of land which will be declared a protected area as well as any individual or authority having interest in the area shall have the right of objection the objective to declare [that area] a protected area. Objections shall be submitted in writing to the Ministry of Environment within thirty (30) days from the date of objective announcement.

4. The Ministry of Environment shall review objections in a month and notify interested [parties] about the decision taken. Against the Ministry decision the interested [parties] have the right of appeal in the district court within 15 days.

5. From the notification of the plan about declaring a territory a protected area until entry into force of the decision which declares that [territory] a protected area, owners and users of land, forests, pastures shall be prohibited to intervene or damage the state and natural values of the territory been proposed for protection.
Article 17

Implementation of Management Plan

1. Management plans and protection programs shall be implemented by the administration of area protection.

2. To follow up implementation of management plans in protected areas shall be established management committees. Composition, functions, duties and responsibilities of these committees shall be determined by decision of Council of Ministers.

3. To implement management plans institutions public or private, juridical persons local or foreign, non-for profit environmental organizations may be engaged applying rules and procedures of competing and bidding.

Ownership in Protected Areas

1. Protected areas shall be declared territories that are public, municipal, communal property and in special cases private property.

2. Owning to special interest of nature and biodiversity protection in composition of protected areas shall be included private lands, forests, pastures, etc, in any case with the consent of the owner.

3. Territories and private objects, included in protected areas shall remain private property. They shall be administered and used by the owner or by the legal user only according to requirements of management plan of the area, endorsed by the Ministry of Environment.

4. Owners of the property of which is included within the territory of protected area after entry in to force of this law shall have the right of administration and use of their property in accordance with requirements of management plan. In case owners disagree they shall have the right of compensation in value or in taking another land or may sell their land to the state in conformity with legislation in force.

5. Natural monuments been public property are not transferred.

Users of Protected Areas

1. Owners of the property of which is included within the territory of protected area as well as users of this property participate in planning, protection and use of natural resources of the area. They shall be obliged to collaborate with administration of the area and implement with exactness rules, management plans and programs drafted for sustainable development of the area.

2. 
   Activities and constructions in protected areas shall be performed only in conformity with requirements of this law, in compliance with management plan and upon receipt of environmental permit. Constructions completed or in progress contrarily with this law shall be subject of Law no. 8405 dated 17.9.1998 “On Urban Planning” and its amendments.
   
3. 
   Social and economic activities, projects that aim to be implemented in a protected area shall be provided with environmental permit, upon submission of relevant study and the complete report on environmental impact assessment.
   

5. The administration of protected area, environment inspectors, local government organs in collaboration with the State Police and with Construction Police shall halt implementation of projects and activities with impact on environment and that in contradiction of management plan of area.

6. Juridical and natural persons, that perform permitted activities within the territory of protected areas after entry in force of this law shall be obliged to enter into a contract with managing institutions in order to exercise their activity, giving relevant payment [to managing institutions].
Article 20