Law No. VIII-512 “On the protection of marine environment”.
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Type of law
Legislation
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Date of latest amendment
Abstract
This Law shall stipulate the key principles of and arrangements for the protection of the marine environment, the rights and duties of the persons engaged in the marine activities affecting or likely to affect, directly or indirectly, the marine environment, the competence of state and municipal institutions and the main functions thereof in the field of management of protection of the marine environment. The Minister of the Environment shall approve the criteria for the establishment of good environmental status of the Baltic Sea area, the assessment of the state of the marine environment, the determination of the characteristics of good environmental status of the Baltic Sea area, the objectives of protection of the marine environment and measures to achieve or maintain good environmental status. In planning measures for the protection of the Baltic Sea environment, the Ministry of the Environment or an institution authorized thereby shall cooperate with other Baltic Sea States to ensure consistency and coordination with the environmental planning documents of other Baltic Sea States. Port reception facilities shall be adequate to receive from ships using the port the required amount of relevant types of ship-generated waste, taking into account the operational needs of port users, the size and geographical location of the port, the types of ships calling at the port and exemptions established by the Article 18 of this Law. This Law shall apply to: (a) the ships flying the flag of the Republic of Lithuania and the foreign ships present in the internal waters and the territorial sea; (b) the foreign ships located outside the territorial sea to the extent this is in compliance with international law; (c) the persons engaged, on the land and in the maritime area of Republic of Lithuania, in the economic activities affecting or likely to affect the marine environment; and (d) the state and municipal institutions whose sphere of competence or the main functions relating to the protection of the marine environment are stipulated by this Law. Natural and legal persons must take all measures to prevent and eliminate pollution and protect the maritime area against the harmful effects of any activities, also restore the polluted areas of the sea. Natural and legal persons must apply the following principles to all sources of pollution which are land-based and located in the maritime area: (a) precautionary – to take protection measures when there is reason to assume that substances or energy introduced, directly or indirectly, into the sea may create hazards to human health, harm to living resources and marine ecosystems, damage amenities or interfere with other legitimate uses of the sea even when there is no conclusive evidence of a causal relationship between inputs and their alleged effects; and (b) the Best Available Technology and Best Environmental Practice as specified in Annex II to the Helsinki Convention. For the purpose of protection of the sea against pollution from land-based sources and those within the maritime area, the Government or an institution authorized by it and municipalities must develop programs and provide for arrangements, where necessary, lay down the time limits for compliance therewith and ensure implementation of all the Marine Environment Protection Arrangements as stipulated in the international agreements of the Republic of Lithuania. The owners or managers of ships shall ensure that the ships flying the flag of the State of Lithuania or registered in the territory of the Republic of Lithuania comply with the requirements of the MARPOL 73/78 Convention and the Helsinki Convention. Whether for the purpose of control or reduction of pollution, or for scientific research, harmful substances may not be discharged without an authorization of the Ministry of Environment. It shall be prohibited to discharge hazardous substances in the maritime area, with the exception of the cases specified in this Law. The Ministry of Environment and the Ministry of Health shall establish the measures and procedures restricting contamination of the maritime area by harmful aquatic organisms and pathogens discharged with ballast water of ships and sediments. Administrations of the sea ports of the Republic of Lithuania, terminals for oil and other harmful substances, the undertakings engaged in ship repair and other port facilities must have in place appropriate installations or otherwise ensure the immediate and unrestricted reception from ships, storage and treatment of oil, other liquid and solid harmful substance residues, including sewage and garbage. The following entities shall be prohibited to dispose of and incinerate wastes and other matter in the maritime area of the Baltic Sea and on the high sea: (a) the ships, aircrafts and installations of the Republic of Lithuania; and (b) the ships, aircrafts and installations loaded in the territory of the Republic of Lithuania or in the exclusive economic zone thereof. Disposal and incineration within the maritime area shall be prohibited. This Law consists of XIV Chapters divided into 70 Articles. Chapter I lays down general provisions. Chapter II gives term definitions. Chapter III establishes key principles and measures. Chapter IV regards protection against pollution from ships and installations. Chapter V regards harbor facilities. Chapter VI regards waste disposal and incineration. Chapter VII regards response to pollution incidents. Chapter VIII regards reporting. Chapter IX regards management of some activities within maritime zone. Chapter X regards protection of the coastline of maritime zone. Chapter XI regards assessment of the state of marine environment. Chapter XII regards interdepartmental consultative council on marine environment protection. Chapter XIII regards control and liability. Chapter XIV regards particulars of the application of this Law.
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Entry into force notes
This Law enters into force on the date of its official publication.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
LIETUVOS RESPUBLIKOS JŪROS APLINKOS APSAUGOS ĮSTATYMAS 1997 m. lapkričio 13 d. Nr. VIII-512 Vilnius.